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NEW YORK STATE Notary Public Written
Exam 2025 Latest Complete Questions
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A NYS resident notary public who moves out of NYS but still maintains a place of business in NYS can continue to be a notary in NYS? TRUE - how if a non resident notary ceases to have a place of business in NYS, then he vacates his office as a notary public. In certain situations, the Secretary of State is not required to satisfy himself of certain notary public requirements of an applicant, such as education? TRUE- example, when applicant applies less than 6 months after his term of notary has expired, or upon the application of an attorney admitted to practice in NYS, and certain court clerks A notary public who is licensed as an attorney in NYS may substitute the words "attorney and counselor at law" for "notary public"
TRUE- also, in NYC all notaries must affix to each instrument their official number No official act of a notary public shall be held invalid on account of failure to comply with the provisions listed in executive law 137 TRUE- however, if such notary willfully fails to comply, he shall be subject to disciplinary action by the secretary of state a notary public who is an employee of officer of a corporation may not take an acknowledgment of such corporation if the notary public has a financial interest in the instrument. TRUE- also if the notary public is a director or agent of such corporation An official certificate of a notary may be valid even if his term of office had expired. TRUE- also valid if there is a misspelling or other error made in his appointment or commission
No person shall be appointed a notary public if he has been convicted unlawful possession or distribution of habit forming narcotic drugs? TRUE - also cannot be appointed a notary if convixted of vagrancy or prostitution (unless the person was pardoned or received a certificate of good conduct from a parole board). An attorney who is a notary public who moves to another state shall be deemed a resident of the county where he maintains an office in NYS? TRUE - this section applies to attorneys who are admitted to practice in NYS and are counselors in the courts of record in New York State. The secretary of state shall receive a fee of $20 for changing the name or address of a notary public FALSE- the fee for changing the name or address of a notary public is $10. also, the fee for issuing a duplicate ID is also $10.
Only the secretary of state may issue a certificate of official character. FALSE- the county clerk may also issue a certificate of office The secretary of state shall collect $10 for the issuance of a certificate official character? TRUE - the county clerk collects $10 for the filling of the certificate of official character and $5 for the issuance of a certificate of official character with seal attached A certification of a notarial signature is issued by the court? FALSE - a certification of a notarial signature is issued by the county clerk for a fee of $ No person removed from commissioner of deeds in New York City is eligible for reappointment as commissioner of deeds TRUE - also not eligible for appointment as a notary public
A member of the legislature may not be appointed a notary public? FALSE- a member of the legislature may be appointed a notary. A sheriff may be appointed notary public FALSE- Sheriffs cannot hold any other office A notary public shall not notarize a paper if he has a pecuniary interest in the transaction TRUE- such notarization would be invalid The signature and seal of the county clerk on a certificate of official character or authentication may be facsimile, printed or stamped. TRUE- also may be photographed or engraved thereon
A notary shall be not be liable to the parties injured for damages sustained by them as a result of the notary public's actions FALSE- a notary public is liable for such damages A person not commissioned a notary public who acts as a notary public is guilty of a felony. FALSE- such a person is guilty of a misdemeanor. also fraud in office is also a misdemeanor The term "lien" includes every written instrument by which any estate or interest in real property is created, transferred, mortgaged or assigned. FALSE- the definition applies to the legal term "conveyance" The term "conveyance" does not include a will or lease for a term not exceeding 3 years. TRUE - also does not include an executor contract for the sale or purchase of lands
A person taking the acknowledgment or proof of a conveyance must endorse thereupon or attach certificate signed by a country clerk FALSE- the certificate must be signed by the person taking the acknowledgment of proof An officer who takes proof of conveyance or other instrument who is guilty of malfeasance is not liable for damages to the person injured FALSE- he is liable for damages to the person injured A conveyance of real property shall not be recorded unless it is in the english language. FALSE- may be recorded if there is attached to it an official translation proved and authenticated in a manner required of conveyances for recording in NYS A deposition (may/may not) be taken before a notary public in a civil proceeding?
a deposition may be taking before a notary public in a civil proceeding Within __ days of the opening of a the safe deposit box, a copy of the notary public's certificate must be mailed to the lessee at his last known postal address 10 days also the box cannot be opened by the lessor until 30 days after notice to the lessee A notary public (has/has not) authority to solemnize marriages? does not have authority, also a notary public may not take the acknowledgement of parties and witnesses to a written contract of marriage The oath of a public officer (may/may not) be administered by a notary public. An oath to an official may be administered by a notary public.
A public officer cannot charge a fee, except where a fee or other compensation is expressly allowed by law. TRUE- also a public officer cannot charge more for the service than is allowed by law A public officer cannot receive a fee in advance of rending the service? FALSE- a public officer can receive a fee in advance if the law allows. also, cannot charge a fee unless the service was actually rendered by him An officer who violates the fee provisions is liable for treble damages to the person aggrieved TRUE- also is liable for punishment prescribed by law for the criminal offense and removal from office The maximum term of an indeterminate sentence shall be at least ____ years. 3 years, the term is fixed by the judge
For a class ___ felony, the term shall be fixed by the court and shall not exceed 7 years D A sentence of imprisonment for a class "a" misdemeanor shall be a ___ sentence maximum of one year of a misdemeanor A person is guilty of forgery in the __ degree when he falsely makes, completes or alters a written instrument Second degree Forgery in the second degree is a class ___ felony D
An ___ is formal declaration before an authorized officer by a person who has executed an instrument that such execution is his act and deed. acknowledgement- the officer must know that the person making it is the person described and who executed the instrument It is not essential that the person who executed the instrument sign his name in the presence of the notary. TRUE- however, taking acknowledgements over the phone is illegal A notary who takes an acknowledgment over the telephone is guilty of a _____. misdemeanor Unless the person who makes the acknowledgment appears in front of the notary, the notary's certificate that he so came is _____.
Fraudulent Making a false certificate is forgery in the _____ degree Second A notary public (should/should not) take an acknowledgement to a legal instrument to which the notary is a party in interest. should not An (administrator/affiant) is a person appointed by the court to manage the estate of a deceased person who left no will. administrator a (statute/affidavit) is a signed statement, duly sworn, before a notary public or other officer authorized to administer oaths. affidavit
A ______ is a written instrument given to pass title of a personal property from vendor to vendee. bill of sale ____ is a writing or writings which evidence both an obligation to pay money and a security interest in specific goods chattel paper a __ is an instrument made subsequent to a will and attached to the will codicil ___ is anything of value given to induce someone to enter into a contract consideration
a ___ is a copy of a public record signed and certified as true copy by the public official having custody of the original. certified copy Behavior that is disrespectful of the authority of a court which disrupts the execution of court orders is known as _____ contempt of court A ___ is an agreement between competent parties to do or not do certain things for legal consideration. contract Generally, every instrument (except a will) by which any estate or interest in real property is created, transferred, assigned or surrendered is known as conveyance
