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NY NOTARY TESTBANK EXAM WITH QUESTIONS AND
WELL DETAILED ANSWERS (VERIFIED ANSWERS GRADED
A) LATEST UPDATE 2024/
What is the simplest form of an oath? - CORRECT ANSWER "Do you solemnly swear that the contents of this affidavit subscribed by you is correct and true?" What is the simplest form of an affirmation? - CORRECT ANSWER "Do you solemnly, sincerely and truly declare and affirm that the statements made by you are true and correct?" A notary may not... (four things) - CORRECT ANSWER 1. Give advice on law;
- Ask for and get legal business; 3. Divide fees with a lawyer; 4. Advertise that he practices law; 5. advised not to execute an acknowledgement of the execution of a will How long is the term of appointment? - CORRECT ANSWER Four years What qualifications must a notary have? - CORRECT ANSWER 1. US citizen; 2. Live/work in NYS; 3. have good moral character; 4. common school education; 5. familiar with duties/responsibilities of being a notary What must Secretary of state to do suspend/remove from office after misconduct? - CORRECT ANSWER Must be served with a copy of the charges against and have an opportunity to be heard. What can a notary not have been convicted of? - CORRECT ANSWER 1. a felony; 2. illegal carry; 3. making/possessing burglar's instruments; 4. buying stolen property; 5. unlawful entry; 6. aiding escape from prison; 7. narcotic drugs;
- vagrancy/prostitution
To whom does the notary submit the application? - CORRECT ANSWER Secretary of State How is the $60 app fee distributed? - CORRECT ANSWER $20 to the county clerk (where notary resides), $40 to Secretary of State Who makes an index of commissions and official signatures? - CORRECT ANSWER the county clerk, who transmits it to the Sec. of State Who issues the commission? - CORRECT ANSWER the county clerk What is the fee for reappointment? - CORRECT ANSWER $60 to the county clerk What is the fee for a name change? - CORRECT ANSWER $10 to the Sec. of State What is the fee for a duplicate ID card? - CORRECT ANSWER $10 to the Sec. of State Who may certify to the official character of the notary? - CORRECT ANSWER The Sec. of State or county clerk What is the fee for a certificate of official character? - CORRECT ANSWER $ to the Sec. of state or $5 to the county clerk
What is every notary qualified to do? - CORRECT ANSWER administer oaths and affirmations, to take affidavits and depositions, to receive and certify acknowledgments or proof of deeds, mortgages and powers of attorney and other instruments in writing; to demand acceptance or payment of foreign and inland bills of exchange, promissory notes and obligations in writing, and to protest the same for non-acceptance or non-payment, as the case may require, and, for use in another jurisdiction, to exercise such other powers and duties as by the laws of nations and according to commercial usage, or by the laws of any other government or country In addition, what are notaries who are attorneys do? - CORRECT ANSWER administer an oath or affirmation to or take the affidavit or acknowledgment of his client What is a notary liable for in the case of misconduct? - CORRECT ANSWER liable to the parties injured for all damages sustained by them What fee can a notary demand or receive for the protest for the non-payment of any note, or for the non-acceptance or non-payment of any bill of exchange, check or draft and giving the requisite notices and certificates of such protest? - CORRECT ANSWER 75 cents for such protest, and 10 cents for each notice, not exceeding five, on any bill or note What is someone guilty of if they impersonate a notary? - CORRECT ANSWER a misdemeanor
What can happen to a notary who advertises services in another language does not include the statement, "I am not an attorney licensed to practice law and may not give legal advice about immigration or any other legal matter or accept fees for legal advice"? - CORRECT ANSWER may be liable for civil penalty of up to one thousand dollars second violation - may be suspended third violation - may be removed (as long as notary has been served with charges and given opportunity to defend) What fees is a notary entitled to? - CORRECT ANSWER 1. For administering an oath or affirmation, and certifying the same when required, except where another fee is specifically prescribed by statute, $2.
- For taking and certifying the acknowledgment or proof of execution of a written instrument, by one person, $2, and by each additional person, $2, for swearing such witness thereto, $2. What must a notary include with his signature? - CORRECT ANSWER his name, the words "Notary Public State of New York," the name of the county in which he originally qualified, and the date upon which his commission expires and, in addition, wherever required, a notary public shall also include the name of any county in which his certificate of official character is filed May a notary who is a stockholder, director, officer or employee of a corporation notarize for another stockholder, director, officer or employee of a corporation or administer an oath of any other stockholder, director, officer, employee or agent of such corporation, and may such notary public may protest for non- acceptance or non-payment, bills of exchange, drafts, checks, notes and other negotiable instruments owned or held for collection by such corporation? - CORRECT ANSWER Yes
County of....... ) On the...... day of...... in the year...... before me, the undersigned, personally appeared..... ., the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he/she/they reside(s) in...... (if the place of residence is in a city, include the street and street number, if any, thereof); that he/she/they know(s)...... to be the individual described in and who executed the foregoing instrument; that said subscribing witness was present and saw said..... execute the same; and that said witness at the same time subscribed his/her/their name(s) as a witness thereto. (Signature and office of individual taking proof). The certificate of an acknowledgment, without this State, of a conveyance or other instrument with respect to real property situate in this State, by a person, may conform substantially what form? - CORRECT ANSWER State, District of Columbia, ) Territory, Possession, or ) ss.: Foreign Country ) On the...... day of...... in the year...... before me, the undersigned, personally appeared..... ., personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. (Signature and office of individual taking acknowledgment.)
