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NYS NOTARY EXAM 2025 | ALL QUESTIONS
AND CORRECT ANSWERS (GRADED A+) |
VERIFIED ANSWERS | LATEST VERSION |
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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
Can a notary public take an acknowledgment to a legal instrument to which the notary is a party in interest? ---------CORRECT ANSWER----------------- no Define: Administrator ---------CORRECT ANSWER-----------------A person appointed by the court to manage the estate of a deceased person who left no will. Define: Affiant ---------CORRECT ANSWER-----------------The person who makes and subscribes his signature to an affidavit. 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
Define: Contempt of Court ---------CORRECT ANSWER----------------- Behavior disrespectful of the authority of a court which disrupts the execution of court orders. Define: Contract ---------CORRECT ANSWER-----------------An agreement between competent parties to do or not to do certain things for a legal consideration, whereby each party acquires a right to what the other possesses. Define: Conveyance (Deed) ---------CORRECT ANSWER----------------- Every instrument, in writing, except a will, by which any estate or interest in real property is created, transferred, assigned or surrendered. 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:
Define: Notary Public ---------CORRECT ANSWER-----------------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. The notary's general authority is defined in §135 of the Executive Law; the notary has certain other powers which can be found in the various provisions of law set forth earlier in this publication. Define: Oath ---------CORRECT ANSWER-----------------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. Notaries public must administer oaths and affirmations in manner and form as prescribed by the Civil Practice Law and Rules, namely: An oath or affirmation shall be administered in a form calculated to awaken the conscience and impress the mind of the person taking it in accordance with his religious or ethical beliefs. An oath must be administered as required by law. The person taking the oath must personally appear before the notary; an oath cannot be administered over the telephone and the oath must be administered in the form required by the statute When an oath is administered the person taking the oath must express assent to the oath repeated by the notary by the words "I do" or some other words of like meaning. For an oath or affirmation to be valid, whatever form is adopted, it is necessary that: first, the person swearing or affirming must personally be in the presence of the notary public; secondly, that the person unequivocally swears or affirms that what he states is true; thirdly, that he swears or affirms as of that time; and, lastly, that the person conscientiously takes upon himself the obligation of an oath. 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: Statute of Limitations ---------CORRECT ANSWER-----------------A law that limits the time within which a criminal prosecution or a civil action must be started. Define: Subordination Clause ---------CORRECT ANSWER-----------------A clause which permits the placing of a mortgage at a later date which takes priority over an existing mortgage. Define: Sunday ---------CORRECT ANSWER-----------------A notary public may administer an oath or take an affidavit or acknowledgment on Sunday. However, a deposition cannot be taken on Sunday in a civil proceeding. Define: Swear ---------CORRECT ANSWER-----------------This term includes every mode authorized by law for administering an oath. Define: Taking an Acknowledgment ---------CORRECT ANSWER-------------- ---The act of the person named in an instrument telling the notary public that he is the person named in the instrument and acknowledging that he executed such instrument; also includes the act of the notary public in obtaining satisfactory evidence of the identity of the person whose acknowledgment is taken. The notary public "certifies to the taking of the acknowledgment" when the notary signs his official signature to the form setting forth the fact of the taking of the acknowledgment. Define: Venue ---------CORRECT ANSWER-----------------The geographical place where a notary public takes an affidavit or acknowledgment. Every affidavit or certificate of acknowledgment should show on its face the venue of the notarial act. The venue is usually set
forth at the beginning of the instrument or at the top of the notary's jurat, or official certification, as follows: "State of New York, County of (New York) ss.:". Section 137 of the Executive Law imposes the duty on the notary public to include the venue of his act in all certificates of acknowledgments or jurats to affidavits. 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; 2. 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 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-----------------$10 to the Sec. of state or $5 to the county clerk What is the fee for a certificate of proof or acknowledgment of oath signed by a notary from the county clerk? ---------CORRECT ANSWER----------------
- $ Can someone who has been removed from office as a commissioner of deeds for NYC be eligible to be appointed as a notary? ---------CORRECT ANSWER-----------------No. What is some who has been removed from office as a commissioner of deeds for NYC guilty of if he notarizes anything? ---------CORRECT ANSWER-----------------A misdemeanor. Is a commissioner of elections or inspector of elections eligible to be a notary? ---------CORRECT ANSWER-----------------Yes
Is someone who violates the draft act eligible to be a notary? --------- CORRECT ANSWER-----------------No. Can a member of the legislature be a notary? ---------CORRECT ANSWER- ----------------Yes Can a sheriff be a notary? ---------CORRECT ANSWER-----------------No How can a notary be disqualified from notarizing something? --------- CORRECT ANSWER-----------------If he has an interest in the case, i.e. if the notary is a party to or directly and pecuniarily interested in the transaction Can a signature and seal of a county clerk upon a certificate of official character of a notary public or the signature of a county clerk upon a certificate of authentication of the signature and acts of a notary public or commissioner of deeds be a facsimile, printed, stamped, photographed or engraved thereon? ---------CORRECT ANSWER-----------------Yes 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
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-----------------
- 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 May a notary who is a stockholder, director, officer or employee of a corporation take the acknowledgment or proof of a written instrument by or to a corporation of which he is a stockholder, director, officer or employee, if the notary be a party executing such instrument, either individually or as representative of such corporation, or shall a notary public protest any negotiable instruments owned or held for collection by such corporation, if
such notary public be individually a party to such instrument, or have a financial interest in the subject of same? ---------CORRECT ANSWER-------- ---------No What must a notary have before taking an acknowledgement? --------- CORRECT ANSWER-----------------Satisfactory evidence of the person's identity What is the uniform form of certificates of acknowledgement of proof? ------- --CORRECT ANSWER-----------------State of New York ) ) ss.: County of....... ) 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.) A certificate for a proof of execution by a subscribing witness of a conveyance or other instrument made by any person in respect to real property situate in this state, must conform substantially with what form? --- ------CORRECT ANSWER-----------------State of New York ) ) ss.: 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
