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Notary Exam > Notary Public > Flashcards

Notary Public Flashcards

1
Q

Define Lien

A

Legal right or claim which attaches upon property until debt is satisfied.

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2
Q

What is an executor?

A

One named in a will to carry out the provisions of the will.

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3
Q

What is a Consideration?

A

Anything of value given to induce entering into a contract. It could be money, personal services or even love and affection.

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4
Q

What is a subordination clause?

A

A clause, which permits the placing of a mortgage at a later date which takes priority over an existing mortgage.

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5
Q

What is Proof?

A

A formal declaration under oath by a subscribing witness that he/she saw the execution of the instrument.

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6
Q

What is a Misdemeanor?

A

Crime other than a Felony.

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7
Q

Define Felony

A

Crime punishable by death or imprisonment in state prison.

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8
Q

What is a Contract?

A

A) Agreement
B) Two competent parties.
C) Legal consideration.

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9
Q

Define swear.

A

This term includes every mode authorized by law for administering an oath.
A) Oath
B) Affirmation

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10
Q

What about the Seal?

A

Seal not required in New York but if used it must have N.P. IDENTITY (name), AUTHORITY (notary public) & JURISDICTION (state of New York).

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11
Q

The Notary’s General authority is defined where?

A

Mainly defined in 135 of Executive Law as outlined in the Notary Law Booklet.

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12
Q

Define Judgement.

A

Decree of court declaring one indebted to another and fixing the amount.

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13
Q

Define a Deponent.

A

Same as affiant. A person deposed who makes the oath to a written statement in a deposition.

Swears

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14
Q

Define Will.

A

Deposition of one’s property to take effect after death.

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15
Q

Signature of woman Notary Public who gets married and changes name during her commission?

A

If married after commission may continue to use maiden name. To add married name continue to use maiden name signature & seal and add signature of married name in parenthesis.

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16
Q

What is an Oath?

A

“I Do” - Verbal pledge made under an immediate sense of his responsibility to God, who will punish affiant if the statement is false.

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17
Q

Defines Laches.

A

Delay or negligence in asserting one’s legal rights.

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18
Q

Define Duress.

A

Unlawful constraint forcing someone to do an act against his will.

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19
Q

Define Plaintiff.

A

Injured person starting suit or action against another.

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20
Q

What is the Statute of Frauds?

A

State of Law which provides that certain contracts must be in writing or partially complied with in order to be enforceable at law.

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21
Q

What is a Deposition?

A

Testimony of a witness taken out of court under oath or affirmation to be used in court at a later date.

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22
Q

Define Jurat.

A

The part of affidavit where the N.P. Certifies that it was sworn before and place directly after the signature as follows:

“Sworn to before me this ______ day of _____ 20__”.

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23
Q

What is a Notary Public?

A

Public officer that executes acknowledgements & deeds and administers oaths & affirmations.

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24
Q

What is always required when a Notary completes a certificate in addition to the venue (State of New York, County of ______ ) ?

A

A) Sign Name Appointed with no other.
B) Include venue (where you are by county)
C) Include “Notary Public State of New York” beneath signature printed, typed or stamped in black ink.
D) Include County qualified.
E) Commission expiration date.

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25
Q

Define Venue.

A

Geographical place where affidavit or Acknowledgement shows venue of the Notarial act on its face: State of New York, County of ______ .

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26
Q

What is Conveyance?

A

Every instrument in writing except a Will where an estate or real property is created, transferred, assigned or surrendered.

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27
Q

What is a Guardian?

A

Person in charge of a minor’s person or property.

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28
Q

What is a Mortgage on Real Property?

A

Instrument creating a lien upon real estate as security for payment of specific debt, usually in bond form.

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29
Q

Define Protest.

A

A formal statement in writing by N.P. Under seal that a bill of exchange or note was presented for payment or acceptance… And was refused.

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30
Q

What is a Rule for N.P. On Sunday’s?

A

On Sunday N.P. May administer Oath or Affidavit but CANNOT take a deposition in a Civil proceeding.

