Notary Public

(B)

... forth his place of residence, that he knew the person described in and who executed the instrument and that he saw such person execute such instrument is called: (A) attestation (B) proof (C) either A or B (D) neither A nor B

(A)

A certificate of official character is issued when a notary public wants to practice: (A) in other counties of the state (B) in foreign countries (C) as a justice of the peace (D) in other states

(C)

A certified copy is a copy of a public record signed and certified as a true copy by the public official having the custody of the original. A notary public: (A) has the authority to issue certified copies. (B) may only issue certified copies with the court's permission. (C) has no authority to issue certified copies. (D) none of the above.

(A)

A contract is a(n): (A) 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. (B) agreement between two parties only to do or not to do certain things for any purpose whatsoever. (C) agreement whereby one party does something and the other party pays cash therefor. (D) none of the above.

(D)

A copy of a public record signed and certified as a true copy by the public official having custody of the original is called: (A) chattel (B) codicil (C) bill of sale (D) certified copy

(D)

A county clerk shall be entitled to which of the following fees for the insurance of a certificate of official character: (A) $0.25 (B) $0.75 (C) $2.00 (D) $5.00

(C)

A crime is a: (A) felony (B) misdemeanor (C) either A or B (D) neither A nor B

(C)

A deed which trasfers title will not be recorded unless it is: (A) notarized (B) signed by the grantor (C) both A and B (D) neither A nor B

(D)

A deponent is one who: (A) is a witness to the signing of a document. (B) the person who starts a suit or brings an action against another. (C) is named in a will to carry out the provisions of the will. (D) makes an oath to a written statement.

(D)

A formal declaration before a duly authorized officer by a person who has executed an instrument that such execution is his act and deed is called a(n): (A) affidavit (B) attestation (C) codicil (D) acknowledgment

(A)

A jurat is that part of an _____ where the notary public certifies that is was sworn to before him. (A) affidavit (B) acknowledgment (C) either A or B (D) neither A nor B

(C)

A law that limits the time within which a criminal prosecution or a civil action must be started is called: (A) statute of frauds (B) statute of Elizabeth (C) statute of limitations (D) none of the above

(D)

A notary may take an affidavit over the telephone: (A) if he is personally acquainted with the individual making the affidavit. (B) if the notary knew the individual for more than five years. (C) both A and B. (D) never.

(B)

A notary may: (A) give limited advice on the law (B) not give advice on the law (C) may give advice on the law if she shares an office with an attorney (D) none of the above

(B)

A notary public ______ authority to issue certified copies of public records. (A) has (B) has no (C) may sometimes have (D) none of the above

(C)

A notary public does not have the authority to do which of the following? (A) administering oaths (B) administering affirmations (C) taking acknowledgments of parties and witnesses to a written contract of marriage. (D) administering oaths to members of the legislature.

(B)

A notary public is a public officer. The Public Officer Law provides that a person ______ execute any of the functions of a public officer without having taken and duly filed the required oath of office. (A) may (B) may not (C) may with permission of the court (D) none of the above

(D)

A notary public may acknowledge a conveyance: (A) as long as one of the parties to the conveyance signs it in the notary's presence. (B) without the presence of any party to the conveyance. (C) only if all the parties to the conveyance are present and sign in the notary's presence. (D) none of the above.

(C)

A notary public may administer an oath or take an affidavit or acknowledgment on a Sunday. However in a civil proceeding, a ______ cannot be taken on a Sunday. (A) protest (B) power of attorney (C) deposition (D) none of the above

(B)

A notary public may administer an oath: (A) only during regular business hours. (B) any time of day or night. (C) Monday through Friday only. (D) after normal business hours, but only with permission from the court.

(C)

A notary public may be removed from office if the notary: (A) made a misstatement of a material fact in his application for appointment. (B) prepares or takes an oath of an affiant to a statement that the notary knew to be false or fraudulent. (C) either A or B. (D) niether A nor B.