The certificate for a proof of execution by a subscribing witness, without this State, of a conveyance or other instrument made by any person in respect to real property situate in this State, may conform substantially with what form? - CORRECT ANSWER State, District of Columbia, ) Territory, Possession, or ) ss.: Foreign Country ) On the...... day of...... in the year...... before me, the undersigned, personally appeared..... ., the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he/she resides in...... (if the place of residence is in a city, include the street and street number, if any, thereof); that he/she knows...... to be the individual described in and who executed the foregoing instrument; that said subscribing witness was present and saw said...... execute the same; and that said witness at the same time subscribed his/her name as a witness thereto. (Signature and office of individual taking proof.) What is a notary who is guilty of malfeasance or fraudulent practice in the execution of any duty liable for? - CORRECT ANSWER damages to the person injured If a rental fee of any safe deposit box is not paid, or after the termination of the lease for such box, and at least 30 days after giving proper notice to the lessee, the lessor (bank) may open the box in the presence of a notary, to remove an inventory the contents. What must a notary then file? - CORRECT ANSWER a certificate under seal which states the date of the opening of the safe deposit box, the name of the lessee, and a list of the contents
Should wills be executed under a notary acting as a lawyer? - CORRECT ANSWER No A notary who acts before taking an oath of office is guilty of what? - CORRECT ANSWER a misdemeanor If a notary overcharges for services, what is he liable for? - CORRECT ANSWER in addition to the punishment prescribed by law for the criminal offense, to an action in behalf of the person aggrieved, in which the plaintiff is entitled to treble damages; also, possible criminal prosecution, civil suit and possible removal Is a notary entitled to a fee, for administering the oath of office to a member of the legislature, to any military officer, to an inspector of election, clerk of the poll, or to any other public officer or public employee? - CORRECT ANSWER No What is a notary public guilty of who, in the performance of the duties of such office shall practice any fraud or deceit? - CORRECT ANSWER a misdemeanor What is the max term of sentence for a class D felony? - CORRECT ANSWER 7 years What is the max term of sentence for a class E felony? - CORRECT ANSWER 4 years What is the max term of an indeterminate sentence for a felony? - CORRECT ANSWER 3 years
What is the max term of sentence for a class A misdemeanor? - CORRECT ANSWER a definite sentence of max 1 year What is a person guilty of when they with intent to defraud, deceive or injure another, he falsely makes, completes or alters a written instrument which is or purports to be, or which is calculated to become or to represent if completed? - CORRECT ANSWER forgery in the second degree What is forgery in the second degree? - CORRECT ANSWER class D felony What is a person is guilty of when issuing a false certificate when, being a public servant authorized by law to make or issue official certificates or other official written instruments, and with intent to defraud, deceive or injure another person, he issues such an instrument, or makes the same with intent that it be issued, knowing that it contains a false statement or false information? - CORRECT ANSWER class E felony What is public servant is guilty of when, with intent to obtain a benefit or to injure or deprive another person of a benefit:
- He commits an act relating to his office but constituting an unauthorized exercise of his official functions, knowing that such act is unauthorized; or
- He knowingly refrains from performing a duty which is imposed upon him by law or is clearly inherent in the nature of his office. - CORRECT ANSWER official misconduct What is official misconduct? - CORRECT ANSWER class A misdemeanor What is refusal to take an oath or affidavit? - CORRECT ANSWER a misdemeanor
Define: Affidavit - CORRECT ANSWER An affidavit is a signed statement, duly sworn to, by the maker thereof, before a notary public or other officer authorized to administer oaths. The venue, or county wherein the affidavit was sworn to should be accurately stated. But it is of far more importance that the affiant, the person making the affidavit, should have personally appeared before the notary and have made oath to the statements contained in the affidavit as required by law. Under the Penal Law (§210.00) the wilful making of a false affidavit is perjury, but to sustain an indictment therefor, there must have been, in some form, in the presence of an officer authorized to administer an oath, an unequivocal and present act by which the affiant consciously took upon himself the obligation of an oath; his silent delivery of a signed affidavit to the notary for his certificate, is not enough. A notary public will be removed from office for preparing and taking the oath of an affiant to a statement that the notary knew to be false. Define: Affirmation - CORRECT ANSWER A solemn declaration made by persons who conscientiously decline taking an oath; it is equivalent to an oath and is just as binding; if a person has religious or conscientious scruples against taking an oath, the notary public should have the person affirm. The following is a form of affirmation: "Do you solemnly, sincerely, and truly, declare and affirm that the statements made by you are true and correct." Define: Apostile - CORRECT ANSWER Department of State authentication attached to a notarized and county certified document for possible international use. Define: Attest - CORRECT ANSWER To witness the execution of a written instrument, at the request of the person who makes it, and subscribe the same as a witness.