Can take a Criminal deposition on Sunday.

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31
Q

Define Contempt of Court.

A

Behavior disrespectful of the authority of a court that disrupts the execution of court orders.

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32
Q

What is an Ex Parte?

A

A hearing or examination in presence of or on papers filed by one party in the absence of the other.

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33
Q

What is Litigation?

A

Act of carrying on a law suit.

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34
Q

What is a Power of Attorney?

A

Power of Attorney is a written statement by an individual giving another power to act for him.

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35
Q

What is a Statute of Limitations?

A

Law which limits the time for a criminal or civil action to be started.

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36
Q

What is a Codicil?

A

Modifies a Will.

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37
Q

Define Escrow.

A

Placing an instrument in the hands of a person as a depository to later deliver it to a third person. The agreement should be inalterable.

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38
Q

Define Lease.

A

Contract for life, term of years or at will, for consideration which is usually rent for real estate.

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39
Q

Form of Oath?

A

A) Said (asked) as statute is written calculated to awaken the conscience.
B) Affiant appears before the N.P.
C) Affiant must speak words, “I do”.
D) Affiant must swear that what he states is true.

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40
Q

Define Statute.

A

Law by Act of Legislature.

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41
Q

What is the formal declaration of a person making an acknowledgement before a Notary Public?

A

A formal declaration before a duly authorized officer by a person who has executed an instrument that such execution is his act and deed.

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42
Q

What can the N.P. Charge for the protest of non-payment of any note or for the non-acceptance or non-payment of any bill of exchange, check or draft giving notices and certificates of such protest?

A

.75 cents for the first protest

.10 cents per additional notice…NOT exceeding a limit of 5 at a time.

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43
Q

Does a N.P. Accidentally leaving out required info below his signature render the act invalid?

A

NO… The certificate of a “Notary Public” over his signature shall be evidence as presumptive.

Acceptable or “OK” defect.

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44
Q

Can a corporation sign a document and have it notarized?

A

NO… Only a person with authority to represent the corporation can make proof or acknowledgement.

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45
Q

Can a married woman make an acknowledgement or a proof of conveyance or real property or any other written instrument?

A

YES… Same as an unmarried woman.

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46
Q

Can a N.P. Receive compensation directly or indirectly for preparing deed, mortgages, assignments, etc or any action of any kind brought before any court of record?

A

NO… None but for yourself and attorneys to practice in the state with these few exceptions:
A) Officers of societies for the prevention of cruelty.
B) Law students & graduates with special permission under the programs specifying activities engaged in. Must not have failed bar exam two times.

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47
Q

What are the general rules of fees of public officers?

A

A) Execute without fee or reward unless expressly allowed by law.
B) Charge no more than allowed.
C) No fees charged in advance, unless expressly allowed by law.
D) violations of all the above are subject to liability for treble damages and criminal charges as well as misconduct.

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48
Q

Define Perjury.

A

Willfully stating or giving false testimony on a material matter under oath or affirmation.

Felony

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49
Q

Define Affirmation.

A

Solemn declaration for those who conscientiously decline taking sworn oath. Affirmation is just as binding as sworn oath.

“Plan B”

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50
Q

What is Chattel Paper?

A

Security agreement writings to evidence obligation to pay & security interest in lease or specific goods.

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51
Q

What are the purposes of the law respecting acknowledgements?

A

Purpose is not only to promote the security of land titles and prevent fraud in conveyancing, but to furnish proof of the due execution of conveyances so as to permit the document to be given in evidence without further proof and make it recordable.

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52
Q

In his/her discretion, what powers does a N.P. Who is also an attorney regularly admitted to practice in the State have?

A

With discretion, administering oaths / affirmations & take affidavits / acknowledgements of his own client in respect to any matter, claim, action, or proceeding.

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53
Q

What words can a N.P. Who is an attorney at law substitute for “Notary Public” in his stamp?

A

“Attorney & Counselor at Law”

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54
Q

Who are the 4 people that can take the acknowledgement or proof within the state of a conveyance of real property statute in the state?