(C)

A notary public may examine a person before swearing him to see if he understands the _____ of an oath. (A) meaning (B) nature (C) both A and B (D) neither A nor B

(A)

A notary public may not make any acknowledgment to a: (A) will (B) conveyance (C) a lease for less than three years (D) written instument

(B)

A notary public may recommend a friend to retain the services of a particular lawyer if: (A) she is paid by the lawyer for doing so. (B) she is not paid by the lawyer for doing so. (C) she knows the lawyer for five or more years only. (D) none of the above.

(C)

A notary public shall be entitled to which of the following fees for taking any certifying the acknowledgment or proof of execution of a written instrument by one person, taking an oath or affirmation, or swearing a witness? (A) $0.25 (B) $0.75 (C) $2.00 (D) $5.00

(A)

A notary public who is a resident of New York state and moves out of the state and who does not retain an office or place of business in this state: (A) shall vacate his office as a notary public. (B) may retain his office by opening one in another state. (C) automatically transfers his appointment to any state where he moves. (D) none of the above.

(B)

A notary public who is an attorney at law regularly admitted to practice in this state, may, in her discretion, administer an oath or affirmation to or take the addidavit or acknowledgment of her clientin respect of: (A) only matters pertaining to official state business. (B) any matter, claim, action or proceeding. (C) only matters pertaining to litigation before the court. (D) none of the above.

(B)

A notary public who shares an office with a lawyer: (A) may divide his fees with the lawyer. (B) may not divide his fees with the lawyer. (C) may accept a part of a lawyer's fee on referred legal business. (D) none of the above.

(A)

A notary public: (A) must sign the name under which she was appointed and no other (B) may sign either her maiden name or married name if she marries during the term of her office (C) must sign the name that she is currently known as (D) none of the above

(D)

A notary who is guilty of official misconduct is subject to: (A) imprisonment (B) personal liability (C) removal (D) any of the above

(C)

A notary whose commission expires may apply for re-appointment as a notary public within how long a period without having to re-qualify for the appointment? (A) 30 days (B) 60 days (C) six months (D) no period of time, once an appointment has expired, the notary must re-qualify by taking the state examination and applying for the appointment.

(D)

A notary whose commission has already expired may still act while awaiting to renew his appointment during how long a period of time? (A) 30 Days (B) 60 Days (C) six months (D) no period of time once an appointment has expired, a notary public may not act until her renewal has been received.

(D)

A person is guilty of ___________ when with intent to defraud, deceive or injure another, he falsely makes, completes or alters a written instrument which is or purports to be, or which is calculated to become or to represent if completed a deed, will, codicil, contract, assignment, commercial instrument, public record or a written instrument officially issued or created by a public office, public servant or governmental instrumentality. (A) class A misdemeanor (B) class B forgery (C) class A felony (D) forgery in the second degree

(D)

A person who has been removed from office as a comissioner of deeds for the city of New York shall be eligible to be re-appointed as such commissioner or for the appointment as a notary public: (A) after the expiration of one year (B) after the expiration of two years (C) after the expiration of three years (D) never

(B)

A person who holds himself out to the public as being entitled to act as a notary public without having first been appointed as one is guilty of a: (A) felony (B) misdemeanor (C) violation (D) none of the above

(B)

A person who unlawfully practices law may be guilty of a: (A) felony (B) misdemeanor (C) violation (D) none of the above

(A)

A power of attorney is a: (A) written statement by an individual giving another person the power to act for him. (B) what empowers an attorney to act in the state. (C) used solely for executing wills. (D) none of the above.

(B)

A protest is 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 payment or acceptance was refused. A notary public shall be entitled to which the following fees for the protest of a note of commercial paper? (A) $0.25 (B) $0.75 (C) $2.00 (D) $5.00

(D)

Affidavits are: (A) necessary to consummate every real estate transaction. (B) may be used in lieu of a deed for recording purposes. (C) the testimony of witnesses taken out of court or other heading proceeding under oath or affirmation. (D) signed statements duly sworn to, by the maker thereof, before a notary public or other officer authorized to administer oaths.

(A)

An administrator is: (A) a person appointed by the court to manage the estate of a deceased person who died intestate. (B) a person who heads a company that only hires notary publics. (C) another term for judge (D) none of the above

(B)

An affirmation is a solemn declaration made by persons who: (A) wish to make an oath less binding than one sworn to on a bible. (B) decline to take an oath. (C) are merely witnesses to an affidavit. (D) none of the above.

