review questions for NYS Notary Exam with 100% correct Answers

An affirmation is the legal equivalent of, and equally binding as: a) An oath b) An acknowledgment. c) A certification. d) An attestation. - Answer- a) An oath (An affirmation is the legal equivalent of an oath and can be used in executing affidavits, swearing in witnesses, administering an oath of office, etc.) The Secretary of State's authentication attached to a notarized and county-certified document, for possible international use, is called a(n): a) Conveyance. b) Annotation. c) Apostille. d) Codicil. - Answer- c) Apostille (The procedure for an apostille is, briefly: the constituent takes a notarized document to the county clerk where the notary is qualified. A certification is attached. The documents are then forwarded to the Secretary of State, who issues the apostille for a specific country.) 3. Which of the following is NOT necessarily part of an acknowledgment? a) Positive identification. b) Personal appearance. c) The document being signed in front of the notary. d) The document being signed willingly. - Answer- c) The document being signed in front of the notary. (A document with an acknowledgment, unlike an affidavit, may be signed by the constituent and brought to the notary, but the notary must ask, "Is this your signature?" to confirm.) Which of the following best describes the jurisdiction of a notary public? a) Nationwide. b) The State of New York. c) The county where the notary is qualified. d) The State of New York except the five boroughs of New York City. - Answer- b) The State of New York. (We may officiate anywhere within the 62 counties of New York State.) An affirmation is the legal equivalent of, and equally binding as: a) An attestation. b) An acknowledgment. c) An oath. d) A certification. - Answer- c) An oath. (An affirmation is the legal equivalent of an oath and can be used in executing affidavits, swearing in witnesses, administering an oath of office, etc.) Which of the following means the act of signing as a witness? a) Attest. b) Subscribe. c) Protest. d) Acknowledge. - Answer- a) Attest. (To attest is simply to subscribe as a witness. The act is known as attestation.) An affiant is: a) The defendant in a criminal proceeding. b) The plaintiff in a civil proceeding. c) The maker of an affidavit. d) The notary taking an affidavit. The affiant is the maker of an affidavit. He or she solemnly swears or affirms that the conditions stated in the document are true. - Answer- c) The maker of an affidavit. (The affiant is the maker of an affidavit. He or she solemnly swears or affirms that the conditions stated in the document are true.) In order to become a notary, a candidate must possess a common school education. This means he or she has completed the: a) 9th grade. b) 6th grade. c) 12th grade. d) 8th grade. - Answer- b) 6th grade. (Reading and writing at the 6th grade level or higher is required.) The term of imprisonment for a Class D Felony is how long? a) 10 years. b) 2 years. c) 1 year. d) 3 to 7 years. - Answer- d) 3 to 7 years. (For a Class D Felony: jail time not less than three years, but not to exceed seven years. An example is Forgery in the Second Degree, when a person alters a document with the intent to defraud another person.) Who is exempt from taking the New York State notary examination, but must still pay the $60 fee? a) Mayors. b) County Clerks. c) Inspectors of Elections. d) Attorneys. - Answer- d) Attorneys (Attorneys are exempt from testing requirements, but must submit their application and $60 fee.) The power to remove or suspend a notary rests with the: a) County Clerk. b) Attorney General. c) Governor. d) Secretary of State. - Answer- d) Secretary of State. The Secretary of State may remove or suspend, just as he or she appoints, notaries public in New York State What is the allowable fee for taking an acknowledgment by one person? a) $1.00. b) $2.00. c) $5.00. d) $3.00. - Answer- b) $2.00. (The allowable fee for this service is $2.00 per signature.) . How much may a notary charge for taking an affidavit sworn to by two individuals? a) $10.00. b) $4.00. c) $6.00. d) $2.00. - Answer- b) $4.00. >> CORRECT! (Two dollars multiplied by two equals $4.00.) Who appoints New York notaries? a) County Clerk. b) Secretary of State. c) Governor. d) Federal Government. - Answer- b) Secretary of State. (Notaries are appointed by the Secretary of State through the power vested in the Secretary by state law.) Notaries are authorized to take depositions in civil proceedings by a) Election Law. b) Executive Law. c) Penal Law. d) Civil Practice Law and Rules. - Answer- d) Civil Practice Law and Rules. (The correct response is "Civil Practice Law and Rules". Specifically, Rule 3113.) A non-resident New York notary may a) Not take acknowledgments on deeds to real property. b) Not administer affidavits. c) Do anything a New York resident notary may do. d) Not administer oaths of office. - Answer- c) Do anything a New York resident notary may do. (Non-resident notaries are those living outside the state who maintain a place of business within the state.) A notary may charge 75 cents for a) Executing a protest. b) Swearing in a witness. c) Signing an acknowledgment. d) Taking a deposition. - Answer- a) Executing a protest. (The fees for protesting negotiable instruments are 75 cents plus 10 cents per notice of protest, not to exceed 5 notices.) A notary vacates his office when he: a) Becomes a notary in another state. b) Is a non-resident notary moving his office from within this state to another state. c) Is a New York resident notary changing his residence to another county within the state. d) Is a non-resident notary moving his office from one county to another within the state. - Answer- b) Is a non-resident notary moving his office from within this state to another state.