Notary Public

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"I am not an attorney licensed to practice law and may not give legal advice about immagration or any other legal matter or accept fees for legal advice."

Fees a Notary must pay

$60.00 - Appointment as Notary Public $10.00- Change of name or address, Duplicate identification card or filing certificate of official Character $5.00- issuance of certificate of official Character $3.00- Authentication certificate

Fees a Notary may charge

. $0.75, For a protest . $0.10, For an additional Protest limit of 5 . $2.00, For an oath of affirmation, Jurat, Acknowledgement, Proof of Execution of Swearing of a witness.

Types of certificates

. Acknowledgments . Proof of execution by subscribing witness . Jurat . Uniform

residency (requirements)

. Be a citizen of the United States or legal permanent resident . Resident of the State of New York . Resident of any state with an office or place of business within the State of New York . Out of state attorney admitted to practice law in the State of New York

Not eligible to become notary public under New York's executive law

. Individuals removed from the commissioner of deeds office . Anyone convicted of a felony, a less pardon . Anyone Convicted of Violating various crimes and sections of the penal and Judiciary Law

Acknowledgment or Proof Certificate required information

. Notary's signature . All the facts of the Notorial Act. . Names of each witness . Substance of the testimony of each witness examined by the Notary . Subscribing witness' place of residence.

Purposes of acknowlegement

. Promotes security of land titles . Prevents fauds in conveyancing . Furnishes proof of the due execution of conveyances . Permits the document to be given in evidence, without proof of its execution . Makes a document a recordable instrument

Not eligible to the notary public office

. Sheriff's . Anyone convicted of violating the selective service act of 1917 . Those convicted of violating the service act of 1940

Reasons why commission requirements may be waived by the Secretary of State

. practice law in New York . Court clerks who have taken a civil service exam . Applying before or within 6 months of terms expiration . Qualified US military personnel

Certificate of Acknowledgement for a conveyance required information

. venue and date of notarial act . names of the undersigned who appeared before the Notary and are subscribed in the document. .substance or details of the act. .all blank spaces and information required by law must be properly filled in.

Requirements For commissioning

.Being of good character . To have a common school education . To know the duties of a notary

Notary certificate required information

.Notarial act venue . Notaries name, signature, county of commission and commissions expiration date. . The words "Notary public, State of New York"

Protest

A Formal statement in writing by a notary public, under seal, that a certain bill of exchange or promissory note was on a certain day presented for payment, or acceptance, and that such payments or acceptance was refused

Subordination clause

A clause which permits the placing of a mortgage at a later date which takes priority over an existing mortgage

Statute of limitations

A law that limits the time with in which a criminal prosecution or a civil action must be started

Statute

A lot establish by an act of legislature

Notary public

A public officer who executes acknowledgments 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.

Oath

A verbal pledge given by the person taking it that is his or her statements are made under an immediate sense of his or her responsibility to God, who will punish the affiant if these statements are false

Power of attorney

A written statement by an individual giving another person the power to act for him or her

Within 10 days

Allowed time for lesser to notify a lessee that a Box on his or her name has been open in the presence of a notary

Mortgage on real property

An instrument in writing, duly executed and delivered that creates a lien upon real estate as security for the payment of a specified debt, which is usually in the form of a bond.

Misdemeanor

Any crime other than a felony

Non-resident

Commissioned in the county in which one does business

Resident

Commissioned in the county of residence

The Secretary of State

Commissions notaries public

Real property law

Contain status on uniform notarial certificates to be used for the acknowledgments or proof of a conveyance in respect to real property with in the State of New York

Notary certificate

Contains required wording that must be completed by a notary. It contains the facts of a notarial act

Sunday

Day on which notaries public may administer and oath or take an affidavit or acknowledgments. But may not take a deposition in a civil proceeding

apostille

Department of State authentication attached to a notarized and county certified document for possible international use.

Lessor

Entity who rents out a safety Box

Venue

Geographical place where a notary public takes an affidavits or acknowledgement

Lessee

Individual that rents a safety Box

The Constitution of the State of New York allows them to become notaries

Members of the New York legislature

Oaths and affirmations

Must be at ministered by law as required by law and in the form required by law. Slipshod administration of them are unacceptable to the Secretary of State

Uniform acknowledgement or proof certificate

Must not be used when taking an acknowledgement proof for a document that does not relate to real property located in New York

non-resident who ceases to work in a State of New York

Must vacate the office as a notary public

Signature of notary public

Name under which a notary was appointed and no other, used when signing notary certificates

Change of Name notice

Notaries must submit this form along with a non-refundable fee of $10.00 in case he or she wants to officially change their name for any reason.

