Notaries public are commissioned by - The Secretary of State
A/An may be appointed a notary public without an examination - an
*attorney* admitted to practice in New York State (bonus point: also exempt are
officially
appointed *Court Clerks* in the NY State court system)
True/False:
Non-residents of New York state who have offices or places of business in
the state may also become notaries. - True.
An office or place of business is sufficient.
*Notary Public*
(The full definition, as laid out in NY state law.) - A *public officer who
executes acknowledgements 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.
*Laches* - The delay or negligence in asserting one's legal rights.
The (1)and (2)of the notary must be filed in the office of the
county clerk of the county where the notary is located, or has office or place of
business
- 1) *oath of office*, 2) *signature*
*Affiant* - The person who makes and subscribes their signature to an
affidavit. (Hint: the term 'affiant' may be used interchangeably with the
word *deponent*... remember this.)
*Extra credit*, from NY State
Law. Fill in the blank:
"Use of the office of notary in other than the procedure required is
viewed as a serious offense." - *"specific, step-by-step"*
True/False:
,A notary public is allowed to administer an oath to herself or himself under
certain circumstances (by a requesting judge in a civil trial, or at the request of
the Secretary of State) - False.
A notary public can never administer an oath to themselves.
True/False:
A jurat is not the affidavit. - True.
The jurat is the specific part of the document where the notary public
certifies that the document was sworn to before her or him in person. The
key words here are: *sworn* and *in person.*
*Guardian* - A person in charge of a minor's person or property.
Bonus:
(From NYS Notary License Law)
"Equally unacceptable to the Secretary of State is the administration
of oaths." - *"slipshod"*
The simplest form in which an oath may be administered:
"?" - "Do you solemnly swear that the contents of this
affidavit subscribed by you is correct and true?"
A/An may be used for persons who conscientiously decline
taking an oath. - An *affirmation*
*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, should be
unalterable. (Often an *attorney*, but not always)
As best you can, name the activities (involving the practice of law) that are
prohibited by
a notary public.
May not
May not
etc.
(How many are listed?) - Four things listed:
1. May not *give advice* on the law
2. May not ask for and get *legal business* to send to a lawyer
, 3. May not divide or agree to *divide their fees* with a lawyer
4. May not advertise or circulate in any manner that they have powers or
rights *not granted by law*
What document is a notary never to acknowledge? - A will
What is *New York County* also known as? - Manhattan.
True/False:
The Secretary of State must have notaries commissioned in every county, and
no more notaries per county than are residents of that county. - False.
Unlimited number. There is no restriction to the number of notaries the
Secretary of State can appoint.
How long is the term of a notary public? - 4 years
True/False:
A notary public for New York must have their primary residence in New York -
False. An office or place of business is enough. Many people live in NJ or CT
and commute to work in Manhattan, for example. They still qualify because
their *workplace* is in NY state.
True/False:
A notary public must be a United States citizen, or an illegal alien with court
appointed guardian. - False. No illegal aliens.
What is *Kings County* also known as? - Brooklyn.
1) What are the qualifying requirements for notary public applicant by the
Secretary of State? 2) How many requirements are there?
Must have
Must be
Have
etc
... - There are 3 qualifying requirements.
1: applicant must have good moral
character 2: *common school*
education (or equivalent)
3. must be familiar with duties and responsibilities of a NP
*Note that the law does not require a HS diploma or college degree.* The law
simply says 'common school education'.
*Ex Parte* - (Latin, means "From One Side Only".)