NYS Notary Public License law questions with answers. Rated A+ Document Content and Description Below

NYS Notary Public License law questions with answers. Rated A+ Document Content and Description Below The simplest form in which an oath may be lawfully administered - "Do you solemnly swear that the contents of this (affadavit) subscribed by you is correct and true?" (Bookman v. City of New Yor k) The simplest form in which an affirmation may be lawfully administered - "Do you solemnly, sincerely and truly declare and affirm that the statements made by you are true & correct?" Define " conveyence" - Every written instrument, by which any estate or interest in real property is created, transferred, mortaged or assigned, or by which the title to any real property may be affected. Acknowledgement or proof of a conveyence of real property within the state may be made before: (4 examples) - 1. A justice of the supreme court 2. An official examiner of title 3. An official referee 4. A notary public The acknowledgement or proof of conveyance of real property within the district the officer is authorized to perform may be made before : (5 examples) - 1. A judge or clerk of any court of record. 2. A comissioner of deeds (NYC) 3. The Mayor or recorder of a city 4. A surrogate, special surrogate, or special county judge 5. The county clerk or other recording officer of a county Requirements of "Proof by a subscribing witness" - 1. Witness must state residence 2. Witness must state he knew the person described in and who executed the conveyence 3. Positive identification must be provided or the officer must know the subscribing witness personally Define "Apostille" - A certificate attached to a notarized and county clerk-certified document. It is a certification by the Secretary of State that the attached certification by the County Clerk is bonafide. Routinely involved with matters involving the filing of documents with another nation. Matter of Flynn 142 Misc.7 - A notary public is warned against taking the acknowledgement of a will in this case because it may be potentially misleading to the general public. Causing the notary to look as if acting as a lawyer. Define " Statute of Frauds" - A law which requires certain contracts to be in writing in order to be legally enforceable. The legally required recitation by a notary before taking an acknowledgement: - "Do you acknowledge that this is your signature and that you freely and willfully executed thid document for the purposed contained in it?" The sentence of imprisonment for a class a misdemeanor shall not exceed: - 1 year A public servant is guilty of official misconduct when: - with intent to obtain a benefit or deprive a benefit from another person he (1) committs an act relating to his office, but constituting and unauthorized exercise of his official functions, or (2) refrains from performing a duty imposed apon him by law. Official misconduct is classified as a: - Class a misdemeanor Within ------ days of such change a change of address must be communicated in writing to the department of state - 5 days A notary public who, in the performance of their duties pratices any fraud or deciet is guilty of a _________, and may be removed from office. - Fraud and deciet are considered misdemeanor. The notary may be removed from office if the notary made a misstatement of a material fact in his application or for taking an oath of a affiant to a statement that the notary knew was false. One who acts as a notary before taking their oath of office is guilty of a ______________. -