NYS Notary Exam questions with Correct and Verified Answers. Graded A+

NYS Notary Exam questions with Correct and Verified 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? - Correct 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" "No person removed from commissioner of deeds in New York City is eligible for reappointment as commissioner of deeds - Correct 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. - Correct 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? - Correct 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. - Correct 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? - Correct Answer FALSE- a member of the legislature may be appointed a notary." "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? - Correct 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? - Correct 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? - Correct 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. - Correct 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? - Correct 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? - Correct 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 - Correct 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. - Correct 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? - Correct 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? - Correct Answer FALSE - a certification of a notarial signature is issued by the county clerk for a fee of $3" "A sheriff may be appointed notary public - Correct 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 - Correct 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. - Correct 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 - Correct 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. - Correct 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" - Correct 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 - Correct 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. - Correct 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. - Correct 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 - Correct 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. - Correct 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. - Correct Answer FALSE- the definition applies to the legal term "conveyance"" "A notary public (should/should not) take an acknowledgement to a legal instrument to which the notary is a party in interest. - Correct Answer should not" "An (administrator/affiant) is a person appointed by the court to manage the estate of a deceased person who left no will. - Correct Answer administrator" "a (statute/affidavit) is a signed statement, duly sworn, before a notary public or other officer authorized to administer oaths. - Correct Answer affidavit" "An (attestation/apostile) is a department of state authentication attached to a notarized and county certified document for international use - Correct Answer Apostile" "An (authentication/affirmation) is a certificate attached by a county clerk to a certificate of proof or acknowledgment or oath signed by a notary. - Correct Answer Authentication" "The term "conveyance" does not include a will or lease for a term not exceeding 3 years. - Correct 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 - Correct 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. - Correct 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 - Correct 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 - Correct 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 - Correct 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. - Correct 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? - Correct 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 - Correct 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? - Correct 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. - Correct 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 - Correct 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 - Correct Answer TRUE- notaries public are expressly prohibited from drawing up wills." "a notary public is not a public officer - Correct 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 _____ - Correct 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. - Correct 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? - Correct 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 - Correct 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. - Correct 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 - Correct Answer D" "A sentence of imprisonment for a class "a" misdemeanor shall be a ___ sentence - Correct 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 - Correct Answer Second degree" "Forgery in the second degree is a class ___ felony - Correct Answer D" "Issuing a false certificate is a class ___ felony - Correct Answer E" "Official misconduct includes willfully committing an act relating to one's office constituting an unauthorized exercise of his official functions - Correct 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. - Correct Answer TRUE- refusal to do so is a misdemeanor" "A person is guilty of perjury if under oath or ___ he has given false testimony - Correct 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. - Correct 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 person who executed the instrument sign his name in the presence of the notary. - Correct Answer TRUE- however, taking acknowledgements over the phone is illegal" "A notary who takes an acknowledgment over the telephone is guilty of a _____. - Correct Answer misdemeanor" "Unless the person who makes the acknowledgment appears in front of the notary, the notary's certificate that he so came is _____. - Correct Answer Fraudulent" "Making a false certificate is forgery in the _____ degree - Correct Answer Second" "Is an _____ the witness certify that the instrument has been executed before them, and the manner of the execution of the same. - Correct Answer Attestation clause" "An ___ is a solemn declaration made by persons who conscientiously decline taking an oath - Correct Answer Affirmation" "A ______ is a written instrument given to pass title of a personal property from vendor to vendee. - Correct Answer bill of sale" "____ is a writing or writings which evidence both an obligation to pay money and a security interest in specific goods - Correct Answer chattel paper" "a __ is an instrument made subsequent to a will and attached to the will - Correct Answer codicil" "___ is anything of value given to induce someone to enter into a contract - Correct Answer consideration" "a ___ is a copy of a public record signed and certified as true copy by the public official having custody of the original. - Correct Answer certified copy" "Behavior that is disrespectful of the authority of a court which disrupts the execution of court orders is known as _____ - Correct Answer contempt of court" "A ___ is an agreement between competent parties to do or not do certain things for legal consideration. - Correct Answer contract" "Generally, every instrument (except a will) by which any estate or interest in real property is created, transferred, assigned or surrendered is known as - Correct Answer conveyance" "Another term for County clerk's certificate is ___ - Correct Answer authentication" "A _____ is one who makes an oath to a written statement - Correct Answer deponent" "A __ is the testimony of a witness taken out of court, before a notary or other person. - Correct Answer deposition" "Constraint exercised upon a person whereby he is forced to do some act against his will is known as - Correct Answer duress" "_____ is the placing of an instrument in the hands of a person as a depository who on the happening of an event must deliver it to a third person. - Correct Answer escrow" "An ___ is one named in a will to carry out the provision of the will - Correct Answer executor" "____ means to do a hearing or examination in the presence of, or on papers filed by, one party in the absence of the other - Correct Answer Ex parte" "A __ is a crime punishable by death or imprisonment over one year - Correct Answer felony" "A __ is a person in charge of a minor's person - Correct Answer guardian" "A ___ is a decree of a court declaring that one party is indebted to another and fixing the amount of such indebtedness - Correct Answer judgement" "The ___ appoints and commissions notaries public in New York State. - Correct Answer Secretary of State" "The jurisdiction of notaries public is ______ - Correct Answer New York State" "Notaries public are appointed for ___ years - Correct Answer 4 years" "Applications for notaries public are as prescribed by - Correct Answer the secretary of state" "Attorneys and __ are exempt from taking the notary public exam - Correct Answer certain court clerks" "Applicants for notary public must have the equivalent of a ___ school education - Correct Answer common school" "The ___ may suspend or remove a notary public from office - Correct Answer Secretary of state" "A person convicted of a ___ cannot be appointed a notary public. - Correct Answer felony" "A person convicted of unlawfully possessing or distributing habit forming narcotic drugs (can/cannot) be appoint a notary public - Correct Answer cannot" "A person sought to be removed as a notary public must be served a copy of the charges - Correct Answer true" "An oath of ___ shall be submitted to the secretary of state with the application for notary public. - Correct Answer office" "The fee for notary public appointment is __ - Correct Answer $60" "The notary public identification card contains the appointee's name, address, county and ______ - Correct Answer commission term" "The secretary of state must send $20 fee to the _____ by the 10th day of the following month - Correct Answer county clerk" "The ___ makes an index of commissions and official signatures transmitted by the county clerk. - Correct Answer secretary of state" "The __ issues reappointment commissions to notaries public - Correct Answer county clerk" "the ___ shall receive a fee of $60 from each applicant for reappointment - Correct Answer county clerk" "The county clerk shall transmit to the secretary of state ____ from the fee for reappointment - Correct Answer $40" "Generally, the secretary of state shall receive a non refundable fee of __ for changing the name or address of a notary. - Correct Answer $10" "The secretary of state may issue a duplicate identification card for a fee of _____ - Correct Answer $10" "A person convicted of a violation of the selective draft act of the US (is/is not) eligible for appointment as notary public? - Correct Answer is not" "Each county clerk shall designate at least __ of his staff to act as notary public to notarize documents during business hours at no charge - Correct Answer one" "A sheriff (may/may not) hold another office? - Correct Answer may not" "A member of the legislature (may/may not) be appointed a notary public - Correct Answer may" "The county clerk where the notary commission is filed or the __ may certify as to the official character of such notary public - Correct Answer secretary of state" "The secretary of state shall collect for a certificate of official character issued by him the sum of $____ - Correct Answer $10" "The county clerk charges a fee of $__ to file a certificate of official character - Correct Answer $10"