A

A) Justice Supreme Court
B) Official examiner of title
C) Official referee
D) Notary Public (N.P.)

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55
Q

What does the term “person” mean for uniform certificates of acknowledgement or proof within the state?

A

Any corporation, joint stock co estates general partnership, foreign limited or professional limited liability co, joint venture, limited partnership, natural person, attorney in fact, real estate investment trust or trust, custodian or nominee or any individual or entity in any capacity.

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56
Q

Is a N.P. Authorized to authenticate a deposition in a civil proceeding?

A

YES…Except on Sunday unless it is a criminal deposition.

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57
Q

When is a N.P. Prohibited from charging a fee for certain official oaths?

A

A N.P. Can’t charge any public officer including military officers.

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58
Q

Describe issuing a false certificate and the penalty.

A

Public servant with intent to defraud, deceive or injure another, issues a legal instrument (notarizes it) with intent to be issued knowing it is false.

Class E Felony.

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59
Q

Define Affidavit.

A

A signed statement duly sworn where Affiant personally appears and makes oath to N.P. “Silent Delivery” of a signed affidavit to N.P. Without oath is not enough for indictment.

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60
Q

What is a Certified Copy?

A

Copy, signed and certified as true by the public official having custody of the original. N.P. Can’t make certified copies.

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61
Q

What does the term “Interest as a disqualification” mean?

A

A N.P. Should not take an acknowledgement if he has interest or something to gain personally.

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62
Q

What is the penalty for issuing a false certificate?

A

Class E Felony - Jail not to exceed 4 years.

3-4 years

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63
Q

What is the fee for administering oath and affirmation and certifying same?

A

$2.00.

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64
Q

If the N.P. Willfully fails to comply with requirements to include info under his signature, what is the penalty and what if it is an accident?

A

Shall be subject to disciplinary action by Secretary of State.

Willful = Misconduct - misdemeanor

By Mistake = Slipshod Administration, while not a crime can still result in loss of license.

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65
Q

What are the requisites of acknowledgement?

A

An officer must not take an acknowledgement or proof unless he knows or has satisfactory evidence that the person making it is the person who executed such instrument.

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66
Q

When can the certificate of acknowledgement or proof of a conveyance of a real property be in another language provided they are written in English letter or characters?

A

There must be a translation in English duly executed and authenticated by the person executing and duly designated person for making translation by the County Judge of the county or Justice of Supreme Court or acknowledged and certified under oath.

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67
Q

When can a N.P. Execute Wills?

A

NO… “The execution of wills under the supervision of a N.P. Can not be too strongly condemned.”

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68
Q

What are the sentences of imprisonment for a felony?

A

The maximum for the indeterminate sentence shall be at least 3 years and the fixed term is as follows:

Class D Felony - not to exceed 7 years
Class E Felony - not to exceed 4 years

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69
Q

What is an Administrator?

A

A person appointed by court to manage the estate of deceased person who left no will.

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70
Q

What is Notarial Authentication?

A

Certificate by county clerk sub joined to proof or acknowledgement or oath authenticating or verifying N.P. Authority. $3.00 signature, $5.00 official conduct.

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71
Q

What is the procedure for taking acknowledgements over the telephone?

A

Trick question…

It’s illegal, fraudulent and a misdemeanor to take it over the phone. The certificate of acknowledgement from a N.P. Declares … “On this day ____ of ____ 20__ before me came _______ to me known, etc.”…

72
Q

Can a N.P. Refuse to administer oath or affidavit when it is requested?

A

It’s a misdemeanor to refuse to administer oath or affidavit when asked by anyone. It is your duty.

73
Q

What crime is a person committing when they act, advertise or use the titles of N.P. Or COD, without first being appointed?

A

A misdemeanor, “Fraud in Office.”

74
Q

Can a N.P., Justice, Judge, clerk, deputy clerk, official examiner, mayor, recorder of city or Justice of peace who is a stockholder, director, officer or employee of a corporation, take an acknowledgement or proof to or for that corporation?

