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acknowledgement ✔✔a formal declaration before a notary public or other authorized person by an individual signing and instrument that such execution is his or her free act and deed, and that it was signed willingly for the purpose defined in the instrument
affiant ✔✔person who makes and subscribes an affidavit
affidavit ✔✔written statement of facts made voluntarily, verbally confirmed to be true by an oath or an affirmation, and signed before a notary public or other person authorized to administer oahts
affirm ✔✔to make a solemn, formal declaration of the truth of a statement or testimony, under penalty of perjury
affix ✔✔to attach or impress the notary seal to a document
apostille ✔✔a certificate of notarial authority issued by the secretary of state, the lieutenant governor or the county clerk's office, usually needed to authenticate documents going to foreign countries. testifies to the validity of the notary
attest ✔✔to certify or bear witness to, to affirm to be true or genuine
attorney-in-fact ✔✔an individual authorized to act in another's behalf by power of attorney
authentication ✔✔process of verification of notarial authority, usually used when a document is going to a foreign county that does not recognize or accept the authority of the postille
certified copy ✔✔an exact, complete and unaltered copy of a document that is not a publicly recorded document, signed as a true copy of the original by the public official who made the copy. note: notaries in some states are authorized to make certified copies; notaries in other states are not authorized to do so. in these states, notaries may take an affidavit from the document holder, called a certification of a copy. this affidavit states the document holder, not the notary, made a copy of the original document, and the notary completes a jurat
personally known ✔✔having an acquaintance derived from association with an individual, which establishes the individuals identity with at least a reasonable certainty
power of attorney ✔✔a document authorizing a person to act as another's agent or representative for a specific purpose
principal ✔✔the person making the power of attorney
reasonable care ✔✔that degree of care which a person of ordinary prudence and intelligence would exercise in the same or similar circumstances. failure to exercise such care is negligence.
satisfactory evidence ✔✔acceptable identification of an individual not personally known to the notary. identification must have a photograph, physical description, and personal data about the individual, such as height, date of birth, and is preferably government-issued
subscribe ✔✔to sign a document
swear ✔✔to take an oath
testator ✔✔person making a will
UPL ✔✔an abbreviation for the Unlicensed Practice of Law". notaries should proceed with extreme caution whenever asked to perform duties that appear to have a legal implication
venue ✔✔the location (state and county) the notarial act actually takes place. State in the following form:
state of
county of
will ✔✔an instrument by which an individual makes a disposition of his/her real and personal property, to take effect after his/her death
oath ✔✔person swears by religion or to a higher power
affirmation ✔✔person signs by own honor
acknowlegement ✔✔states that client appeared before the notary
a person can't be a notary if they've been convicted of a felony ✔✔...
who can be a notary? ✔✔-members of the NY legislature
-commissioners of elections or inspectors of election
-one staff member of the county clerk's office
who can't be a notary? ✔✔-someone convicted of a felony
-no person removed from the office of commissioner of deeds for NYC
-convicted draft dodgers
-sheriffs
fraud ✔✔misrepresentation as a notary or fraud committed by a notary is a misdemeanor punishable by up to 12 months in jail not a state prison
professional conduct statements ✔✔-do you solemnly swear that the contents of this affidavit subscribed by you is correct and true?
-do you solemnly, sincerely and truly declare and affirm that the statements made by you are true and correct?
-I may not give advice on the law
-I may not ask for and get legal business
-I may not divide or agree to divide
-I may not advertise in, or circulate more power than I was appointed
the secretary of state may appoint and commission as many notaries public as they want ✔✔...
the appointment of a notary public is a 4 year term ✔✔...
every person appointed as a notary public must, at the time of appointment, be a US citizen and a resident of NY or have a business in NY. ✔✔...
a non resident who accepts the office of notary public in this state thereby appoints the secretary o state as the person upon whom process can be served on his or her behalf. the secretary of state must verify that the applicant is of good moral character, has the equivalent of a common school education and is familiar with the duties and responsibilities of a notary public ✔✔...
perjury ✔✔one is guilty of perjury if he has stated or given testimony on a material matter, under oath or by affirmation, as to the truth thereof, when he knew the statement or testimony to be false and willfully made
administrator ✔✔a person appointed by the court to manage the estate of a deceased person who left no will
term limit for notary ✔✔4 years
charging fees ✔✔-may not charge or receive a greater fee than allowed by law
may not receive a fee for any service unless the service was actually performed
-MAY demand the fee before rendering the service
no charge ✔✔-by a notary employed by the county clerk who has been designated by law to notarize for the public during normal business hours
-may not charge any additional fee for affixing a seal on a certificate of protest or other notary form
-may not charge a fee for administering an oath of office to a member of the legislature, military officer, inspector of election, clerk of the pool , or to any other public officer or public employee
travel fees are separate from notary fees ✔✔...
