LICENSE EXAM | ALL CURRENT EXAM
VERSIONS WITH STUDY GUIDE |
ACCURATE REAL EXAM QUESTIONS AND
ANSWERS
When can a N.P. re-apply for commission without re-testing? - ANSWER>>1. Up
until 6 months from expiration date. 2. Up until 1 year after miltary discharge. 3.
When the renewal is mailed to the N.P. reminding that expiration date is in 3
months.
Who is appointed to accept process service on the behalf of the N.P. who is a
non- resident? - ANSWER>>Secretary of State.
Can an N.P. be denied re-appointment at time of renewal...even if in excellent,
good standing? - ANSWER>>Yes..in any case the appointment is at the complete
discretion of the Secretary of State.
What are the general N.P. eligibility requirements... although not limited to
these? - ANSWER>>1. US Citizen 2. Reside or have a place of business in the
state. 3. Common school education 4. No felony convictions 5. 18 years old
Does N.P. Receive an ID or license? - ANSWER>>Yes... Receives an ID card within
2 weeks of Secretary of State receipt of passed exam with fee and application
What is the term for the N.P. Commission? - ANSWER>>4 years
Who issues the N.P. ID/license - ANSWER>>Secretary of State
,How does the N.P. Renew his license and when? - ANSWER>>Approx. 3 months
prior to the expiration a renewal application is posted to the NP... Which must be
completed and returned with the $60 fee to the County Clerk
What does a NP do? - ANSWER>>1. Administer oaths/affirmations. 2. Take
affidavits & depositions. 3. Receive/certify acknowledgement, deeds, mortgages,
power of attorney. 4. Demand/acceptance or payment of foreign & inland bills of
exchange, promissory notes &a obligations in writing protesting the same for
non-payment.
What happens when a NP moves out of state and does not at least retain an
office address within the state? - ANSWER>>By doing so he vacates his
office/commission.
What are 4 examples of activities involving the practice of law which are
prohibited for the NP & can result in the removal from office, possible
imprisonment or both? - ANSWER>>1. Giving advice on law, drawing papers or
any legal documents recognized by the courts. 2. Asking or getting legal
business to give to a lawyer and getting paid. 3. Notary service in wills. 4. Doing
anything that infers you can give advice like advertising
Of the 2 simplest forms of oath.. What is required for both? -
ANSWER>>Oath/Affirmation: 1. Person whose oath is being taken must be in the
presence of authorized office (NP) to administer it. 2. It must be an unequivocal
& present act by which the affiant consciously takes upon himself the obligation
of oath.
,Notaries public are commissioned by _____________ - ANSWER>>The Secretary of
State
A/An _________ may be appointed a notary public without an examination -
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. - ANSWER>>True.
An office or place of business is sufficient.
*Notary Public*
(The full definition, as laid out in NY state law.) - 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* - 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 - ANSWER>>1) *oath of office*, 2) *signature*
, *Affiant* - 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." - 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) - ANSWER>>False.
A notary public can never administer an oath to themselves.
True/False:
A jurat is not the affidavit. - 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* - ANSWER>>A person in charge of a minor's person or property.