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2025 NYS NOTARY EXAM /ACTUAL 112 EXAM
QUESTIONS AND ANSWERS|A+GRADE ASSURED
A notary at the time of appointment must be either a NYS resident or have a place of business in New York State?
- ANS:->>-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?
- ANS:->>-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?
- ANS:->>-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? – ANS:->>-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. - ANS:->>-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?
- ANS:->>-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?
- ANS:->>-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
A commissioner of elections or inspector of elections is not eligible for the office of notary public.
- ANS:->>-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 ofthe selective draft act of MAY 18, 1917?
- ANS:->>-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.
- ANS:->>-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?
- ANS:->>-FALSE- a member of the legislature may be appointed a notary. A sheriff may be appointed notary public
- ANS:->>-FALSE- Sheriffs cannot hold any other office
A notary public shall not notarize a paper if he has a pecuniary interest in the transaction
- ANS:->>-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.
- ANS:->>-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
- ANS:->>-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 . - ANS:->>-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"
- ANS:->>-TRUE- also, in NYC all notaries must affix to each instrument their
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. - ANS:->>- 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.
- ANS:->>-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. - ANS:->>-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 - ANS:->>-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. - ANS:->>- 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
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
- ANS:->>- 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? - ANS:->>- 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. - ANS:->>-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 - ANS:->>-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 - ANS:->>-TRUE- notaries public are expressly prohibited from drawing up wills.
a notary public is not a public officer - ANS:->>-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 ofoffice is guilty of a - ANS:->>-misdemeanor, the oath must be as prescribed by law
A sentence of imprisonment for a class "a" misdemeanor shall be a sentence
- ANS:->>-maximum of one year of a misdemeanor A person is guilty of forgery in the degree when he falsely makes, completes oralters a written instrument - ANS:->>-Second degree Forgery in the second degree is a class felony - ANS:->>-D Issuing a false certificate is a class felony - ANS:->>-E Official misconduct includes willfully committing an act relating to one's office constituting an unauthorized exercise of his official functions - ANS:->>- 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. - ANS:->>-TRUE- refusal to do so is a misdemeanor A person is guilty of perjury if under oath or he has given false testimony - ANS:->>-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. - ANS:->>- acknowledgement- the officer must know that the person making it is the person described and who executed the instrument
An (attestation/apostile) is a department of state authentication attached to a notarized and county certified document for international use - ANS:->>-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. - ANS:->>- Authentication Is an the witness certify that the instrument has been executed before them, and the manner of the execution of the same. - ANS:->>-Attestation clause An is a solemn declaration made by persons who conscientiously decline taking an oath - ANS:->>-Affirmation A is a written instrument given to pass title of a personal property from vendor to vendee. - ANS:->>-bill of sale is a writing or writings which evidence both an obligation to pay money and asecurity interest in specific goods - ANS:->>-chattel paper a is an instrument made subsequent to a will and attached to the will - ANS:->>-codicil
is anything of value given to induce someone to enter into a contract - ANS:->>-consideration
his will is known as - ANS:->>-duress An is one named in a will to carry out the provision of the will - ANS:-
- 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 - ANS:->>-Ex parte A is a crime punishable by death or imprisonment over one year - ANS:->>- felony A is a person in charge of a minor's person - ANS:->>-guardian A is a decree of a court declaring that one party is indebted to another and fixingthe amount of such indebtedness - ANS:->>-judgement The appoints and commissions notaries public in New York State. - ANS:->>-Secretary of State 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
The jurisdiction of notaries public is - ANS:->>-New York State Notaries public are appointed for years - ANS:->>- 4 years
