NYS NOTARY EXAM STUDY CARDS
QUESTIONS AND ANSWERS WITH
COMPLETE SOLUTIONS 100%
CORRECT RATED A+
Question 1: Willful Refusal to Notarize
If a Notary Public willfully and unlawfully refuses to notarize an affidavit
presented to them (even during mobile/traveling services), what is the
potential maximum jail sentence they could face under New York law?
A. One month
B. Three months
C. Six months
D. One year
✔✔ Answer: D. One Year
Legal Rationale: Under New York State law, a notary public is a public officer.
Refusing to perform a duty mandated by law (such as administering an oath/jurat
on an affidavit for a citizen who presents valid identification and pays the legal
fee) constitutes Official Misconduct under NYS Penal Law § 195.00. This offense
is prosecuted as a Class A Misdemeanor, which carries a maximum jail sentence
of one year.
Question 2: Witnessing Real Estate Conveyance
What is the specific legal term for the notary certificate executed when a
witness (rather than the principal party) signs a document to prove that a real
estate conveyance took place?
A. Qualified resident certificate
B. Official Character certificate
C. Proof certificate
D. None of the above
✔✔ Answer: C. Proof certificate
, Legal Rationale: Under New York Real Property Law, if a principal signer cannot
physically appear before a notary to acknowledge a deed or conveyance, a
subscribing witness who watched them sign can appear instead. The notary then
administers an oath to this witness and executes a Proof of Execution by a
Subscribing Witness Certificate (commonly referred to simply as a Proof
Certificate).
Question 3: Core NYS Notary Qualifications
Which of the following represents a legal requirement to qualify for an
appointment as a Notary Public in the State of New York?
A. Be at least 18 years of age
B. Have at least a common school education
C. Be an NYS resident, or a qualified out-of-state resident with an NYS
business office
D. All of the above
✔✔ Answer: D. All the above
Legal Rationale: Under NYS Executive Law, all three elements are statutory
prerequisites. An applicant must be at least 18 years old, possess the equivalent of
an 8th-grade / "common school" level of education, and either live in New York or
work for/own an active business physically operating inside New York boundaries.
Question 4: Relocating Out of State
If an officially commissioned NYS resident notary public moves their primary
residence to another state but continues to work or maintain a place of
business in New York, they:
A. Will pay an additional $15 out-of-state processing fee
B. Are no longer qualified to act as a notary public
C. Must obtain a New York State driver's license
D. Remain fully qualified as a "non-resident resident" notary
✔✔ Answer: D. Still is a qualified non-resident-resident
QUESTIONS AND ANSWERS WITH
COMPLETE SOLUTIONS 100%
CORRECT RATED A+
Question 1: Willful Refusal to Notarize
If a Notary Public willfully and unlawfully refuses to notarize an affidavit
presented to them (even during mobile/traveling services), what is the
potential maximum jail sentence they could face under New York law?
A. One month
B. Three months
C. Six months
D. One year
✔✔ Answer: D. One Year
Legal Rationale: Under New York State law, a notary public is a public officer.
Refusing to perform a duty mandated by law (such as administering an oath/jurat
on an affidavit for a citizen who presents valid identification and pays the legal
fee) constitutes Official Misconduct under NYS Penal Law § 195.00. This offense
is prosecuted as a Class A Misdemeanor, which carries a maximum jail sentence
of one year.
Question 2: Witnessing Real Estate Conveyance
What is the specific legal term for the notary certificate executed when a
witness (rather than the principal party) signs a document to prove that a real
estate conveyance took place?
A. Qualified resident certificate
B. Official Character certificate
C. Proof certificate
D. None of the above
✔✔ Answer: C. Proof certificate
, Legal Rationale: Under New York Real Property Law, if a principal signer cannot
physically appear before a notary to acknowledge a deed or conveyance, a
subscribing witness who watched them sign can appear instead. The notary then
administers an oath to this witness and executes a Proof of Execution by a
Subscribing Witness Certificate (commonly referred to simply as a Proof
Certificate).
Question 3: Core NYS Notary Qualifications
Which of the following represents a legal requirement to qualify for an
appointment as a Notary Public in the State of New York?
A. Be at least 18 years of age
B. Have at least a common school education
C. Be an NYS resident, or a qualified out-of-state resident with an NYS
business office
D. All of the above
✔✔ Answer: D. All the above
Legal Rationale: Under NYS Executive Law, all three elements are statutory
prerequisites. An applicant must be at least 18 years old, possess the equivalent of
an 8th-grade / "common school" level of education, and either live in New York or
work for/own an active business physically operating inside New York boundaries.
Question 4: Relocating Out of State
If an officially commissioned NYS resident notary public moves their primary
residence to another state but continues to work or maintain a place of
business in New York, they:
A. Will pay an additional $15 out-of-state processing fee
B. Are no longer qualified to act as a notary public
C. Must obtain a New York State driver's license
D. Remain fully qualified as a "non-resident resident" notary
✔✔ Answer: D. Still is a qualified non-resident-resident