(A)

An instrument in writing duly executed and delivered that creates a lein upon real estate as a security for the payment of a specified debt is called a: (A) mortgage on real property (B) mortgage on personal property (C) lease (D) none of the above

(B)

As listed in the New York State Notary Public License Law booklet "definitions and general terms "a felon is: (A) a crime punishable by less than one year imprisonment (B) a crime punishable by death or imprisonment in a state prison (C) a violation of federal law only (D) none of the above

(B)

Attorneys who wish to obtain appointment as a notary public may do so: (A) only upon taking the state examination and applying for the appointment. (B) by applying for the appointment without state examination. (C) without applying to the state. (D) none of these.

(C)

Depositions are: (A) necessary to consummate every real estate transaction. (B) may be used in lieu of a deed for recording purposes. (C) the testimony of witnesses taken out of court or other hearing proceeding, under oath or affirmation. (D) signed statements duly sworn to, by the maker thereof, before a notary public or other officer authorized to administer oaths.

(C)

For administering an oath or affirmation, and certifying the same when required, except where another fee is specifically prescribed by statue, a notary may charge up to: (A) $0.25 (B) $1.00 (C) $2.00 (D) $5.00

(D)

If a person is not personally known to the notary public and does not have satisfactory proof of identity, the notary: (A) may acknowledge the signature of the person. (B) may acknowledge the signature of the person only if a reputable witness is present. (C) may charge a higher fee for acknowledgment. (D) must refuse to acknowledge the signature of the person.

(A)

If the notary has a ______ interest in the transaction, the person is not capable of acting in that case. (A) pecuniary (B) disinterested (C) unrelated (D) exccutory

(C)

If the rental fee of any safe deposit box is not paid, or after the termaination of the lease for such box, and at least _____ days after giving proper notice to the lessee, the lessor (bank) may, in the presence of a notary public, open the safe deposit box, remove and inventory of the contents. (A) 10 days (B) 15 days (C) 30 days (D) 60 days

(C)

In order to be a notary public in New York Statue: (A) one must reside in New York. (B) one must have a place of business in New York. (C) either A or B. (D) neither A nor B.

(A)

In the case of an ________, the notary public certifies as to the identity and execution of a document; the ________ involves the administration of an oath to the affiant. (A) acknowledgment, affidavit (B) affidavit, acknowledgment

(B)

Judgment is defined as: (A) a judge's order in criminal cases only. (B) a decree of a court declaring that one individual is indebted to another and fixing the amount of such indebtedness. (C) the decision of my court when there is a settlement agreement. (D) none of the above.

(A)

Laches is: (A) the delay or negligence is asserting one's legal rights. (B) an added section to a legal document. (C) the legal term to describe the staple on legal documents. (D) none of the above.

(D)

No person shall be appointed as a notary public who has been convicted in this state or any other state or territory, of a felony or any of the following offenses. (A) illegally using, carrying or possessing a pistol. (B) making or possessing burglar's instruments. (C) buying, receiving or criminally possessing stolen property. (D) any of the above.

(E)

Notaries may draw which of the following kinds of legal papers? (A) wills (B) deeds (C) contracts (D) mortgages (E) none of the above

(B)

Notaties Public must administer oaths and affirmations in manner and form as prescribed by the: (A) Executive law (B) CPLR (C) both A and B (D) neither A nor B

(C)

The acknowledgment of a conveyance or other instrument by a corporation, may be made by: (A) an officer of the corporation (B) an attorney duly appointed by the corporation. (C) either A or B (D) neither A nor B

(B)

The affiant is the person: (A) acknowledges the affidavit (B) makes and subscribes her signature to an affidavit (C) both A and B (D) neither A nor B

(C)

The application fee for all applicants for the notary public appointment is: (A) $25.00 (B) $30.00 (C) $60.00 (D) $100.00

(D)

The appointment of a notary shall be for a term of? (A) 1 year (B) 2 years (C) 3 years (D) 4 years

(C)

The county clerk of a county in whose office any notary public has qualified or has filed his autograph signature and a certificate of his official character, shall, when so requested and upon payment of a fee of ______ affix to any certificate of proof or acknowledgment or oath signed by such notary, a certificate under his hand and seal stating that a comission or a certificate of his official character has been filed in his office. (A) $1.00 (B) $2.00 (C) $3.00 (D) $5.00

(B)

The laws of the State of New York ______ the use of seals by notaries public. (A) require (B) do not require (C) prohibit (D) nove of the above

(C)

The legal right or claim upon a specific property which attaches to the property until the debt is satisfied is called a: (A) promissory note (B) jurat (C) lien (D) none of the above

(B)

The notary is expected to advise persons coming before her as to the law concerning the papers they present for her certification. This statement is: (A) true (B) false

(A)

The sentence of imprisonment for a class A misdemeanor is fixed by the court and shall not exceed: (A) one year (B) two years (C) four years (D) seven years

(D)

The sentence of imprisonment for a class D felony is fixed by the court and shall not exceed: (A) one year (B) two years (C) four years (D) seven years

(A)

The state law which provides that certain contracts must be in writing or partially complied with in order to be enforceable at law is called the: (A) statue of frauds (B) statue of Elizabeth (C) statue of limitations (D) none of the above

(A)

The words "Sworn to me this ______ day of ______ 19__" constitutes a simply form of: (A) jurat (B) escrow (C) ex parle (D) judgment

(A)

There must be at least _____ notary public(s) available to notarize documents for the public in each county clerk's office during normal business hours free of charge. (A) one (B) two (C) three (D) four

(A)

Though a person may be eligible to hold the office of a notary, the person may be disqualified if: (A) the notary is party to or directly and pecuniarily interested in the transaction. (B) the notary is related to any party in the transaction. (C) the notary owns property near the conveyed property deed to be acknowledged. (D) none of the above.

(C)

Though the notary public is a public official, he is not considered a: (A) member of the police (B) elected officer (C) either A or B (D) neither A nor B

(D)

To whom may a notary public administer an oath? (A) a stranger (B) a relative (C) a public official (D) any of the above

(C)

What is the name given to the geographical place where a notary public takes an affidavit or acknowledgment? (A) locale (B) borough (C) venue (D) none of the above

(A)

When a notary is guilty of any misconduct, the injured party can bring action for damages against: (A) the notary. (B) the affiant only. (C) the secretary of state. (D) none of the above.

(D)

When a notary must leave her office temporarily, she may: (A) deputize any other capable person to substitue for her. (B) deputize only another person in her office who has witnessed her work as a notary public. (C) deputize another person in her office only if they are over 21 years of age. (D) none of the above.

(B)

When a notary public acknowledges a conveyance, he: (A) makes certain that the two parties have made an equitable agreement. (B) may do so at any place within the state. (C) does not have to verify that the person making it is the person described in and who executed the instrument. (D) none of the above.

(B)

When a notary public affixes her seal and signature to a false conveyance that was the subject of a fraud, she: (A) has no liability as to the person defrauded. (B) could be sued by the person who was defrauded. (C) is only subject to liability for an amount over $100,000. (D) none of the above.

(A)

When a notary public asks for and gets legal business to send to a lawyer or lawyers with whom he has any business connection or from whom he receives any money or other consideration for sending them the business, he is: (A) committing a serious offense (B) acting reasonably and prudently (C) not violating any rule or regulation (D) permitted to do so if he has a written agreement

(C)

When a person has religious scruples against taking an oath, she can substitute a(n): (A) apostile (B) attestation (C) affirmation (D) none of the above

(A)

When a person is convicted of a violation of the selective draft act or amendments thereto: (A) he is ineligible for the office of notary public (B) he is eligible for the office of notary public (C) he is eligible for office as a "qualified" notary public (D) none of the above

(C)

When a woman notary marries during the term of office for which she was appointed and is renewing her commission as a notary public: (A) she must apply under her maiden name as that was the name underwhich she was originally appointed. (B) she must apply under her married name because her new status is married. (C) she may apply under her married name or her maiden name. (D) none of the above.