notary misconduct ✔✔-knowingly performs a notarial act or an act related to the function of the notary in an unauthorized manner
-knowingly refuses to perform a notarial act without due cause
official
-official misconduct is a class A misdemeanor
misdemeanor ✔✔an offense that is not a felony
felony ✔✔a crime punishable by death or imprisonment in a state prison
misdemeanor offenses ✔✔-representing themselves as a notary without a valid notary commission
-acting as a notary before taking the oath of office
-engaging in the unauthorized practice of law
civil penalties ✔✔reimbursement of victim
attorney fees and court costs
notary liability ✔✔-notaries are liable for both intentional and unintentional misconduct
-notaries have unlimited financial liability for their actions
administrative penalties ✔✔-commission revocation
-commission suspension
-commission refusal
commission revocation ✔✔-administering an oath the notary knows to be false
-false or misleading advertising to represent that a notary has duties, rights, and privileges not given by law
-issuing a certified copy after receiving an official warding from the secretary of state
-practicing any fraud or deceit
-preparing and taking an oath of an affiant to a statement that the notary knows to be false or fraudulent
commission revocation, suspension or refusal ✔✔-substantial and material misstatements or omissions in a notary application
-conviction of a felony or any offense involving moral depravity
failure to print, type or stamp the notary commission information in black ink
notarial certificate ✔✔in notarizing any document, the notary must complete, sign and affix the office seal to the notarial wording to indicate exactly what the notarization has certified. this wording is called the notarial certificate and indicates the procedures that the notary followed in performing the notarization
ss--scilicet ✔✔a Latin term meaning "in particular" or "namely"
LS--locus sigili ✔✔a Latin term meaning "location of the seal or place of seal"
anatomy of the notary certificate ✔✔-venue (the location of the notarization)
-statement of particulars
-notary public testimonium clasue
-signature and sea and stamp of notary
-notary's identification number
-county where qualified
-expiration date of commission
seal ownership ✔✔belongs exclusively to the notary regardless of who paid it
should be kept in a locked and secured area under the direct and exclusive control of the notary when not in use
should not be surrendered to an employer upon termination of employment
authorized notarial acts ✔✔-acknowledgments
-affidavits and depositions (jurats)
-oaths and affirmations
-proofs of execution by subscribing witness
-protests
-witnessing safe deposit box openings
acknowledgments ✔✔a notarial act in which a notary certifies having positively identified a document signer who admitted having signed the document freely
steps to perform an acknowledgment ✔✔-signer personally appears before the notary
-notary positively identifies the signer
-notary scans the document
-notary asks the signer to acknowledge executing the document and sign the document if it has not been signed
-notary records a journal entry for the transaction
-notary completes certificate wording for an acknowledgment and affixes the official signature and seal
notaries must use all purpose acknowledgment wording for all acknowledgments taken on documents affecting real property, including those signed by corporate officers ✔✔...
jurats ✔✔a notarial act in which a notary certifies having witnessed the signing of a document by a signer who swear or affirms the document is truthful
affidavit ✔✔a written statement signed before a notary or other authorized officer by a person who swears or affirms the statement is true
when a principal signer is unable to appear in front of a notary, the signer may send a subscribing witness to have the document notarized ✔✔...
subscribing witness ✔✔a substitute for the principal signer and impartial witness to the transaction
steps to perform a proof of execution by subscribing witness ✔✔-principal signer signs the document
subscribing witness personally appears before the notary and ---personally knows the witness
notary scans the document
-subscribing witness signs the document, if not previously signed
-notary administers an oath or affirmation to the subscribing witness
-notary records a journal entry for the transaction
-notary completes certificate wording for a proof of execution and affixes the official signature and seal
notaries must use proof of execution statutory certificate wording when performing a proof of execution by subscribing witness ✔✔...
the maximum fee for taking a proof of execution is $2/per principal signature and $2 for swearing in the subscribing witness ✔✔...
attaching a loose certificate ✔✔-line through existing certificate and write "see attached certificate"
-complete "optional" section to prevent fraudulent removal and reattachment
-affix official seal to the loose certificate only
-staple certificate behind the signature page of the document
-optional: emboss certificate and document together
copy certification ✔✔-a notary has no statutory authority to issue certified copies
-a copy certification by document custodian is a procedure that may be used in place of issuing certified copies
-the custodian or keeper of an original document makes the copy certification, not the notary
steps to certify a copy by document custodian (keeper of the document) ✔✔-custodian personally appears before the notary
-notary positively identifies the signer
-custodian provides a photocopy of the original document
