NYS NOTARY QUESTIONS AND
ANSWERS WITH COMPLETE
SOLUTIONS 100% CORRECT!!!
Question 1: Real Estate Witness Documentation
What is the specific legal term for the official notarial certificate used when a
subscribing witness (rather than the principal party) appears before a notary
to confirm that a real estate deed or conveyance was properly signed?
A. Qualified resident certificate
B. Certificate of Official Character
C. Proof certificate
D. None of the above
✔✔ Answer: C. Proof certificate
Legal Rationale: Under New York Real Property Law, when the principal signer
of a real estate document cannot physically appear before a notary, a subscribing
witness who observed the execution may swear an oath to the notary instead. The
resulting certificate is formally called a Proof of Execution by a Subscribing
Witness Certificate, commonly shortened to a Proof Certificate.
Question 2: Statutory Validation of Flawed Notarial Acts
Under New York law, which of the following represents a technical error or
defect by a notary that will NOT automatically invalidate a property
conveyance or cause the document to be rejected for public recording?
A. The individual was acting as a notary public but was not actually
licensed.
B. The notary public's official commission had already expired at the time of
execution.
C. A commissioned New York notary mistakenly performed the notarization
outside of their lawful state jurisdiction.
D. All the above.
, ✔✔ Answer: D. All the above
Legal Rationale: According to New York Executive Law § 142-a (Validity of
Acts of Notaries Public), the validity of a property instrument and its eligibility to
be recorded are legally protected from being voided by certain technical defects.
While doing these things is highly illegal for the notary and still carries strict
criminal liability, the instrument itself remains valid and recordable for the
protection of innocent third parties.
Question 3: Lawful Authority of Non-Attorney Notaries
Which of the following professional actions is a non-attorney Notary Public
legally permitted to perform under New York State law?
A. Explaining the legal meaning, consequences, or terms of a document to a
signer.
B. Attesting to and creating a "certified true copy" of a photocopied
government document.
C. Solemnizing and executing contracts of marriage within state borders.
D. Administering an official oath of office for a military officer.
✔✔ Answer: D. Administering an oath of office for a military officer
Legal Rationale:
Why D is correct: Administering public oaths of office falls strictly within
the standard legal powers of any commissioned New York notary.
Why the others are wrong: Explaining legal documents to clients
constitutes the Unauthorized Practice of Law (UPL). New York notaries
are strictly forbidden from certifying photocopies of public records or
government documents, and only specific judges, clergy, or public officials
(not standard notaries) have the power to solemnize marriages in NY
What is a New York State Notary Public conflict of interest?
A) Knowing the affiant personally.
B) When you like somebody.
ANSWERS WITH COMPLETE
SOLUTIONS 100% CORRECT!!!
Question 1: Real Estate Witness Documentation
What is the specific legal term for the official notarial certificate used when a
subscribing witness (rather than the principal party) appears before a notary
to confirm that a real estate deed or conveyance was properly signed?
A. Qualified resident certificate
B. Certificate of Official Character
C. Proof certificate
D. None of the above
✔✔ Answer: C. Proof certificate
Legal Rationale: Under New York Real Property Law, when the principal signer
of a real estate document cannot physically appear before a notary, a subscribing
witness who observed the execution may swear an oath to the notary instead. The
resulting certificate is formally called a Proof of Execution by a Subscribing
Witness Certificate, commonly shortened to a Proof Certificate.
Question 2: Statutory Validation of Flawed Notarial Acts
Under New York law, which of the following represents a technical error or
defect by a notary that will NOT automatically invalidate a property
conveyance or cause the document to be rejected for public recording?
A. The individual was acting as a notary public but was not actually
licensed.
B. The notary public's official commission had already expired at the time of
execution.
C. A commissioned New York notary mistakenly performed the notarization
outside of their lawful state jurisdiction.
D. All the above.
, ✔✔ Answer: D. All the above
Legal Rationale: According to New York Executive Law § 142-a (Validity of
Acts of Notaries Public), the validity of a property instrument and its eligibility to
be recorded are legally protected from being voided by certain technical defects.
While doing these things is highly illegal for the notary and still carries strict
criminal liability, the instrument itself remains valid and recordable for the
protection of innocent third parties.
Question 3: Lawful Authority of Non-Attorney Notaries
Which of the following professional actions is a non-attorney Notary Public
legally permitted to perform under New York State law?
A. Explaining the legal meaning, consequences, or terms of a document to a
signer.
B. Attesting to and creating a "certified true copy" of a photocopied
government document.
C. Solemnizing and executing contracts of marriage within state borders.
D. Administering an official oath of office for a military officer.
✔✔ Answer: D. Administering an oath of office for a military officer
Legal Rationale:
Why D is correct: Administering public oaths of office falls strictly within
the standard legal powers of any commissioned New York notary.
Why the others are wrong: Explaining legal documents to clients
constitutes the Unauthorized Practice of Law (UPL). New York notaries
are strictly forbidden from certifying photocopies of public records or
government documents, and only specific judges, clergy, or public officials
(not standard notaries) have the power to solemnize marriages in NY
What is a New York State Notary Public conflict of interest?
A) Knowing the affiant personally.
B) When you like somebody.