A

YES… Unless he is a party executing such instrument.

75
Q

Describe the certificate of acknowledgement or proof of conveyance general procedure?

A

A) Person taking it must endorse there upon or attach thereto a certificate signed by him.
B) Certificate of endorsement must state all matters required to be done, known or proved.
C) Must include the name and substance of the testimony of each witness examined before him and include subscribing witness place or residence.

76
Q

Is a certificate of authentication required from a county clerk in real property conveyances?

A

NO…Use of this evidence in the state of the instrument acknowledged or proved has been abolished.

77
Q

Who can institute charges and punishment for criminal contempt on any person unlawfully practicing or that assumes to practice law?

A

A) Instituted on courts own motion.
B) Motion on any officer charged with the duty of investigating and prosecuting.
C) By any bar association in the state.

78
Q

What is the sentence or imprisonment penalty for:
A) Misdemeanor
B) Felony

A

A) Class A Misdemeanor: definite imprisonment not to exceed 1 year.
B) D Felony up to 7 years
C) E Felony up to 4 years

79
Q

What crime is making a fraudulent certificate of acknowledgement?

A

Class E Felony

Sentence not over 4 years.

80
Q

How to Attest?

A

Witness signature at request of person who makes it and subscribes the same as witness.

81
Q

Can someone removed from Commissioner of Deeds, NYC ever be reappointed or become N.P.?

A

NO…140 Executive Law.

If they sign or execute any instrument as a Commissioner of Deeds or N.P., it’s a misdemeanor.

82
Q

Define Perjury.

A

Stating or giving testimony willfully on a material matter, under oath or affirmation as to the truth thereof when he knew the statement or testimony to be false.

83
Q

How much extra can a N.P. Charge when requested to affix his seal to certificates of protest?

A

N.P. Shall affix seal free of expense but can charge .75 cents per protest / seal. In other words, doing work for free.

84
Q

Is a Notary Public or COD relieved of criminal liability or any other statute of law by reason of which the official act is ruled by the law valid in any case?

A

NO…Separate penalties and liability for damages exist even if an acceptable defect exists.

85
Q

Be familiar with the real property differences of the certificates of acknowledgement proof for:
A) Personal appearance
B) subscribing witness

A

A) The personal appearance certificate is a long form of acknowledgement.

B) The subscribing witness is for swearing witnesses to the acknowledgement.

86
Q

On safety deposit boxes, when may the lessor (bank), open the box and remove and inventory its contents?

A

A) Rental fee is not paid or at termination of lease.
B) 30 days after proper notice given to the lessee.
C) in the presence of a N.P. Only.

87
Q

What is the criminal penalty for acting as an attorney where not permitted?

A

MISDEMEANOR

88
Q

What is the penalty for executing the functions of N.P. Office before having taken & filing the required oath of office?

A

Misdemeanor

89
Q

Define Acknowledgement.

A

A declaration that written execution of an instrument was made so that instrument / document is to be given evidence without further proof of execution.

90
Q

What is Apostile?

A

Department of State authentication attached to a notarized document that is County certified for possible international use.

91
Q

Is a commissioner of elections or inspector of elections eligible to become a N.P.?

A

Yes…3-200, 3-400 Election Law.

92
Q

Describe official misconduct.

A

Class A misdemeanor, knowingly exercising unauthorized acts. 1 minute to 1 year in jail (mandatory).

93
Q

What crime with criminal penalty has N.P. Or COD been guilty of if they practice fraud or deceit, besides whatever misconduct punishment is other provided for the acts?

A

FELONY

94
Q

What conditions or mistakes will not render the official acts of NP or COD defective, impaired or invalid, unless a person wishing to overturn the conditions knew of the defect; the defect was apparent; and 6 months have not passed from the time of the official act?

