New York Notary 2023 Practice Exam #1 Questions and Answers

1. Which of the following statements is not correct? A. Fee for notary public commission is $60. B. The Secretary of State commissions notaries public. C. The term of a notary public commission is 2 years. D. Notary public examinations are scheduled throughout NYS. - Answer- C. The term of a notary public commission is 2 years. Executive Law 130. The term is 4 years. 2. Notaries are commissioned in ___________. A. their city of residence. B. the city where they are employed. C. their county of residence. D. their town or village of residence. - Answer- C. their county of residence Executive Law 131 3. Which choice is not correct? Generally, no person shall be appointed as a notary public who has been convicted of ______. A. a misdemeanor. B. a felony. C. a crime. D. lawful entry into a building. - Answer- D. lawful entry into a building. Executive Law 130 4. The _______ or the county clerk where commission is filed may certify as to the official character of the notary. A. Secretary of State B. County Judge C. Supervising Judge D. None of the above. - Answer- A. Secretary of State Executive Law 132 5. A notary public who is removed from office and then executes any instrument as a notary public is guilty of a ______. A. Violation B. Petty offense C. Misdemeanor D. Felony - Answer- C. Misdemeanor Executive Law 140 6. Which of the following is not eligible for the office of notary public? A. Commissioner of elections B. Sheriff C. Member of the legislature D. Inspector of Elections - Answer- B. Sheriff NYS Constitution, Article 13, Sect. 13(a) 7. Generally, the fee for an oath or affirmation is: A. $2 B. $4 C. $5 D. $10 - Answer- A. $2 Executive Law 136 8. The signature and seal of a county clerk upon a certificate of official character of a notary public may be: 1. facsimile 2. printed 3. stamped 4. photographed or engraved thereon A. Only 1, 2 and 3 are correct. B. Only 2 and 3 are correct. C. 1,2,3 and 4 are all correct. D. Only 3 is Correct. - Answer- C. 1,2,3 and 4 are all correct. Executive Law 134 9. Which of the following is not correct? A NYS notary public is: A. not authorized to practice law. B. not authorized to administer an oath to himself. C. not authorized to administer oaths and affirmations. D. authorized to receive and certify acknowledgments. - Answer- C. not authorized to administer oaths and affirmations. Executive Law 135. Notaries public ARE authorized to administer oaths and affirmations. 10. A notary public who is an attorney at law admitted to practice in NYS may: 1. administer oath or affirmation to his client. 2. take the affidavit or acknowledgment of his client. A. Both 1 and 2 or not correct. B. Only 1 is correct. C. Only 2 is correct. D. Both 1 and 2 are correct. - Answer- D. Both 1 and 2 are correct. Executive Law 135. He may do so in any matter, claim, action or proceeding. 11. A person who holds himself out to be a notary public but is not, or a notary public who commits fraud or deceit in the performance of his duties, is guilty of _________. A. a petty offense B. a misdemeanor C. a felony D. None of the above - Answer- B. a misdemeanor Executive Law 135-a (a misdemeanor) 12. The term "conveyance" includes written instruments by which any estate or interest in _________ property is created, transferred, mortgaged, or assigned. 1. personal 2. real A. Only 1 is correct. B. Only 2 is correct. C. Neither 1 nor 2 is correct. D. Both 1 and 2 are correct. - Answer- B. Only 2 is correct. Real Property Law 290 13. An officer authorized to take the acknowledgement or proof of a conveyance who is guilty of fraudulent practice or malfeasance in the execution of any duty prescribed by law in relation to it is ________. A. guilty of a petty offense. B. liable for statutory fine of $150.00. C. liable in damages to the person injured. D. None of the above. - Answer- C. liable in damages to the person injured. Real Property Law 330 (liable in damages to the person injured). 14. When the lessor (bank) of a safe deposit box opens the safe deposit box in front of a notary public (pursuant to Banking Law 335), the notary shall file with the lessor a certificate under seal which contains: 1. date of opening of the safe deposit box. 2. the name of the lessee. 3. a list (inventory) of the contents. A. 1 only B. 1 and 2 only C. 1, 2 and 3 D. 3 only - Answer- C. 1, 2 and 3 Banking Law 335 (1, 2, and 3) Also, within 10 days of opening of safe deposit box, copy of certificate must be mailed to lessee at his last known postal address 15. The rule which authorizes a deposition to be taken before a notary public in a civil proceeding is found in: A. Criminal Procedure Law B. NYS Administrative Code. C. Family Court Act. D. Civil Practice Law and Rules - Answer- D. Civil Practice Law and Rules Civil Practice Law and Rules 16. Which of the following statements is correct? A. A notary public may in certain situations practice law. B. A notary public may prepare a will. C. A notary public shall not practice law. D. None of the above. - Answer- C. A notary public shall not practice law. Judiciary Law 484 17. A notary public subjects himself to the following for asking or receiving more than the statutory allowance for administering an oath in connection with an affidavit. 1. criminal prosecution