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New York State Notary Public License Exam 2022 with COMPLETE SOLUTION

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Notaries public are commissioned by _____________ - The Secretary of State A/An _________ may be appointed a notary public without an examination - an *attorney* admitted to practice in New York State (bonus point: also exempt are officially appointed *Court Clerks* in the NY State court system) True/False: Non-residents of New York state who have offices or places of business in the state may also become notaries. - True. An office or place of business is sufficient. *Notary Public* (The full definition, as laid out in NY state law.) - A *public officer who executes acknowledgements of deeds or writings* in order to render them available as evidence of the facts therein contained; administers oaths and affirmation as to the truth of statements contained in papers or documents requiring the administration of an oath. *Laches* - The delay or negligence in asserting one's legal rights. The (1)_________ and (2)__________ of the notary must be filed in the office of the county clerk of the county where the notary is located, or has office or place of business - 1) *oath of office*, 2) *signature* *Affiant* - The person who makes and subscribes their signature to an affidavit. (Hint: the term 'affiant' may be used interchangeably with the word *deponent*... remember this.)

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New York State Notary Public License Exam
2022 with COMPLETE SOLUTION
Notaries public are commissioned by _____________ Correct Answer: The Secretary of State

A/An _________ may be appointed a notary public without an examination Correct Answer: an
*attorney* admitted to practice in New York State (bonus point: also exempt are officially appointed
*Court Clerks* in the NY State court system)

True/False:

Non-residents of New York state who have offices or places of business in the state may also become
notaries. Correct Answer: True.

An office or place of business is sufficient.

*Notary Public*

(The full definition, as laid out in NY state law.) Correct Answer: A *public officer who executes
acknowledgements of deeds or writings* in order to render them available as evidence of the facts
therein contained; administers oaths and affirmation as to the truth of statements contained in papers
or documents requiring the administration of an oath.

*Laches* Correct Answer: The delay or negligence in asserting one's legal rights.

The (1)_________ and (2)__________ of the notary must be filed in the office of the county clerk of the
county where the notary is located, or has office or place of business Correct Answer: 1) *oath of
office*, 2) *signature*

*Affiant* Correct Answer: The person who makes and subscribes their signature to an affidavit. (Hint:
the term 'affiant' may be used interchangeably with the word *deponent*... remember this.)

*Extra credit*, from NY State Law.
Fill in the blank:

"Use of the office of notary in other than the ___________ procedure required is viewed as a serious
offense." Correct Answer: *"specific, step-by-step"*

True/False:

A notary public is allowed to administer an oath to herself or himself under certain circumstances (by a
requesting judge in a civil trial, or at the request of the Secretary of State) Correct Answer: False.

A notary public can never administer an oath to themselves.

,True/False:

A jurat is not the affidavit. Correct Answer: True.

The jurat is the specific part of the document where the notary public certifies that the document was
sworn to before her or him in person. The key words here are: *sworn* and *in person.*

*Guardian* Correct Answer: A person in charge of a minor's person or property.

Bonus:
(From NYS Notary License Law)

"Equally unacceptable to the Secretary of State is the __________ administration of oaths." Correct
Answer: *"slipshod"*

The simplest form in which an oath may be administered:

"________________________?" Correct Answer: "Do you solemnly swear that the contents of this
affidavit subscribed by you is correct and true?"

A/An ______________ may be used for persons who conscientiously decline taking an oath. Correct
Answer: An *affirmation*

*Escrow* Correct Answer: The placing of an instrument in the hands of a person as a depository who on
the happening of a designated event, is to deliver the instrument to a third person. This agreement,
once established, should be unalterable. (Often an *attorney*, but not always)

As best you can, name the activities (involving the practice of law) that are prohibited by a notary public.

May not _______
May not ______
etc.

(How many are listed?) Correct Answer: Four things listed:

1. May not *give advice* on the law
2. May not ask for and get *legal business* to send to a lawyer
3. May not divide or agree to *divide their fees* with a lawyer
4. May not advertise or circulate in any manner that they have powers or rights *not granted by law*

What document is a notary never to acknowledge? Correct Answer: A will

What is *New York County* also known as? Correct Answer: Manhattan.

True/False:

, The Secretary of State must have notaries commissioned in every county, and no more notaries per
county than are residents of that county. Correct Answer: False. Unlimited number. There is no
restriction to the number of notaries the Secretary of State can appoint.

How long is the term of a notary public? Correct Answer: 4 years

True/False:

A notary public for New York must have their primary residence in New York Correct Answer: False. An
office or place of business is enough. Many people live in NJ or CT and commute to work in Manhattan,
for example. They still qualify because their *workplace* is in NY state.

True/False:

A notary public must be a United States citizen, or an illegal alien with court appointed guardian. Correct
Answer: False. No illegal aliens.

What is *Kings County* also known as? Correct Answer: Brooklyn.

1) What are the qualifying requirements for notary public applicant by the Secretary of State? 2) How
many requirements are there?

Must have ______
Must be _____
Have ________ etc
... Correct Answer: There are 3 qualifying requirements.

1: applicant must have good moral character
2: *common school* education (or equivalent)
3. must be familiar with duties and responsibilities of a NP

*Note that the law does not require a HS diploma or college degree.* The law simply says 'common
school education'.

*Ex Parte* Correct Answer: (Latin, means "From One Side Only".)
A hearing or examination in the presence of, or on papers filed by, one party and in the absence of the
other.

Define an "administator"
(in notary public terms) Correct Answer: A person appointed by a court to manage the estate of a
deceased person who left no will

*Plaintiff* Correct Answer: A person who starts a suit or brings an action against another.

True/False:

Official character cards are issued by the Secretary of State and are filed with a county clerk. Correct
Answer: False.
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