A

ACCEPTABLE DEFECTS:
A) ineligibility to be appointed or commissioned
B) Misnomer or misspelling or error
C) Omission to take or file official oath or otherwise qualify
D) Expiration of term
E) Vacating office as a result of acts
F) Actions taken outside jurisdiction authorized to act in

95
Q

How is the execution of conveyance “proved” by a subscribing witness?

A

A) States place of residence with street #, street name (if any)
B) States he knew / knows the person described in and who executed the conveyance.
C) Officer is personally acquainted with witness or has satisfactory evidence he is the same person who was a subscribing witness to the conveyance.

96
Q

In real property law, is the NP limited to conveyances in the county where he is commissioned?

A

NO…Any and all limitations to act as NP have been removed. In addition to administering oaths and taking affidavits anywhere in the state, you may also certify conveyances anywhere in the state.

97
Q

Can a NP counsel and advise the drawing of agreements, organization of corp or draft legal documents?

A

NO…That’s illegally practicing law.

98
Q

What is the penalty for fraud or deceit, making misstatements of fact in application for NP appointment or for taking an oath that is know to be false?

A

A) Perjury - Felony

B) Removal from Office

99
Q

What are the damages recoverable from Notary for making a false statement?

A

Action for damages sustained where NP caused someone to lose money as a result of a felony, then being sued in Civil court.

100
Q

What is Attestation Clause?

A

That clause where the witnesses certify that the instrument has been executed before them and the manner of execution is stated therein.

101
Q

In taking an acknowledgement is it essential that the person who executed the instrument sign his name in the presence of the NP?

A

NO

102
Q

What powers and duties do NPs have outside the state of commission issuance?

A

Powers and duties by the laws of nations, other governments or countries, provided that when exercising such powers, he shall set forth the name of such other jurisdiction.

They must come to New York. NP can’t act outside New York.

103
Q

What is the fee for taking acknowledgements or proof of execution of a written instrument?

A

$2.00 per original signature witnessed.

104
Q

Describe the term “Conveyance.”

A

Written instruments of estates or real property created to transfer, mortgage, assign, affect, execution of power (revocation only), postponing or subordinating mortgage lien except at will, lease under 3 years, executory contract for sale or purchase of lands or power to convey real property as the agent or attorney for owner of property.

105
Q

For the two forms of certificates of acknowledgements or proof without this state … No provision of this section shall be construed to …?

A

A) Can’t modify the choice of laws pursuant to which an acknowledgement or proof may be taken.

B) Can’t modify the requirements for seal, certificate of authenticity purports to be taken in manner prescribed by another state, District of Columbia territory, possession or foreign country.

106
Q

Can a NP solemnize marriages or take acknowledgement of parties and witnesses to a written contract of marriage?

A

NO

107
Q

What is forgery in the second degree and what is the criminal charge / penalty?

A

When with intent to defraud, deceive or injure, another person falsely makes, completes or alters a written instrument.

Class D Felony - 3 to 7 years

108
Q

Describe forgery in the second degree and the penalty for conviction.

A

Intent to defraud, deceive or injure another and falsely make complete or alter a written instrument which is or purports to be a deed, will, codicil contract assignment, commercial instrument or public record. Class D Felony.

109
Q

Define Affiant.

A

Person who makes and subscribes his signature to an affidavit.

110
Q

What is Bill of Sale?

A

Written instrument given to pass title of personal property from vendor to vender.

111
Q

What is the common meaning of acknowledgement?

A

The certificate of an officer, duly empowered to take an acknowledgement or proof of the conveyance of real property that on a specified date, “Before me came _______ to me known to be the individual described in and who executed the forgoing instrument and acknowledged that he executed same.

112
Q

Is the NP liable for damages resulting from his misconduct?

A

YES…To the parties injured for all damages they sustained by his act.

113
Q

What must the NP print, type, write or stamp beneath his signature in black ink?

A 
A) "Notary Public State of New York"
B) Name of county qualified.
C) Commission expiration date.
D) Certificate filed \_\_\_\_\_\_\_ county.
E) Notary number assigned.
114
Q

When a Justice, examiners of title, official referee or NP take acknowledgement or proof of conveyance, where can they do it?

