NYS Notary Exam questions and answers (Graded A)

A notary at the time of appointment must be either a NYS resident or have a place of business in New York State? - Answer- TRUE - a notary must also be a united states citizen at the time of appointment. however, the department of state, division of licensing services web site adds that notary may also be a permanent resident alien of the united states A NYS resident notary public who moves out of NYS but still maintains a place of business in NYS can continue to be a notary in NYS? - Answer- TRUE - how if a non resident notary ceases to have a place of business in NYS, then he vacates his office as a notary public. In certain situations, the Secretary of State is not required to satisfy himself of certain notary public requirements of an applicant, such as education? - Answer- TRUE- example, when applicant applies less than 6 months after his term of notary has expired, or upon the application of an attorney admitted to practice in NYS, and certain court clerks The Secretary of State can remove a notary without serving a copy of the charges against him? - Answer- FALSE - the secretary of state must serve the charges and give him an opportunity to be heard. No person shall be appointed a notary who has been convicted of any misdemeanor. - Answer- FALSE- a person cannot be appointed a notary if convicted of a felony No person shall be appointed a notary public if he has been convicted unlawful possession or distribution of habit forming narcotic drugs? - Answer- TRUE - also cannot be appointed a notary if convixted of vagrancy or prostitution (unless the person was pardoned or received a certificate of good conduct from a parole board). An attorney who is a notary public who moves to another state shall be deemed a resident of the county where he maintains an office in NYS? - Answer- TRUE - this section applies to attorneys who are admitted to practice in NYS and are counselors in the courts of record in New York State. The secretary of state shall receive a fee of $20 for changing the name or address of a notary public - Answer- FALSE- the fee for changing the name or address of a notary public is $10. also, the fee for issuing a duplicate ID is also $10. Only the secretary of state may issue a certificate of official character. - Answer- FALSE- the county clerk may also issue a certificate of office The secretary of state shall collect $10 for the issuance of a certificate official character? - Answer- TRUE - the county clerk collects $10 for the filling of the certificate of official character and $5 for the issuance of a certificate of official character with seal attached A certification of a notarial signature is issued by the court? - Answer- FALSE - a certification of a notarial signature is issued by the county clerk for a fee of $3 No person removed from commissioner of deeds in New York City is eligible for reappointment as commissioner of deeds - Answer- TRUE - also not eligible for appointment as a notary public A commissioner of elections or inspector of elections is not eligible for the office of notary public. - Answer- FALSE- they are eligible for appointment as notary public No person is eligible for the office of notary public who was convicted of a violation of the selective draft act of MAY 18, 1917? - Answer- TRUE- also not eligible if convicted of a violation of the selective training and service act of 1940 There shall be at least one person in the county clerk's office who shall notarize documents for the public free of charge. - Answer- TRUE- that person shall be exempt from the notary public examination fee and application fee. A member of the legislature may not be appointed a notary public? - Answer- FALSE- a member of the legislature may be appointed a notary. A sheriff may be appointed notary public - Answer- FALSE- Sheriffs cannot hold any other office A notary public shall not notarize a paper if he has a pecuniary interest in the transaction - Answer- TRUE- such notarization would be invalid The signature and seal of the county clerk on a certificate of official character or authentication may be facsimile, printed or stamped. - Answer- TRUE- also may be photographed or engraved thereon A notary shall be not be liable to the parties injured for damages sustained by them as a result of the notary public's actions - Answer- FALSE- a notary public is liable for such damages A person not commissioned a notary public who acts as a notary public is guilty of a felony. - Answer- FALSE- such a person is guilty of a misdemeanor. also fraud in office is also a misdemeanor A notary public who is licensed as an attorney in NYS may substitute the words "attorney and counselor at law" for "notary public" - Answer- TRUE- also, in NYC all notaries must affix to each instrument their official number No official act of a notary public shall be held invalid on account of failure to comply with the provisions listed in executive law 137 - Answer- TRUE- however, if such notary willfully fails to comply, he shall be subject to disciplinary action by the secretary of state a notary public who is an employee of officer of a corporation may not take an acknowledgment of such corporation if the notary public has a financial interest in the instrument. - Answer- TRUE- also if the notary public is a director or agent of such corporation An official certificate of a notary may be valid even if his term of office had expired. - Answer- TRUE- also valid if there is a misspelling or other error made in his appointment or commission An official certificate of a notary may be valid even if there was ineligibility of the notary to be appointed or commissioned - Answer- TRUE- also may be valid if there was an omission of the notary public to take or file his official oath. An official certificate of a notary may be valid even if the notary had vacated his office by changing his residence or accepting another public office. - Answer- TRUE- also may be valid even if the action was taken outside the jurisdiction where the notary public was authorized to act The term "lien" includes every written instrument by which any estate or interest in real property is created, transferred, mortgaged or assigned. - Answer- FALSE- the definition applies to the legal term "conveyance" The term "conveyance" does not include a will or lease for a term not exceeding 3 years. - Answer- TRUE - also does not include an executor contract for the sale or purchase of lands 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 - Answer- 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. - Answer- 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 - Answer- 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 - Answer- 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 - Answer- 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. - Answer- 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? - Answer- 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 - Answer- 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? - Answer- 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. - Answer- 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 - Answer- 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 - Answer- TRUE- notaries public are expressly prohibited from drawing up wills. a notary public is not a public officer - Answer- 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 _____ - Answer- 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. - Answer- 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? - Answer- 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 - Answer- 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. - Answer- 3 years, the term is fixed by the judge For a class ___ felony, the term shall be fixed by the court and shall not exceed 7 years - Answer- D A sentence of imprisonment for a class "a" misdemeanor shall be a ___ sentence - Answer- maximum of one year of a misdemeanor A person is guilty of forgery in the __ degree when he falsely makes, completes or alters a written instrument - Answer- Second degree Forgery in the second degree is a class ___ felony - Answer- D Issuing a false certificate is a class ___ felony - Answer- E Official misconduct includes willfully committing an act relating to one's office constituting an unauthorized exercise of his official functions - Answer- TRUE- also includes refraining from performing a duty which is imposed upon him by law or is clearly inherent in the nature of his office An officer before whom an oath or affidavit may be taken is bound to administer the same when required. - Answer- TRUE- refusal to do so is a misdemeanor A person is guilty of perjury if under oath or ___ he has given false testimony - Answer- AFFIRMATION- the testimony must have been given on a material matter An ___ is formal declaration before an authorized officer by a person who has executed an instrument that such execution is his act and deed. - Answer- acknowledgement- the officer must know that the person making it is the person described and who executed the instrument It is not essential that the