Define: Attestation Clause - CORRECT ANSWER 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. Define: Authentication (Notarial)/County Clerk's Certificate - CORRECT ANSWER 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. Define: Bill of Sale - CORRECT ANSWER A written instrument given to pass title of personal property from vendor to vendee. Define: Certified Copy - CORRECT ANSWER A copy of a public record signed and certified as a true copy by the public official having custody of the original. A notary public has no authority to issue certified copies. Notaries must not certify to the authenticity of legal documents and other papers required to be filed with foreign consular officers. Within this prohibition are certificates of the following type: United States of America ) State of New York ) ss.: County of New York ) "I ..............., a notary public of the State of New York, in and for the county of .........., duly commissioned, qualified and sworn according to the laws of the State of New York, do hereby certify and declare that I verily believe the annexed instrument executed by ....... and sworn to before .........., a notary public of the State of .........., to be genuine in every respect, and that full faith and credit are and ought to be given thereto.
Define: Deponent - CORRECT ANSWER One who makes oath to a written statement. Technically, a person subscribing a deposition but used interchangeably with "Affiant." Define: Deposition - CORRECT ANSWER 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. Define: Duress - CORRECT ANSWER Unlawful constraint exercised upon a person whereby he is forced to do some act against his will. Define: Escrow - CORRECT ANSWER 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. Define: Executor - CORRECT ANSWER One named in a will to carry out the provisions of the will. Define: Ex Parte (From One Side Only) - CORRECT ANSWER A hearing or examination in the presence of, or on papers filed by, one party and in the absence of the other. Define: Felony - CORRECT ANSWER A crime punishable by death or imprisonment in a state prison. Define: Guardian - CORRECT ANSWER A person in charge of a minor's person or property.
Define: Judgment - CORRECT ANSWER Decree of a court declaring that one individual is indebted to another and fixing the amount of such indebtedness. Define: Jurat - CORRECT ANSWER A jurat is that part of an affidavit where the officer (notary public) certifies that it was sworn to before him. It is not the affidavit. The following is the form of jurat generally employed: "Sworn to before me this ........ day of ........, 20 ......" Those words placed directly after the signature in the affidavit stating that the facts therein contained were sworn to or affirmed before the officer (notary public) together with his official signature and such other data as required by § 137 of the Executive Law. Define: Laches - CORRECT ANSWER The delay or negligence in asserting one's legal rights. Define: Lease - CORRECT ANSWER 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. Define: Lien - CORRECT ANSWER A legal right or claim upon a specific property which attaches to the property until a debt is satisfied. Define: Litigation - CORRECT ANSWER The act of carrying on a lawsuit. Define: Misdemeanor - CORRECT ANSWER Any crime other than a felony.
A notary public does not fulfill his duty by merely asking a person whether the signature on a purported affidavit is his. An oath must be administered. A corporation or a partnership cannot take an oath; an oath must be taken by an individual. A notary public cannot administer an oath to himself. The privileges and rights of a notary public are personal and cannot be delegated to anyone. Define: Plaintiff - CORRECT ANSWER A person who starts a suit or brings an action against another. Define: Power of Attorney - CORRECT ANSWER A written statement by an individual giving another person the power to act for him. Define: Proof - CORRECT ANSWER 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. Define: Protest - CORRECT ANSWER 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. Define: Seal - CORRECT ANSWER The laws of the State of New York do not require the use of seals by notaries public. If a seal is used, it should sufficiently identify the notary public, his authority and jurisdiction. It is the opinion of the Department of State that the only inscription required is the name of the notary and the words "Notary Public for the State of New York."
Define: Signature of Notary Public - CORRECT ANSWER A notary public must sign the name under which he was appointed and no other. In addition to his signature and venue, the notary public shall print, typewrite or stamp beneath his signature in black ink, his name, the words "Notary Public State of New York," the name of the county in which he is qualified, and the date upon which his commission expires. When a notary marries during the term of office for which he/she was appointed, he/she may continue to use the name under which he/she was commissioned as a notary public. However, if he/she elects to use his/her marriage name, then for the balance of his/her term as a notary public he/she must continue to use the name under which he/she is commissioned in his/her signature and seal when acting in his/her notarial capacity, adding after his/her signature his/her married name, in parentheses. When renewing his/her commission as a notary public, he/she may apply under his/her married name or the name under which he/she was formerly commissioned. He/she must then perform all his/her notarial functions under the name selected. A member of a religious order, known therein by a name other than his secular cognomen, may be appointed and may officiate as a notary public under the name by which he is known in religious circles. Define: Statute - CORRECT ANSWER A law established by an act of the Legislature. Define: Statute of Frauds - CORRECT ANSWER State law which provides that certain contracts must be in writing or partially complied with, in order to be enforceable at law. Define: Statute of Limitations - CORRECT ANSWER A law that limits the time within which a criminal prosecution or a civil action must be started.
