Executive Law 130: appointment of notaries public Flashcards
How long is the term of a notary public’s license
The appointment of a notary public shall be for a term of 4 years
Who is responsible for the application of an appointment as notary public?
The Secretary of State shall prescribe such matters
Do you need to be a resident, have an office, or place of business in NYS at the time of his or her notary public appointment?
Yes, every person appointed as notary public must, at the time of his or her appointment, be a resident of the State of New York or have an office or place of business in New York State.
Can a notary public who is a resident of NYS move out of the state and not vacate his or her office as a notary public?
Yes, as long as the notary public maintains a place of business or an office in NYS
The Secretary of State shall satisfy himself or herself that the applicant is of good moral character, has the equivalent of common school Ed, and is familiar w/ the duties and responsibilities of a notary before issuing to any applicant a ____________ as __________ __________.
commission as notary public.
You have to take the NYS Notary Public exam to become a notary public unless you meet either one of the exemptions.
An attorney and counselor at law duly admitted to practice in NYS
and/or
A court clerk of the NYS Unified Court system
How many months after a notary public’s license has expired do they have to renew their license?
6 months thereafter for reappointment as a notary public w/ the county clerk.
Qualifying reqs may be waived by the Secretary of State when an app for reappointment is filed w/ the county clerk after the expiration date for a person who failed or was unable to re-apply because…
Because they were inducted or enlisted in the U.S. armed forces
Can the Secretary of State suspend or remove notary public from office for misconduct?
Yes, but no such removal shall be made unless the person who is sought to be removed shall have been served w/ a copy of the charges against them and have an opp of being heard.
Can you be appointed as a notary public if you have been convicted of a crime in NYS or any other state or territory?
No, unless the Secretary of State makes a finding that such convictions do not constitute a bar to appointment.