Plaintiff

Person who starts a suit or brings an action against another

Notaries applying for reappointment

Receives an application from the Secretary of State's office 3 months prior to commissioners expiration date

Swear

Term that includes every mode authorized by law for administering an oath

Litigation

The act of carrying on a lawsuit

Taking an acknowledgement

The act of the notary public in obtaining satisfactory evidence of the identity of the person whose acknowledgement is taken

Taking an acknowledgement

The act of the person named in an instrument telling the notary public that he or she is the person named in the instrument and acknowledgingly that he or she executed instrument. Or, the act of the notary public in obtaining satisfactory evidence of the identity of the person who's acknowledgment is taken

New York election law allows them to become notaries

The commissioner of elections and the inspector of elections

Proof

The formal declaration made by a subscribing witness to the execution of an instrument setting forth his or her place of residence, that he or she knew the person described in and who executed the instrument and that he or she saw such person execute such instrument

seal

The laws Of the State of New York does not require its use By notaries public. However, if used, it should sufficiently identify the notary public and his or her authority and jurisdiction

Person

Under New York's real property law, term that may refer to an individual, a partnership or a corporation when it appears in an uniform certificate of acknowledgement

Certificate of Authentication

a certificate issued by the County Clerk's office that when attached to any certificate of proof, acknowledgment or jurat, authenticates the Notary's signature on a document and attests to the Notary's authority to sign at the time of the notarization.

Authentication

a certificate subjoined by a county clerk to any certificate of acknowledgement or Proof or oath signed by a notary.

lease

a contract whereby, for a consideration, usually termed rent, one who is entitled to the possession of real property transfers such right to another for life, for a term of years or at a will.

Certified Copy

a copy of public record signed and certified as a true copy by the public official having custody of the original.

Felony

a crime punishable by death or imprisonment in a state prison

acknowledgement

a formal declaration before a duly authorized officer by a person who has executed an instrument that has such execution is his or her act and deed. Or, the decoration of a person described in and who has executed a written instrument, that he or she executed the same.

ex parte

a hearing or examination in the presence of, or on papers filed by, one party and in the absence of the other.

administrator

a person appointed by the court to manage the estate of a deceased person who left no will.

guardian

a person who is in charge of a minor's person or property

affiant

a person who makes and subscribes his signature to an affidavit.

affidavit

a signed statement, duly sworn to, by the maker thereof, before a notary public or other officer authorized to administer oaths.

affirmation

a solemn declaration made by persons who consciously decline taking an oath; it is equivalent to an oath and is just as binding. It is performed if a person has religious or conscientious scruples against taking an oath.

bill of sale [B/S]

a writing instrument given to pass title of personal property from vendor to vendee.

Chattel Paper

a writing or writings which evidence both an obligation to pay money and a security interest in a lease or specific goods.

contract

an agreement between competent parties to do or not to do certain things for a legal consideration. whereby each party acquires a right to what the other possesses.

codicil (n)

an instrument made subsequent to a will and modifying it in some respects.

consideration

anything of value given to induce entering into a contract; it may be money, personal services, or even love and affection.

jurisdiction

area co-extensive with the boundaries of the state.

Contempt of Court

behavior disrespectful to a authority of court, which disrupts the execution of court orders.

Certificate of Official Character

certificate that authenticates a Notary signature and it is issued by the Secretary of State or the county clerk.

judgement

decree of a court declaring that one individual is indebted to another and fixing the amount of such indebtedness.

Will

disposition of one's property, to take effect after death

conveyance (deed)

every instrument, in writing, except a will, by which any estate or interest in real property is created, transferred, assigned or surrendered.

Appointing or Commission term

four years

affiant

individual that swears before a notary as part of a notarial act.

executing an instrument

legal term that means signing a document.

Conveyance of Real Property

must be in English or have a translation to English attached to it and the translations must be either signed and acknowledge by the author or proved by a subscribing witness or someone designated for that purpose by the county judge.

Commissioning Body

office of the Secretary of State.

executer

one named in a will to carry out the provisions of the will.

deponent

one who makes an oath to a written statement. Technically, a person subscribing a deposition but used interchangeably with "affiant."

chattel

personal property, such as household goods or fixtures

advertisement

refers to any material designed to give notice of or to promote or describe the services a Notary offers for profit, whether in print or electronic form, including business cards, brochures and notices.

Statute of frauds

state law which provides that certain contracts must be in writing or partially complied with, in order to be enforcible at law

county law

stipulates that each county clerk must designate at least one staff member to serve as a Notary Public

deposition

testimony of a witness taken out of court or other hearing proceeding, under oath or by affirmation, before a notary public or other person, officer or commissioner before whom such testimony is authorized by law to be taken, which is intended to be used at the trial or hearing.

Attestation Clause

that clause wherein witnesses certify that the instrument has been executed before them, and the manner of the execution of the same.

larches

the delay or negligence in asserting one's legal rights.

escrow

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 analterable.

jurat

the section of an affidavit where the officer (Notary Public) certifies that it was sworn to him or her. An Affidavit's certificate.

attest (v)

to witness the execution of a written instrument, at the request of the person who makes it, and subscribe the same as a witness.

duress

unlawful constraint exercised upon a person whereby he is forced to do some act against his will