Notaries public are commissioned by _____________. - ANSWER-Secretary of State
An applicant's original application and $60 fee is sent to the
... [Show More] _____________. - ANSWER-Division of Licensing Services.
The Notaries public applications' oath of office must be _____________. - ANSWER-sworn and notarized
The Secretary of State forwards the Notary Public commission, original oath of office and signature to _______________. - ANSWER-county clerk
Who maintains a record of commission and signature upon approval of an applicant for Notary Public? - ANSWER-county clerk
Who can authenticate the signature of the notary and attest to the authority to sign? - ANSWER-county clerk
What may notaries who expect to sign documents regularly in counties other than that of their residence elect to file? - ANSWER-certificate of official character
Where are attorneys/non-residents who maintain an office within the state but do not live in the State deemed residents of? - ANSWER-county of office
Where must the oath of office and signature of the notary be filed? - ANSWER-in the county clerk's office of the county of practice
The practice of taking acknowledgments and affidavits over the telephone is ___________________. - ANSWER-illegal
The slipshod administration of oaths is ________________. - ANSWER-unacceptable (to the Secretary of State)
The simplest form in which an oath may be lawfully administered is: - ANSWER-1. Do you solemnly swear that the contents of this affidavit subscribed by you is correct and true?
2. Do you solemnly, sincerely and truly declare and affirm that the atwtements made by you are true and correct?
Prohibited practices of law by notaries public subject the notary public to __________________. - ANSWER-removal from office by the Secretary of State, possible imprisonment, fine, or both.
Prohibited practices of law by a notary are: - ANSWER-1. Giving advice on the law
2. Asking for and getting legal business to send to a lawyer from whom he receives any money/consideration
3. Dividing legal fees with a lawyer
4. Advertising or circulating any ad with rights not given to the notary.
A notary public is cautioned not to/has no authority to execute an acknowledgment of the execution of a _______________. - ANSWER-will, marriage
Why shouldn't notaries public execute an acknowledgment of execution of a will? - ANSWER-It cannot be deemed equivalent to an attestation clause accompanying a will. It is also an invasion of the legal profession.
A nonresident with no office or place of business in this state does what? - ANSWER-vacates office
A resident of NYS that moves out of the state and does not retain an office or place of business in state does what? - ANSWER-vacates office
A non-resident who does not maintain an office in NYS who accepts the office of notary public does what? - ANSWER-appoints the Secretary of State to serve upon his behalf
Unless an attorney, the Secretary of State shall satisfy himself that the applicant is - ANSWER-1. of good moral character
2. has the equivalent of a common school education
3. is familiar with the duties and responsibilities of a notary public
The notary public must apply for reappointment within how long of expiration to waive qualifying requirements by the Secretary of State? - ANSWER-6 months
The notary public who is enlisted in the armed forces must apply for reappointment within how long of expiration and military discharge (not dishonorable) to waive qualifying requirements by the Secretary of State? - ANSWER-1 year
Who may suspend or remove any notary from office for misconduct? - ANSWER-Secretary of State
What must be done before a Secretary of State can suspend or remove a notary from office for misconduct? - ANSWER-The notary public must be served with a copy of the charges and have an opportunity to be heard.
Can a person be appointed as a notary public if they have been convicted of a crime? - ANSWER-Yes (if the Secretary of State finds the convictions do not constitute a bar to appointment, e.g. by obtaining an executive pardon, a certificate of relief from disabilities, or a certificate of good conduct from the parole board)
Applicants for a notary public commission should submit their application with oath of office (duly executed) with their signature to the ____________________. - ANSWER-Secretary of State
How much is the non-refundable application fee that is sent to the Secretary of State? - ANSWER-$60
What information is contained on the notary public identification card? - ANSWER-appointee's name, address, county and commission term
What will the Secretary of State send to the county clerk upon application and approval of appointment? - ANSWER-the commission (duly dated), oath of office (original or certified copy), official signature, and $20 apportioned from the application fee (by the 10th day of the following month)
The county clerk, upon application approval, will make a proper index of what? - ANSWER-commissions and official signatures
Applicants for reappointment should submit their application and oath of office to the ______________________. - ANSWER-county clerk
Who will issue the commission for reappointment? - ANSWER-county clerk
What will the county clerk send to the Secretary of State upon application and approval of reappointment? - ANSWER-the commission, oath of office (original or certified copy), official signature, and $40 apportioned from the application fee (plus interest as required by NYS) (by the 10th day of the following month)
The Secretary of State, upon application reapproval, will make a proper index of what? - ANSWER-commissions
A duplicate ID card may be issued upon what? - ANSWER-an ID card lost, destroyed or damaged
Each duplicate ID card will have what? - ANSWER-the word "duplicate" stamped across the face and the same number as the one it replaces
Who may certify to the official character of the notary public? - ANSWER-the Secretary of State or county clerk
How much does the Secretary of State or county clerk collect for issuing a certificate of official character? - ANSWER-$1
How much does it cost to request a certificate of proof, acknowledgment or oath from the county clerk? - ANSWER-$3
What does a county clerk check when certifying a notarial signature? - ANSWER-1. confirms he is acquainted with the handwriting of the notary or compares the signature and believes it is genuine
2. state that the signature has been filed in his office and that he was taking proof, acknowledgment or oath at the time
Who is not allowed to be appointed commissioner or notary public? - ANSWER-1. a person removed from office as a commissioner of deeds for NYC
2. a sheriff (who may not hold any other office)
3. person convicted of violation of US selective draft of May 18, 1917 or federal selective training and service act of 1940