A

Anywhere in NYS.

115
Q

Be familiar with the differences of the two uniform certificates of the acknowledgement or proof without this state.

A

At the top of the certificates they say another state (other then NYS) or another territory or even a foreign country to indicate where the real estate is situated when outside our jurisdiction (NYS).

116
Q

What is the procedure for NP when after witnessing a lessor / bank remove and inventory the contents of a safety deposit box?

A

File certificate under seal which states:
A) Date of opening (30 days after terminated lease)
B) Name of lessee
C) List of contents
D) Bank must mail copy of NP certificate to lessee within 10 days

117
Q

What happens if a NP is caught asking for or receiving more than the statutory allowance for administering the ordinary oath?

A

Criminal prosecution, civil suit for damages, possible removal from the NP commission.

118
Q

Describe official misconduct.

A

Public servant with intent to obtain benefit, injure or deprive another commits an act of unauthorized activity or knowingly refrains from performing a duty imposed.

Misdemeanor

119
Q

What is the distinction between taking acknowledgements versus affidavits?

A

A) Acknowledgement- Notary certifies identity and execution of a document, which can be signed ahead of time (not in front of NP)

B) Affidavit - Involves the administration of an oath to Affiant who must say, “I do” in the presence of the NP.

120
Q

Define Chattel.

A

Personal property such as household goods or fixtures.

121
Q

How does the NP renew his license and when?

A

Approx. 3 months prior to the expiration a renewal application is posted to the NP, which must be completed and returned with the $60.00 fee to the County Clerk.

122
Q

Of the 2 simplest forms of oath, what is required for both?

A

Oath / Affirmation

1) Person whose oath is being taken must be in the presence of authorized office (NP) to administer it.
2) It must be an unequivocal and present act by which the Affiant consciously takes upon himself the obligation of oath.

123
Q

Can a non-state resident be a NP in the state?

A

YES…

A) We can work in the state and may reside outside state.
B) Non-residents working within the state.
C) Oath of office and signature must still be filed in county of their office.

124
Q

May a NP charge a fee?

A

YES…
$2.00 to administer oath, affirmation, acknowledgements and proof of execution. Unless otherwise authorized by law, NP fees may not exceed this amount.

125
Q

Can a legislator also hold a civil office (be a Notary) in the NYS government?

A

YES…Provided not being paid. A legislator cannot hold a civil state office if receiving compensation.

126
Q

What are the reasons to be suspended or removed from NP commission?

A

Misconduct.

127
Q

In what counties can certificates of authentication of Notary Commission and signature be read into evidence when challenged?

A

In any of the counties of the state.

128
Q

What is the term of the NP commission?

A

4 years

129
Q

What are 4 examples of activities involving the practice of law which are prohibited for the NP and can result in the removal from the office, possible imprisonment, or both?

A

1) Giving advice on law, drawing papers or any legal documents recognized by courts.
2) Asking for or getting legal business to give to a lawyer and getting paid. (It’s ok to give business to a lawyer if not being compensated).
3) Notary service on wills.
4) Doing anything that infers you can give advice like advertising.

130
Q

When is the one time you may take acknowledgements / affidavits over the phone or without actually seeing the person making (signing) the acknowledgements?

A

Never, it is illegal.

131
Q

Can a person convicted of a criminal offense become a NP?

A

YES…with an executive pardon or certificate of “Good Conduct” from the Parole Board…the person will be eligible.

132
Q

Can a member of the legislature be appointed with a NP commission?

A

YES…but if being paid, they vacate their seat in the legislature and power of appointment is transferred from governor and senate to S.O.S.

133
Q

Can a person admitted to practice as an attorney within the state…whose office is in the state…but resides outside the state be a NP in NYS?

A

YES…he is deemed a resident of the county where he maintains his office.

134
Q

What must a CC certify to when he issues a Certificate of Official Character?

A

That the NPs license is valid and currently on file with the county.

135
Q

What are the general NP eligibility requirements, although not limited to these?

