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,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.
A laches example is when a homeowner watches their neighbor build a fence over the property line for
years, investing time and money, and then sues to have it removed; the neighbor can use the defense of
laches because the homeowner's long, unreasonable delay prejudiced them by making it harder to
defend the claim. Essentially, laches stops a plaintiff from winning a case if their excessive delay in
bringing a lawsuit harms the defendant's ability to fairly defend themselves, often because evidence is
lost or witnesses' memories fade.
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.
Bonus:
(From NYS Notary License Law)
"Equally unacceptable to the Secretary of State is the __________ administration of oaths." - Answer
*"slipshod"*
The simplest form in which an oath may be administered:
"________________________?" - 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. - Answer
An *affirmation*
*Escrow* - 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?) - 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? - Answer A will
What is *New York County* also known as? - 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. - 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? - Answer 4 years
True/False:
A notary public for New York must have their primary residence in New York - 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. -
Answer False. No illegal aliens.
What is *Kings County* also known as? - 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
... - 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* - 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) - Answer A person appointed by a court to manage the estate of a deceased
person who left no will
*Plaintiff* - Answer A person who starts a suit or brings an action against another.
True/False: