NY NOTARY EXAM QUESTIONS AND
ANSWERS WITH COMPLETE
SOLUTIONS 100% CORRECT!!!
Question 1: Criminal Liability for Willful Refusal
If an active New York Notary Public willfully and unlawfully refuses to
perform a notarial act (such as executing an affidavit) for a constituent who
requests mobile services, presents proper ID, and tenders the legal fee, what is
the maximum statutory jail sentence the notary could face?
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 an appointed
public officer. Willfully refusing to perform a mandatory duty requested by a
member of the public constitutes Official Misconduct under NYS Penal Law §
195.00. This offense is classified as a Class A Misdemeanor, which carries a
maximum fixed jail sentence of one year.
Question 2: 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 is unable to appear before a notary, a subscribing witness
who observed the execution may swear an oath to the notary instead. The resulting
notarial wording is formally called a Proof of Execution by a Subscribing
Witness Certificate, or simply a Proof Certificate.
Question 3: Core Statutory Qualifications
Which of the following elements is a mandated statutory requirement to be
appointed and commissioned as a Notary Public in the State of New York?
A. Attainment of at least 18 years of age at the time of application
B. Possession of at least a common school education (8th-grade literacy
equivalent)
C. Holding status as a legal New York resident, or an out-of-state resident
with a physical place of business in NY
D. All of the above
✔✔ Answer: D. All the above
Legal Rationale: According to the New York State Executive Law, all three
conditions are strict prerequisites for commission. An applicant must meet the age
floor (18), the basic educational benchmark (common school level), and the
residency or local employment standard to legally operate as an NYS public
officer.
4) If a Notary moves to another state but still works in NYS he/she:
A) Will pay an additional $15 out of state fee
B) No longer is qualified
C) Must get NY driver's license
D) Still is a qualified non-resident-resident". -ANSWER ✔✔D) Still is a qualified
non-resident-resident".
, 5) Which of the following are errors a notary can make that will not make the
foregoing instrument get unrecorded?
A) If the Notary Public was purporting to be a notary but was not licensed.
B) If the Notary Public commission was expired.
C) If a New York Notary notarizes in another state.
D) All the above. -ANSWER ✔✔D) All the above.
6) If your neighbor you know asks you to notarize an affidavit you must?
A) Administer an Oath of office.
B) Administer an Oath & fill out the Jurat.
C) Require a government issued, photo identification.
D) Do a Protest for Non Payment certificate. -ANSWER ✔✔B) Administer an
Oath & fill out the Jurat.
7) What is the name of the location where the Notary notarizes something?
A) Protest for non-payment
B) Venue.
C) Affidavit
D) Mobile Notary -ANSWER ✔✔B) Venue.
8) Which of the following activities may a non-attorney Notary perform?
A) Explain to people what they are signing.
B) Make a certified original certificate on a government document photocopy.
C) Contracts of marriage within NY State borders.
D) Administer an oath of office for a military officer. -ANSWER ✔✔D)
Administer an oath of office for a military officer.
ANSWERS WITH COMPLETE
SOLUTIONS 100% CORRECT!!!
Question 1: Criminal Liability for Willful Refusal
If an active New York Notary Public willfully and unlawfully refuses to
perform a notarial act (such as executing an affidavit) for a constituent who
requests mobile services, presents proper ID, and tenders the legal fee, what is
the maximum statutory jail sentence the notary could face?
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 an appointed
public officer. Willfully refusing to perform a mandatory duty requested by a
member of the public constitutes Official Misconduct under NYS Penal Law §
195.00. This offense is classified as a Class A Misdemeanor, which carries a
maximum fixed jail sentence of one year.
Question 2: 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 is unable to appear before a notary, a subscribing witness
who observed the execution may swear an oath to the notary instead. The resulting
notarial wording is formally called a Proof of Execution by a Subscribing
Witness Certificate, or simply a Proof Certificate.
Question 3: Core Statutory Qualifications
Which of the following elements is a mandated statutory requirement to be
appointed and commissioned as a Notary Public in the State of New York?
A. Attainment of at least 18 years of age at the time of application
B. Possession of at least a common school education (8th-grade literacy
equivalent)
C. Holding status as a legal New York resident, or an out-of-state resident
with a physical place of business in NY
D. All of the above
✔✔ Answer: D. All the above
Legal Rationale: According to the New York State Executive Law, all three
conditions are strict prerequisites for commission. An applicant must meet the age
floor (18), the basic educational benchmark (common school level), and the
residency or local employment standard to legally operate as an NYS public
officer.
4) If a Notary moves to another state but still works in NYS he/she:
A) Will pay an additional $15 out of state fee
B) No longer is qualified
C) Must get NY driver's license
D) Still is a qualified non-resident-resident". -ANSWER ✔✔D) Still is a qualified
non-resident-resident".
, 5) Which of the following are errors a notary can make that will not make the
foregoing instrument get unrecorded?
A) If the Notary Public was purporting to be a notary but was not licensed.
B) If the Notary Public commission was expired.
C) If a New York Notary notarizes in another state.
D) All the above. -ANSWER ✔✔D) All the above.
6) If your neighbor you know asks you to notarize an affidavit you must?
A) Administer an Oath of office.
B) Administer an Oath & fill out the Jurat.
C) Require a government issued, photo identification.
D) Do a Protest for Non Payment certificate. -ANSWER ✔✔B) Administer an
Oath & fill out the Jurat.
7) What is the name of the location where the Notary notarizes something?
A) Protest for non-payment
B) Venue.
C) Affidavit
D) Mobile Notary -ANSWER ✔✔B) Venue.
8) Which of the following activities may a non-attorney Notary perform?
A) Explain to people what they are signing.
B) Make a certified original certificate on a government document photocopy.
C) Contracts of marriage within NY State borders.
D) Administer an oath of office for a military officer. -ANSWER ✔✔D)
Administer an oath of office for a military officer.