A

1) US Citizen
2) Reside or have a place of business in state
3) Good moral character
4) Common school education
5) No felony convictions. No convictions of weapons, burglar instruments or burglary, stolen property, unlawful entry, aiding prison escape, possession / distributing drugs, violations of selective draft act.

136
Q

How many NPs can the Secretary of State appoint?

A

As many as he likes.

137
Q

What choices does a woman notary who marries have for names to use?

A

A) Married name
B) Both maiden and married name
C) Maiden name for life

138
Q

Who maintains a record of the NP signature made available for public access and verification of official signature?

A

The County Clerk.

139
Q

How do the courts hold an assignment of mortgage taken before or by a NP who is an assignee (having interest)?

A

Null and Void, NO GOOD.

140
Q

What is on the NP ID card issued by the Secretary of State?

A 
A) ID number
B) Name
C) Address
D) County
E) Commission term
F) Expiration date
141
Q

What is the fee for changing address for NP and who is paid?

A

$10.00 except when changing address at time of application for reappointment. It is paid to SOS.

142
Q

Who is appointed to accept process service on behalf of the NP who is a non-resident?

A

The Secretary of State.

143
Q

Who commissions or licenses NP?

A

Secretary of State forwards the commissions, the original oath of office and signature of the newly appointed NP to the county clerk.

144
Q

Unacceptable to the Secretary of State is the “slipshod” administration. What is the simplest form which an oath may lawfully be administered (given) by the NP?

A

“Do you solemnly swear that the contents of this affidavit subscribed by you is correct and true?”

145
Q

How will you be notified of your exam result and what do I do when I passed?

A

Passed slip is mailed to you, fill out application and return with fee.

Failed slip is mailed to you; you may retake exam immediately. New exam schedules from the state are updated two times per year. You are not advised what you got wrong.

146
Q

What are the powers in general for the NP?

A

A) Oaths and Affirmations
B) Affidavits and Depositions
C) Acknowledgements, deeds, mortgages, powers of attorney, and other instruments in writing.
D) Demand acceptance of payment foreign and inland bills of exchange, promissory notes and obligations in writing and protest the same for non-acceptance and non-payment.

147
Q

Can one incorporator who is a NP take the acknowledgement of the other incorporator?

A

NO…that would make the acknowledgement Null and Void. They both are parties to the instrument and sign it.

148
Q

What are the fees associated with issuance of Certificate of Official Character?

A

A) Secretary of State - $10.00

B) County Clerk - $5.00

149
Q

Who issues the NP ID / License?

A

Secretary of State, the Division of Licensing Services.

150
Q

When are the only times a NP can engage indirectly in the practice of law?

A

NEVER…unless representing own self.

151
Q

How is the deviation or departing from the “step by step” procedures required of the NP viewed by the authorities?

A

1) Serious offense
2) Illegal
3) Subjects NP license to revocation and/or prosecution

152
Q

Can anyone become a NP without taking the NP exam?

A

YES…An attorney and court clerks already practicing in the state do not take the exam.

153
Q

Can a Sheriff become a NP?

A

No, Sheriffs shall not hold any other office.

154
Q

What convictions shall block NP appointment?

A

Any felony or convictions of illegal weapons, making/possessing burglar equipment, buying/receiving/possession of stolen property, unlawful entry, aiding prison escape, possession/distributing narcotics and Selective Draft Act Vagrancy and prostitution unless executive pardon or certificate of good conduct.

155
Q

What is the fee for CC to possess a request for NP commission signature authentication certificate or Certificate of Official Character?

A

Authentication - $3.00
Official Character - $5.00

Note: Authentication request will also include official character words.

156
Q

Does the NP receive an ID or license?

A

YES…NP receives an ID card within 2 weeks of Secretary of State receipt of passed exam with fee and application.

157
Q

What are the general regulations and procedures at the test center?

