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Exam (elaborations)

NYS NOTARY EXAM QUESTIONS AND CORRECT ANSWERS

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NYS NOTARY EXAM QUESTIONS AND CORRECT ANSWERS Acknowledgement or proof may be made before a justice of peace in a county containing town, village or city where he is authorized to perform duties ANSWTRUE- applies also to town councilman, village police justice or judge of court of any inferior jurisdiction Acknowledgement or proof of conveyance of real estate within NYS or of any other written instrument may be made only by a married woman. ANSWFALSE- it may be made by a single woman or a married woman A subscribing witness must state his place of residence but does not have to state that he knew or had satisfactory evidence of the identity of the person described in and how executed the instrument ANSWFALSE- the subscribing witness must state that he knew the person described in and who executed the instrument or that he has evidence that he is the same person who was subscribing witness to the conveyance.

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NYS NOTARY EXAM QUESTIONS AND
CORRECT ANSWERS

Acknowledgement or proof may be made before a justice of peace in a county containing town,
village or city where he is authorized to perform duties ANSW✅✅TRUE- applies also to town
councilman, village police justice or judge of court of any inferior jurisdiction



Acknowledgement or proof of conveyance of real estate within NYS or of any other written
instrument may be made only by a married woman. ANSW✅✅FALSE- it may be made by a single
woman or a married woman



A subscribing witness must state his place of residence but does not have to state that he knew or
had satisfactory evidence of the identity of the person described in and how executed the
instrument ANSW✅✅FALSE- the subscribing witness must state that he knew the person
described in and who executed the instrument or that he has evidence that he is the same person
who was subscribing witness to the conveyance.



A person taking the acknowledgment or proof of a conveyance must endorse thereupon or attach
certificate signed by a country clerk ANSW✅✅FALSE- the certificate must be signed by the person
taking the acknowledgment of proof



An officer who takes proof of conveyance or other instrument who is guilty of malfeasance is not
liable for damages to the person injured ANSW✅✅FALSE- he is liable for damages to the person
injured



A conveyance of real property shall not be recorded unless it is in the english language.
ANSW✅✅FALSE- may be recorded if there is attached to it an official translation proved and
authenticated in a manner required of conveyances for recording in NYS



A deposition (may/may not) be taken before a notary public in a civil proceeding? ANSW✅✅a
deposition may be taking before a notary public in a civil proceeding



Within __ days of the opening of a the safe deposit box, a copy of the notary public's certificate must
be mailed to the lessee at his last known postal address ANSW✅✅10 days also the box cannot be
opened by the lessor until 30 days after notice to the lessee

, A notary public (has/has not) authority to solemnize marriages? ANSW✅✅does not have
authority, also a notary public may not take the acknowledgement of parties and witnesses to a
written contract of marriage



The oath of a public officer (may/may not) be administered by a notary public. ANSW✅✅An oath
to an official may be administered by a notary public.



A person can act as an attorney in New York State only if admitted to practice as an attorney or
counselor in the courts of record in NYS ANSW✅✅TRUE- there is an exemption for the officers of
societies for the prevention of cruelty and certain law students.



Notaries publics are prohibited from executing wills because they would thereby be acting as an
attorney ANSW✅✅TRUE- notaries public are expressly prohibited from drawing up wills.



a notary public is not a public officer ANSW✅✅FALSE- a notary is a public officer and must not act
without having and duly filed the required oath of office



A person who acts as a notary without having taken and duly filed the required oath of office is guilty
of a _____ ANSW✅✅misdemeanor, the oath must be as prescribed by law



A public officer cannot charge a fee, except where a fee or other compensation is expressly allowed
by law. ANSW✅✅TRUE- also a public officer cannot charge more for the service than is allowed
by law



A public officer cannot receive a fee in advance of rending the service? ANSW✅✅FALSE- a public
officer can receive a fee in advance if the law allows. also, cannot charge a fee unless the service was
actually rendered by him



An officer who violates the fee provisions is liable for treble damages to the person aggrieved
ANSW✅✅TRUE- also is liable for punishment prescribed by law for the criminal offense and
removal from office



The maximum term of an indeterminate sentence shall be at least ____ years. ANSW✅✅3 years,
the term is fixed by the judge

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