NYS Notary Public License Law Vocabulary

Vocabulary flashcards based on the New York Department of State Division of Licensing Services Notary Public License Law booklet.

Acknowledgment

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

Administrator

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

Affiant

The person who makes and subscribes his signature to an affidavit.

Affidavit

A signed statement, duly sworn to, by the maker thereof, before a notary public or other officer authorized to administer oaths.

Affirmation

A solemn declaration made by persons who conscientiously decline taking an oath; it is equivalent to an oath and is just as binding.

Apostile

Department of State authentication attached to a notarized and county-certified document for possible international use.

Attest

To witness the execution of a written instrument, at the request of the person who makes it, and subscribe the same as a witness.

Attestation Clause

That clause (e.g., at the end of a will) wherein the witnesses certify that the instrument has been executed before them, and the manner of the execution of the same.

Authentication (Notarial)

A certificate subjoined by a county clerk to any certificate of proof or acknowledgment or oath signed by a notary; this county clerk’s certificate authenticates or verifies the authority of the notary public to act as such.

Bill of Sale

A written instrument given to pass title of personal property from vendor to vendee.

Certified Copy

A copy of a public record signed and certified as a true copy by the public official having custody of the original.

Chattel

Personal property, such as household goods or fixtures.

Chattel Paper

A writing or writings which evidence both an obligation to pay money and a security interest in a lease or specific goods.

Codicil

An instrument made subsequent to a will and modifying it in some respects.

Communication Technology

An electronic device or process that allows a notary public and a remotely located individual to communicate with each other simultaneously by sight and sound, and facilitates communication with a remotely located individual who has a vision, hearing, or speech impairment.

Consideration

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

Contempt of Court

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

Contract

An agreement between competent parties to do or not to do certain things for a legal consideration, whereby each party acquires a right to what the other possesses.

Conveyance (Deed)

Every instrument, in writing, except a will, by which any estate or interest in real property is created, transferred, assigned or surrendered.

Credential Analysis

A process or service operating according to the standards adopted in Part 182, through which a third-party affirms the validity of government-issued identification through review of public and proprietary data sources.

Deponent

One who makes oath to a written statement. Technically, a person subscribing a deposition but used interchangeably with 'Affiant.'

Deposition

The testimony of a witness taken out of court or other hearing proceeding, under oath or by affirmation, before a notary public or other person, officer or commissioner before whom such testimony is authorized by law to be taken, which is intended to be used at the trial or hearing.

Duress

Unlawful constraint exercised upon a person whereby he is forced to do some act against his will.

Electronic Notarial Act

An official act by a notary public, physically present in the state of New York, on or involving an electronic record and using communication technology authorized by Part 182.

Escrow

The placing of an instrument in the hands of a person as a depository who on the happening of a designated event, is to deliver the instrument to a third person.

Executor

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

Ex Parte

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

Felony

A crime punishable by death or imprisonment in a state prison.

Guardian

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

Identity Proofing

A process by which a credential service provider collects, validates, and verifies information about a person.

Judgment

Decree of a court declaring that one individual is indebted to another and fixing the amount of such indebtedness.

Jurat

That part of an affidavit where the officer (notary public) certifies that it was sworn to before him.

Laches

The delay or negligence in asserting one’s legal rights.

Lease

A contract whereby, for a consideration, usually termed rent, one who is entitled to the possession of real property transfers such right to another for life, for a term of years or at will.

Lien

A legal right or claim upon a specific property which attaches to the property until a debt is satisfied.

Litigation

The act of carrying on a lawsuit.

Misdemeanor

Any crime other than a felony.

Mortgage On Real Property

An instrument in writing, duly executed and delivered that creates a lien upon real estate as security for the payment of a specified debt, which is usually in the form of a bond.

Notary Public

A public officer who executes acknowledgments of deeds or writings in order to render them available as evidence of the facts therein contained; administers oaths and affirmation as to the truth of statements contained in papers or documents requiring the administration of an oath.

Oath

A verbal pledge given by the person taking it that his statements are made under an immediate sense of his responsibility to God, who will punish the affiant if the statements are false.