A

1) Photo ID
2) Thumb print taken
3) Arrive at least 15 minutes early
4) First come, first serve
5) Bring two #2 pencils
6) No study materials allowed
7) 1 hour to take the test, 40 multiple choice questions, 70% correct passes (28)

158
Q

What are the NP licensing fees?

A

1) $15.00 exam
2) $60.00 license, renew
3) $10.00 changes name & address
4) $10.00 duplicate ID cards

159
Q

Where are NPs commissioned?

A

In the county of residence or county of business in the state if residing out of state.

160
Q

Where can any NP file his signature and certificate of official character and who issues it upon request.

A

In the office of any County Clerk in any county in the state ($10 filing fee to Notary) and in any registers office. The SOS and CC can issue Certificate of Official Character for a fee paid by client.

161
Q

What instances disqualify the NP in certain cases although still remaining eligible to hold office?

A

A) Having pecuniary interest or benefiting in the action.

B) Are a party directly or indirectly of the transaction.

162
Q

What are the procedures of appointment and fees after the “Test Passed” notification is received by you?

A

A) Submit application, $60.00 fee, passed exam slip with executed notarized oath of office to SOS.
B) SOS satisfied, issues NP commission and ID card which are mailed
C) $20.00 is mailed to CC from SOS by 10th day of following month
D) CC keeps commission and signature on file.

163
Q

What is fee charged by CC and register for filing of Certificate of Official Character in additional county?

A

$10.00.

164
Q

Can a NP be denied reappointment at time of renewal…even if in excellent, good standing?

A

YES…in any case the appointment is at the complete discretion of the Secretary of State.

165
Q

What happens when a NP moves out of the state and does not at least retain an office address within the state?

A

By doing so he vacates his office/commission.

166
Q

What happens if a document is notarized by a person who is not actually a NP?

A

Section 142-A of the Executive Law deems it valid although the fake NP can still be prosecuted.

167
Q

What type of exam is given?

A

$15.00 fee, multiple choice 40 questions on a machine readable score sheet, 70% or 28 correct answers are required to pass.

Topics are Law and general terms and info related to the duties & functions outlined in the “Notary Public License Law Booklet”.

168
Q

No NP shall be suspended or removed for misconduct unless what procedure occurs first?

A

NP has been served with a copy of the charges and gets an opportunity of being heard.

169
Q

What are acceptable ways the signature and seal of the County Clerk can be presented?

A

Facsimile, printed, stamped, photographed or engraved there on. (Don’t confuse with NP signature/seal)

170
Q

What can the NP do if he needs a new (duplicate) ID card?

A

Upon receipt of application for new card and $10.00, SOS reissues card with same NP ID number with the word “Duplicate” stamped across the front. It will only be issued if original was lost, destroyed or damaged. Can’t have an extra card.

171
Q

When can a NP reapply for commission without retesting?

A

1) Up until 6 months from expiration date.
2) Up until 1 year after military discharge (except dishonorable).
3) When the renewal is mailed to the NP reminding that expiration date is in 3 months.

172
Q

What does a NP do?

A

1) Administer oaths/affirmations.
2) Take affidavits and depositions.
3) Receive/certify acknowledgements, deeds, mortgages, powers of attorney.
4) Demand/acceptance of payment of foreign and inland bills of exchange, promissory notes and obligations in writing protesting the same for non-payment.

173
Q

What is the alternate simplest form in which an oath may be administered for those who conscientiously decline taking an oath?

A

Affirmation

“Do you solemnly, sincerely and truly declare and affirm that the statements made by you are true and correct?”

“PLAN B”

174
Q

When would the County Clerk normally be called upon to authenticate the signature of the NP? What is the fee?

A

When documents will be used outside the state.

$3.00 fee.

175
Q

How do the courts hold an acknowledgement taken by a person financially or beneficially interested as a party to conveyance?

A

Null and void, NO GOOD!

176
Q

Does the County Clerk provide NP services to the general public?

A

YES…The County Clerk shall have one designated for business hours. Note that the County Clerk’s staff is exempt from fees for exam ($15.00) and application ($60.00).

Notary Exam (1 decks)

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