NYS Notary Public License Exam 2023
Notaries public are commissioned by _____________. - Answer- Secretary of State
An applicant's original application and $60 fee is sent to the _____________. - Answer- Division of Licensing Services.
The Notaries public applications' oath of office must be _____________. - Answer- sworn and notarized
The Secretary of State forwards the Notary Public commission, original oath of office and signature to _______________. - Answer- county clerk
Who maintains a record of commission and signature upon approval of an applicant for Notary Public? - Answer- county clerk
Who can authenticate the signature of the notary and attest to the authority to sign? - Answer- county clerk
What may notaries who expect to sign documents regularly in counties other than that of their residence elect to file? - Answer- certificate of official character
Where are attorneys/non-residents who maintain an office within the state but do not live in the State deemed residents of? - Answer- county of office
Where must the oath of office and signature of the notary be filed? - Answer- in the county clerk's office of the county of practice
The practice of taking acknowledgments and affidavits over the telephone is ___________________. - Answer- illegal
The slipshod administration of oaths is ________________. - Answer- unacceptable (to the Secretary of State)
The simplest form in which an oath may be lawfully administered is: - Answer- 1. Do you
solemnly swear that the contents of this affidavit subscribed by you is correct and true?
2. Do you solemnly, sincerely and truly declare and affirm that the atwtements made by you are true and correct?
Prohibited practices of law by notaries public subject the notary public to __________________. - Answer- removal from office by the Secretary of State, possible imprisonment, fine, or both.
Prohibited practices of law by a notary are: - Answer- 1. Giving advice on the law 2. Asking for and getting legal business to send to a lawyer from whom he receives any money/consideration
3. Dividing legal fees with a lawyer
4. Advertising or circulating any ad with rights not given to the notary.
A notary public is cautioned not to/has no authority to execute an acknowledgment of the execution of a _______________. - Answer- will, marriage
Why shouldn't notaries public execute an acknowledgment of execution of a will? - Answer- It cannot be deemed equivalent to an attestation clause accompanying a will. It
is also an invasion of the legal profession.
A nonresident with no office or place of business in this state does what? - Answer- vacates office
A resident of NYS that moves out of the state and does not retain an office or place of business in state does what? - Answer- vacates office
A non-resident who does not maintain an office in NYS who accepts the office of notary public does what? - Answer- appoints the Secretary of State to serve upon his behalf
Unless an attorney, the Secretary of State shall satisfy himself that the applicant is - Answer- 1. of good moral character
2. has the equivalent of a common school education
3. is familiar with the duties and responsibilities of a notary public
The notary public must apply for reappointment within how long of expiration to waive qualifying requirements by the Secretary of State? - Answer- 6 months
The notary public who is enlisted in the armed forces must apply for reappointment within how long of expiration and military discharge (not dishonorable) to waive qualifying requirements by the Secretary of State? - Answer- 1 year
Who may suspend or remove any notary from office for misconduct? - Answer- Secretary of State
What must be done before a Secretary of State can suspend or remove a notary from office for misconduct? - Answer- The notary public must be served with a copy of the charges and have an opportunity to be heard.
Can a person be appointed as a notary public if they have been convicted of a crime? - Answer- Yes (if the Secretary of State finds the convictions do not constitute a bar to appointment, e.g. by obtaining an executive pardon, a certificate of relief from disabilities, or a certificate of good conduct from the parole board)
Notaries public are commissioned by _____________. - Answer- Secretary of State
An applicant's original application and $60 fee is sent to the _____________. - Answer- Division of Licensing Services.
The Notaries public applications' oath of office must be _____________. - Answer- sworn and notarized
The Secretary of State forwards the Notary Public commission, original oath of office and signature to _______________. - Answer- county clerk
Who maintains a record of commission and signature upon approval of an applicant for Notary Public? - Answer- county clerk
Who can authenticate the signature of the notary and attest to the authority to sign? - Answer- county clerk
What may notaries who expect to sign documents regularly in counties other than that of their residence elect to file? - Answer- certificate of official character
Where are attorneys/non-residents who maintain an office within the state but do not live in the State deemed residents of? - Answer- county of office
Where must the oath of office and signature of the notary be filed? - Answer- in the county clerk's office of the county of practice
The practice of taking acknowledgments and affidavits over the telephone is ___________________. - Answer- illegal
The slipshod administration of oaths is ________________. - Answer- unacceptable (to the Secretary of State)
The simplest form in which an oath may be lawfully administered is: - Answer- 1. Do you
solemnly swear that the contents of this affidavit subscribed by you is correct and true?
2. Do you solemnly, sincerely and truly declare and affirm that the atwtements made by you are true and correct?
Prohibited practices of law by notaries public subject the notary public to __________________. - Answer- removal from office by the Secretary of State, possible imprisonment, fine, or both.
Prohibited practices of law by a notary are: - Answer- 1. Giving advice on the law 2. Asking for and getting legal business to send to a lawyer from whom he receives any money/consideration
3. Dividing legal fees with a lawyer
4. Advertising or circulating any ad with rights not given to the notary.
A notary public is cautioned not to/has no authority to execute an acknowledgment of the execution of a _______________. - Answer- will, marriage
Why shouldn't notaries public execute an acknowledgment of execution of a will? - Answer- It cannot be deemed equivalent to an attestation clause accompanying a will. It
is also an invasion of the legal profession.
A nonresident with no office or place of business in this state does what? - Answer- vacates office
A resident of NYS that moves out of the state and does not retain an office or place of business in state does what? - Answer- vacates office
A non-resident who does not maintain an office in NYS who accepts the office of notary public does what? - Answer- appoints the Secretary of State to serve upon his behalf
Unless an attorney, the Secretary of State shall satisfy himself that the applicant is - Answer- 1. of good moral character
2. has the equivalent of a common school education
3. is familiar with the duties and responsibilities of a notary public
The notary public must apply for reappointment within how long of expiration to waive qualifying requirements by the Secretary of State? - Answer- 6 months
The notary public who is enlisted in the armed forces must apply for reappointment within how long of expiration and military discharge (not dishonorable) to waive qualifying requirements by the Secretary of State? - Answer- 1 year
Who may suspend or remove any notary from office for misconduct? - Answer- Secretary of State
What must be done before a Secretary of State can suspend or remove a notary from office for misconduct? - Answer- The notary public must be served with a copy of the charges and have an opportunity to be heard.
Can a person be appointed as a notary public if they have been convicted of a crime? - Answer- Yes (if the Secretary of State finds the convictions do not constitute a bar to appointment, e.g. by obtaining an executive pardon, a certificate of relief from disabilities, or a certificate of good conduct from the parole board)
