QUESTIONS WITH SOLUTIONS GRADED A+
✔✔A notary public who is licensed as an attorney in NYS may substitute the words
"attorney and counselor at law" for "notary public" - ✔✔TRUE- also, in NYC all notaries
must affix to each instrument their official number
✔✔No official act of a notary public shall be held invalid on account of failure to comply
with the provisions listed in executive law 137 - ✔✔TRUE- however, if such notary
willfully fails to comply, he shall be subject to disciplinary action by the secretary of state
✔✔a notary public who is an employee of officer of a corporation may not take an
acknowledgment of such corporation if the notary public has a financial interest in the
instrument. - ✔✔TRUE- also if the notary public is a director or agent of such
corporation
✔✔An official certificate of a notary may be valid even if his term of office had expired. -
✔✔TRUE- also valid if there is a misspelling or other error made in his appointment or
commission
✔✔An official certificate of a notary may be valid even if there was ineligibility of the
notary to be appointed or commissioned - ✔✔TRUE- also may be valid if there was an
omission of the notary public to take or file his official oath.
✔✔An official certificate of a notary may be valid even if the notary had vacated his
office by changing his residence or accepting another public office. - ✔✔TRUE- also
may be valid even if the action was taken outside the jurisdiction where the notary
public was authorized to act
✔✔The term "lien" includes every written instrument by which any estate or interest in
real property is created, transferred, mortgaged or assigned. - ✔✔FALSE- the definition
applies to the legal term "conveyance"
✔✔The term "conveyance" does not include a will or lease for a term not exceeding 3
years. - ✔✔TRUE - also does not include an executor contract for the sale or purchase
of lands
✔✔Acknowledgement or proof may be made before a justice of peace in a county
containing town, village or city where he is authorized to perform duties - ✔✔TRUE-
applies also to town councilman, village police justice or judge of court of any inferior
jurisdiction
, ✔✔Acknowledgement or proof of conveyance of real estate within NYS or of any other
written instrument may be made only by a married woman. - ✔✔FALSE- it may be
made by a single woman or a married woman
✔✔A subscribing witness must state his place of residence but does not have to state
that he knew or had satisfactory evidence of the identity of the person described in and
how executed the instrument - ✔✔FALSE- the subscribing witness must state that he
knew the person described in and who executed the instrument or that he has evidence
that he is the same person who was subscribing witness to the conveyance.
✔✔A person taking the acknowledgment or proof of a conveyance must endorse
thereupon or attach certificate signed by a country clerk - ✔✔FALSE- the certificate
must be signed by the person taking the acknowledgment of proof
✔✔An officer who takes proof of conveyance or other instrument who is guilty of
malfeasance is not liable for damages to the person injured - ✔✔FALSE- he is liable for
damages to the person injured
✔✔A conveyance of real property shall not be recorded unless it is in the english
language. - ✔✔FALSE- may be recorded if there is attached to it an official translation
proved and authenticated in a manner required of conveyances for recording in NYS
✔✔A deposition (may/may not) be taken before a notary public in a civil proceeding? -
✔✔a deposition may be taking before a notary public in a civil proceeding
✔✔Within __ days of the opening of a the safe deposit box, a copy of the notary public's
certificate must be mailed to the lessee at his last known postal address - ✔✔10 days
also the box cannot be opened by the lessor until 30 days after notice to the lessee
✔✔A notary public (has/has not) authority to solemnize marriages? - ✔✔does not have
authority, also a notary public may not take the acknowledgement of parties and
witnesses to a written contract of marriage
✔✔The oath of a public officer (may/may not) be administered by a notary public. -
✔✔An oath to an official may be administered by a notary public.
✔✔A person can act as an attorney in New York State only if admitted to practice as an
attorney or counselor in the courts of record in NYS - ✔✔TRUE- there is an exemption
for the officers of societies for the prevention of cruelty and certain law students.
✔✔Notaries publics are prohibited from executing wills because they would thereby be
acting as an attorney - ✔✔TRUE- notaries public are expressly prohibited from drawing
up wills.