NYS Notary Exam Practice 2024

What is the potential maximum jail sentence if a Notary refuses to notarize an affidavit in New York?

One year

What is the name of the certificate that witnesses the execution of a real estate conveyance?

Proof certificate

What are the requirements to become a notary in New York?

18 years old, no special education required, must be a resident or a qualified non-resident.

What is the status of a Notary who moves to another state but continues to work in New York?

He/She is still a qualified non-resident.

Which of the following is an error a notary can make that will not result in the instrument being unrecorded?

A) If the Notary Public was purporting to be a notary but was not licensed.
B) If the Notary Public commission was expired.
C) If a New York Notary notarizes in another state.

If a neighbor asks you to notarize an affidavit, what must you do?

Administer an oath and fill out the jurat.

What is the term for the location where a notary performs notarization?

Venue.

What activities may a non-attorney notary perform?

Administer an oath of office for a military officer.

What is the County Clerk fee for a certificate of Official Character in New York?

$5.00.

Which act can be performed by a Notary Public on Sunday?

Affidavit.

What is the term for every instrument in writing, except a will that transfers real estate interests?

Conveyance.

What is the Latin name for 'Sworn to before me this _______ day of ______'?

Jurat.

What is a New York State Notary Public conflict of interest?

legal consideration

What is the notary fee for a protest of non-payment?

$0.75 for the first one and $0.10 thereafter, limit of 5.

What do Notaries place below their signature?

Statement of Authority.

Who approves the appointment of a Notary Public in New York?

Secretary of State.

What is the fee for changing a name for marriage purposes and updating the State?

Free for anyone changing names for marriage purposes.

Who must witness the opening of an abandoned safety deposit box?

A notary public.

Who can translate a deed into another language for filing in a NY County Clerk?

A translator with certificate of designation by the county judge.

What can happen to a Notary for illegal actions or malfeasance?

A) Can be summoned to a NYS tribunal hearing for license revocation.

B) Can go to criminal court as a defendant.

C) Can be sued for damages in civil court.

What do the two witnesses to a will sign?

Attestation clauses.

What is Chattel?

Personal property, such as household goods or fixtures.

Who issues certificates related to Notary Public procedures?

County clerks' offices, Secretary of State's offices, and Notary Public.

What is the fee charged to a person for an affidavit at the County Clerks Office?

Free during normal business hours.

What is the maximum jail sentence for a Class D Felony?

7 years.

What is the maximum sentence for Class A misdemeanors?

1 year.

What is the maximum sentence for a Class E felony?

4 years.

What is the mandatory sentence for Class D felony convictions?

3 years.

What was completed by a County Clerk when issuing an 'Authentication Certificate'?

Verified the Notary Public signature is authentic.

Which of the following is considered Professional Misconduct?

A) When a Notary does something while aware it is not procedurally correct. B) Notarizing knowing there is a fake ID involved.

Can a Notary who is also an officer of a corporation notarize for her own corporation?

Yes, for employees and even fellow corporate officers, but only if she is not a party to the instrument individually or as a Co. Rep.

Who has limited rights to practice law as a non-attorney?

A) Law students after 2 semesters who have not failed the bar exam 2 times. B) Prevention of cruelty officers. C) You practicing law for yourself only.

What is required for an indictment for perjury on an affidavit?

Affiant saying 'I do' or words of like meaning after the oath is read.

Affiant

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

Affidavit

An affidavit is a signed statement, duly sworn to, by the maker thereof,

before a notary public or other officer authorized to administer oaths.

Affirmation

“Do you solemnly, sincerely, and truly, declare and

affirm that the statements made by you are true and correct.”

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.

Administrator

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

Bill of Sale

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

to vendee.

Deponent

One who makes oath to a written statement.

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.

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. This agreement, once established, should be unalterable.

Executor

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

Codicil

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

respects.

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.

Judgement

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

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.

Power of Attorney

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

Laches

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

Plaintiff

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

Oath

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

Litigation

The act of carrying on a lawsuit.

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 of Limitation

A law that limits the time within which a criminal prosecution or a civil

action must be started.

Authentication

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.