A person signing or executing an instrument after knowledge of removal from notary public office is guilty of a ___________________. - ANSWER-misdemeanor
The individual appointed by the county clerk to be available to notarize documents for free during normal business hours at the county clerk's office is exempt from what? - ANSWER-exam fee and application fee
A notary public cannot act in a case if he is involved in what capacity? - ANSWER-if he is a party to or directly and pecuniarily (or beneficially) interested in the transaction
What forms may the signature and seal of a county clerk be in? - ANSWER-1. facsimile (exact copy)
2. printed
3. stamped
4. photographed
5. engraved
A notary public is qualified to - ANSWER-1. administer oaths and affirmations
2. take affidavits and depositions
3. receive and certify acknowledgments or proof of deeds, mortgages and powers of attorney (and other instruments in writing)
4. demand acceptance or payment of foreign and inland bills of exchange, promissory notes and obligations in writing
5. protest the same for non-acceptance or non-payment
6. exercise powers and duties in another jurisdiction according to commercial usage if he writes name of jurisdiction
A notary public cannot demand or receive a protest for non-payment a fee greater than ____________________. - ANSWER-75 cents for the protest, 10 cents for each notice, not exceeding five, on any bill or note
A notary public who advertises in a language other than English should also post this statement: - ANSWER-I am not an attorney licensed to practice law and may not give legal advice about immigration or any other legal matter or accept fees for legal advice. (printed clearly and conspicuously and made in the same language as the advertisement)
Any notary public who violates the terms for advertising (set forth by the Secretary of State) may be punished in the following ways: - ANSWER-1. first violation: a civil penalty of up to $1,000 (recoverable in an action)
2. second violation: suspension (by Secretary of State)
3. third violation: removal from office (by Secretary of State) (notary should first be served with a copy of the charges against him and given an opportunity to be heard)
How much is a notary public entitled to for administering an oath/affirmation? - ANSWER-$2
How much is a notary public entitled to for taking/certifying the acknowledgment/proof of execution of a written instrument, by one person? - ANSWER-$2
How much is a notary public entitled to for taking/certifying the acknowledgment/proof of execution of a written instrument, by each additional person or swearing witness? - ANSWER-$2
What should a notary public print, typewrite or stamp in black ink beneath his signature, or in other words be contained in the Statement of Authority (in addition to venue and signature)? - ANSWER-name, words "Notary Public State of New York", county originally qualified, commission expiration date and, where required,
county where certificate of official character is filed, using the words "Certificate filed ................... County."
What is the format of the Statement of Authority (information beneath signature)? - ANSWER-Notary Public, State of New York
No. _____________
Qualified in _________ County Commission Expires __________, 20__.
The official certificates made by notaries public shall not be deemed invalid, impaired or in any manner defective by these (6) defects: - ANSWER-1. ineligibility of the notary public or commissioner of deeds to be appointed
2. misnomer or misspelling of name or other error made in his appointment
3. omission of the NP to take or file his official oath or otherwise qualify
4. expiration of his term
5. vacating of his office by change of his residence, or by acceptance of another public office;
6. the fact that the action was taken outside the jurisdiction where the NP was authorized to act
No notary public shall be entitled to withstand certain defects of official certificates if _______________________________. - ANSWER-he knew of the defect or if the defect was apparent on the face of the certificate
conveyance - ANSWER-every written instrument where any estate or interest in real property is created, transferred, mortgaged or assigned, or title to any real property is affected
The acknowledgment or proof of a conveyance of real property may be made: - ANSWER-1. At any place within the state, before
(a) a justice of the supreme court;
(b) an official examiner of title;
(c) an official referee; or
(d) a notary public.
2. Within the district where officer is authorized to perform official duties, before
(a) a judge or clerk of any court of record;
(b) a commissioner of deeds outside of NYC, or a commissioner of deeds of NYC within the 5 counties comprising NYC
(c) the mayor or recorder of a city;
(d) a surrogate, special surrogate, or special county judge; or
(e) the CC or other recording officer of a county.
3. Before a justice of the peace, town councilman, village police justice or a judge of any court of inferior local jurisdiction, anywhere within the county containing the town, village or city
When the execution of a conveyance is proved by a subscribing witness, the subscribing witness must provide _______________. - ANSWER-his own place of residence (city, street and street number), and that he knew the person described and executed the conveyance
Proof by subscribing witness must not be taken unless the notary public is ______________________. - ANSWER-personally acquainted with the witness or has satisfactory evidence that he is the same person
A notary public taking acknowledgment or proof of a conveyance must endorse/attach a _______________________. - ANSWER-signed certificate (stating all the matters to be done, known, or proved) and the name and substance of each witness
jurat - ANSWER-Latin name for the part of an affidavit where the notary public certifies that it was sworn to before him. The form is generally:
"Sworn to before me this ....... day of ............, 20 ........"
In New York State, the notary can notarize a document written in a foreign language, however, the notarial wording, the part that the notary public places on the document must be in ____________. - ANSWER-English
A recording officer should record any conveyance of real property in the English language unless ___________________________________. - ANSWER-they attach a translation made by a person duly designated for such purpose by the county judge of the county desired to record such conveyance or a justice of the supreme court and must be deemed be a true and accurate translation with certification of the designation of such person by the judge.
What may be required when the instrument is recorded or used in evidence outside the State? - ANSWER-certificate of authentication [Show Less]