(A)

When administering an affidavit, the notary must actually: (A) require the affiant to take an oral oath. (B) certify the identity and execution of a document. (C) both A and B. (D) neither A nor B.

(C)

When an individual states of gives testimony on a material matter, under oath or by affirmation, as to the truth thereof, when she knew the statement or testimony to be false and willfully made it, it is called: (A) duress (B) acknowledgment (C) perjury (D) none of the above

(A)

When called upon to administer the oath of office to a member of the legislature, to any military officer, to an inspector of election, clerk of the poll, or to any other public officer or public employee the notary. (A) is not entitled to charge a fee. (B) may charge the statutory fee. (C) may charge the statutory fee if the person is not of her office. (D) none of the above.

(D)

When is a notary authorized to achknowledge a signature: (A) if she is familiar with the signature and has a reputable person who witnessed the signing. (B) if a photocopy of the signature is presented to her. (C) only when the person requesting ackowledgement is physically present and signs in the presense of the notary. (D) none of the above.

(C)

When is an attorney able to act as a notary? (A) never. (B) any time she wishes because attorneys are automatically notaries. (C) only if she has paid the appropriate fee for appointment and obtains the appointment. (D) only if there are no other notaries present.

(A)

When is an individual permitted to advertise that he is a duly appointed notary republic? (A) only after obtaining his appointment from the state. (B) whenever he wishes as long as the advertisement is not misleading or a misrepresentation. (C) only in newspaper advertising. (D) none of the above.

(D)

Which of the following best describes what the term attest means? (A) swear (B) promise (C) authenticate (D) witness

(D)

Which of the following does the notary public have the authority to certify? (A) birth certificates (B) marriage licenses (C) the payment of a federal fine (D) none of the above

(C)

Which of the following is required for an oath or affirmation to be valid? 1- It must be taken by swearing on a copy of a bible. 2- The person swearing or affirming must personally be in the presence of the notary public. 3- The person unequivocally swears or affirms that what he states is true. 4- The person swears or affirms as of that time. 5- The person conscientiously takes upon himself the obligation of an oath. (A) 1 Only (B) 1, 2, 3, 4 and 5 (C) 2, 3, 4 and 5 only. (D) all of the above.

(C)

Which of the following may happen if a notary public misuses her powers as a public official? (A) fine (B) imprisonment (C) both A and B (D) neither A nor B

(B)

Which of the following may issue an authentication certificate? (A) notary public (B) county clerk (C) either A or B (D) neither A nor B

(E)

Which of the following may take an acknowledgment of a conveyance in New York State? (A) a justice of the supreme court (B) an official examiner of title (C) an official reforce (D) a notary public (E) any of the above

(D)

Which of the following will invalidate acts performed by a notary public? (A) ineligibility of the notary public (B) misspelling a name (C) acting outside of the jurisdiction where the notary public was authorized to act (D) none of the above

(A)

Which of the following wording is acceptable as a form in which an oath may be lawfully administered? (A) "Do you solemnly swear that the contents of this affidavit subscribed by you is correct and true?" (B) "before me came ... to me known to be the individual described in and who executed the foregoing instrument and acknowledged that he executed the same" (C) either A or B (D) neither A nor B

(A)

While holding the appointment as a notary public, the notary public: (A) is allowed to engage in another business during the time he is available as a notary public. (B) is not allowed to engage in another business during the time he is available as a notary public. (C) may refuse to administer an oath or affidavit when requested. (D) none of the above.

(D)

Who is authorized to appoint and commission notary publics? (A) the governer (B) the mayor (C) the attorney general (D) the secretary of state

(B)

With reference to an oath, the notary public: (A) need not consider whether the statement is correct or false. (B) may not take the oath that the notary knew to be false. (C) must take the oath even if she knows it to be false. (D) may take the oath and attach an addendum to the document stating its falsehood.

(A)

Within ______ days of opening of the safe deposit box, the notary public shall file with the lessor a certificate which states the date of the opening of the safe deposit box, the name of the lessee, and a list of the contents and must also mail a copy of this certificate to the lessee at his last known postal address. (A) 10 days (B) 15 days (C) 30 days (D) 60 days