Notary Public License Law NYS

Appointment as Notary Public - Total Commission Fee

The total amount paid for the official appointment of a notary public, which may include state or local fees. $40 appointment, $20 filing of Oath of Office - $60 Total

Change of Name/Address Fee

$10

Duplicate Identification Card Fee

$10

Issuance of Certificate of Official Character Fee

$1

Filing Certificate of Official Character Fee

$1

Authentication Certificate Fee

$3

Protest of Note, Commercial Paper, etc. Fee

$0.75

Each additional note of Protest Fee

$.10 each limit of 5

Oath or Affirmation Fee

$2

Acknowledgement Fee

$2 per person

Proof of Execution Fee

$2 per person

Swearing Witness Fee

$2

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 (deponent)

Affidavit

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

Form of 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

Authentication (Notarial)

A certificate subjoined by a county clerk to any certificate of proof or acknowledgment or oath is signed by a 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 public record signed and certified as a true copy by the public official having custody of the original

Authority to Issue Certified Copies

A Notary Public has no Authority to Issue Certified Copies

Chattel

Personal Property, such as household good 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.

Security Agreement

The agreement in which creates or provides for the security interest

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. Can be money, personal services, or even love and affection

Conveyance (Deed)

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

Deponent

One who makes oath to a written statement. Subscribing a deposition (affiant)

Deposition

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 is unalterable

Executor

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

Ex Parte (From One Side Only)

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 or prison

Guardian

A person in charge of a minor's person or property

Judgement

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

Jurat

Part of an affidavit where the officer (notary public) certifies that it was sworn to before them.

Laches

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

Lien

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 (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

Notary Public

Oath

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

Administering Oaths

Must be administered as required by law. The person taking the oath must personally appear before the notary cannot be done over the telephone.

4 Requirements for an Oath to be Valid

1. Person swearing or affirming must personally be in the presence of the notary public

2. Person unequivocally swears or affirms that what they state is true

3. Swears or affirms ad of that time

4. Conscientiously takes upon themself the obligation of an oath

Oaths must be taken by

An individual, corporations and partnerships cannot take an oath

Public Notaries Cannot administer oaths to themselves (T/F)

T

Plaintiff

Person who starts a suit or brings an action against another

Power of Attorney

Written statement by an individual giving another person the power to act for them

Proof

The formal declaration made by a subscribing witness setting forth his place of residence, that hey knew the person described in and who executed the instrument that they 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

Seal

The only inscription required is the named of the notary and the words "Notary Public for the State of New York." The laws of NY do not require the use of seals by notaries of the public.

Signature of Notary Public

Must sign the name under which they were appointed and no other. In addition must have the words "Notary Public State of New York" name of county in which they are qualified, and the date upon which their commission expires

Statute

A Law established by an act of 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

A notary public may administer an oath or take an affidavit or acknowledgment on Sunday (T/F)

T

A notary public can take a deposition on Sunday in a civil proceeding (T/F)

F

Swear

This term includes every mode authorized by law for adminsitering an oath

Taking an Acknowledgment

The act of the person named in an instrument telling the notary public that they are the person named in the instrument and acknowledging that they executed such instrument

Certifying the Taking of the Acknowledgment

This is when the notary signs their official signature to the form setting forth the fact of the taking of the acknowledgment

Venue

Geographical place were a notary public takes an affidavit or acknowledgement

Will

The disposition of one's property to take effect after death

A Notary can notarize a document if the signer is not present (T/F)

F

A Sheriff can be a Notary Public (T/F)

F

A Notary can charge $10 per signature (T/F)

F (Max is $2 in most cases)