Professional Misconduct

Question 1

Is the practice of taking acknowledgements and affidavits over the telephone, or otherwise, w/o the actual, personal appearance of the individual making the acknowledgment or affidavit before the officiating notary illegal?

Answer 1

Yes, it is illegal to take acknowledgements and affidavits over the telephone or w/o the personal appearance of the individual.

Question 2

Is a notary public allowed to give advice on the law?

Answer 2

Unless a lawyer, the notary public may not engage directly or indirectly in the practice of law.The notary may not draw any kind of legal papers, such as wills, deeds, bills of sale, mortgages, chattel mortgages, contracts, leases, etc.

Question 3

Notary Publics may ask for and get legal business to send to a lawyer(s) w/ whom he has any business connection, true or false?

Answer 3

False, a notary public may not ask for and get legal business to send to a lawyer(s) from whom he receives any money or other consideration for sending the business.

Question 4

Notary Public may divide or agree to divide his fees w/ a lawyer, or accept any part of a lawyer’s fee on any legal business, true or false?

Answer 4

False, a notary public may not divide or agree to divide fees w/ a lawyer.

Question 5

Notary public may not advertise in, or circulate in any manner, or say to anyone that he has any powers or rights not given to the notary by the laws under which the notary was appointed, true or false

Answer 5

True, May not advertise in, or circulate in any manner, or say to anyone that he has any powers or rights not given to the notary by NYS law.

Question 6

Should notary public execute an acknowledgment of the execution of a will?

Answer 6

No, a notary public is cautioned not to execute an acknowledgment of the execution of a will. Such acknowledgment cannot be deemed equivalent to an attestation clause accompanying a will.

Question 7

What is the simplest form in which an oath may be lawfully administered?

Answer 7

“Do you solemnly swear that the contents of this affidavit subscribed by you is correct and true?” (Bookman v. City of New York, 200 N.Y. 53, 56.)

Question 8

What is the affirmation that may be used for persons who conscientiously decline taking an oath.

Answer 8

This affirmation is legally equivalent to an oath and is just as binding:
“Do you solemnly, sincerely and truly declare and affirm that the statements made by you are true and correct?”