Plaintiff

A person who starts a suit or brings an action against another.

Power of Attorney

A written statement by an individual giving another person the power to act for him.

Proof

The formal declaration made by a subscribing witness to the execution of an instrument setting forth his place of residence, that he knew the person described in and who executed the instrument and that he saw such person execute such instrument.

Protest

A formal statement in writing by a notary public, under seal, that a certain bill of exchange or promissory note was on a certain day presented for payment, or acceptance, and that such payment or acceptance was refused.

Statute

A law established by an act of the Legislature.

Statute of Frauds

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

Statute of Limitations

A law that limits the time within which a criminal prosecution or a civil action must be started.

Subordination Clause

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

Venue

The geographical place where a notary public takes an affidavit or acknowledgment.

Will

The disposition of one’s property to take effect after death.

A notary must…

Require the sign to appear In person, personally know the signer, or verify the sign of identity with satisfactory proof

Administering an oath

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

Administering an affirmation

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

A notary may not

Solicit legal business for an attorney, receive money or anything a value for a referring clients, share legal fees, accept part of an attorney fees

Advertising rules

A notary may not advertise if they have legal powers or mislead the public about authority of a notary public

Wills

An authorized acknowledgment does not replace the required witness at the attestation clause on a will

Do not notarize the acknowledgment of a will

Name our address change fee

$10

Duplicate ID fee

$10

Application/renewal fee

$60

Certification of notary signature fee

$3

Issuance of certificate of official character fee

$1

Filing certificate of official character fee

$1

If a person is removed as a commissioner of deeds

They can never be reappointed

They are not eligible to be a notary public

And if they continue to act as one commits a misdemeanor

Who is eligible of appointment?

Commissioner of elections and inspector of elections

Public officers law

A person is not eligible if convicted of a certain federal selective service law violation

County law

Every county clerk must designate at least one staff notary

A legislator…

May not accept another paid state office without vacating their legislative seat and may be appointed by the Secretary of State to be a notary public

Sheriffs..

May not be appointed notary public as they cannot hold another public office

A notary public cannot notarize if

They are a party to transaction, financially interested, beneficially interested. If performed, it is void and has no legal effect.

Protest fees

Max of $.75 for the protest $.10 per notice with a max of five - notary must be fixed without additional charged

Misdemeanor

Pretend pretending to be a notary without being appointed

Advertise as a notary

Use titles

Commit Fraud

Penalties of advertisement

Civil penalty of up to 1000

Second violation = suspension

Third violation = removal from office

Electronic notarization

Must be physically in New York, signer can be anywhere, requires live audio and video. Notaries must keep recording for 10 years

Acknowledgment/proof fee

$2

Swearing a witness fee

$2

Examples of where a notariall act is still valid, despite certain technical difficulties

Notary was technically ineligible, name misspelled, Appointment errors, Failure should file oath properly, Commission expired

Conveyance does not include

A will, a lease for three years or less, an executive contract for the sale of purchase of land, a power of attorney, authorizing someone to convey real property

Married women

May take acknowledgment or prove a document, exactly the same as if she were unmarried

Any officer who commits

Fraud Misconduct when taking acknowledgment, recording documents is liable for damages to the injured party

Banking law

The bank may open the safe deposit box after giving at least 30 days notice to the renter the opening must occur in the presence of a notary and must prepare a certificate with the date name of the lease, and inventory of the content, sealed and filed within 10 days a copy of the certificate must be mailed to the lease‘s last known address

Legal documents are non-attorney notary may not prepare

Deeds, mortgages, assignments, leases, wills, etc.

What happens to notaries who charge more than the legal fee?

Mayfair, criminal prosecution, civil lawsuit or possible removal of office

A notary public may not charge a fee for

Members of legislator military officers election inspectors poll clerks any other Public officers any public employee

Class D felony

Up to seven years

Class E felony

Up to four years

Class a misdemeanor

Up to two years

Forgery in the second degree

Is a Class D felony

Issuing a false certificate

Class E felony

Official misconduct

Class a misdemeanor

Perjury

A person commits perjury when they make a false statement, do so under oath of affirmation, know the statement is false, false statements, concerns, material fact