Definitions #1

cannot notarize

"Certified Original Certificates" on photocopies of government documents like birth certificates & passports

The Notary may want to ask the signer:

"Do you acknowledge that this is your signature and that you are executing this document of your own free will?" If yes, the Notary should complete a certificate that states the signer acknowledged the document.

The Notary may want to ask the signer

"Do you swear (or affirm) that the information contained in this document is true and correct to the best of your knowledge? After receiving an affirmative (positive) answer, the Notary must complete a Jurat notarial wording certificate indicating that an Oath or Affirmation was given.

Change of Name/Address

$10

Duplicate Identification Card

$10

Filing Certificate of Official Character

$10

Acknowledgement (each person)

$2

Oath or Affirmation

$2

Proof of Execution (each person)

$2

Swearing Witness

$2

Authentication Certificate

$3

Issuance of Certificate of Official Character

$5

Appointment as Notary Public

$60; $40 appointment and $20 filing of Oath of Office

Each additional Notice of Protest (limit 5) each

.10

Protest of Note, Commerical Paper, etc

.75

Notarial Act

A Notary is usually appointed for the state they apply to only. They may perform Notarial Acts anywhere with the state, but at not time can they perform such acts outside of the state.

Authentication (Notarial)

A certificate subjoined by a county clerk to any certificate of proof or acknowledgment or oath signed by a notary; this county clerk's certificate authenticates or verifies the authority of the notary public to act as such. (See §133, Executive Law.)

Subordination Clause

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

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 will

Certified Copy

A copy of a 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

Will (Last Will and Testament)

A document created as a specific guidline of what is to happen after a person's death. The disposition of one's property to take effect after death.

Acknowledgment

A formal declaration before a duly authorized officer by a person who has executed an instrument that such execution is his act and deed

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 payment or acceptance was refused.

Ex Parte

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

Statute

A law established by an act of the Legislature.

Statute of Limitations

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

Lien

A legal right or claim upon a specific property which attaches to the property until a debt is satisfied

Sunday

A notary public may administer an oath or take an affidavit or acknowledgment. but never a deposition for a civil proceeding

Signature of Notary Public

A notary public must sign the name under which he was appointed and no other. In addition to his signature and venue, the notary public shall print, typewrite or stamp beneath his signature in black ink, his name, the words "Notary Public State of New York," the name of the county in which he is qualified, and the date upon which his commission expires

Administrator

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

Guardian

A person in charge of a minor's person or property

Plaintiff

A person who starts a suit or brings an action against another

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. A public officer. An impartial agent for the state. A witness of notarial writings and signatures. A public Servant.

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 conscientiously decline taking an oath

Oath

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

Chattel Paper

A writing or writings which evidence both an obligation to pay money and a security interest in a lease or specific goods. The agreement which creates or provides for the security interest is known as a security agreement

Bill of Sale

A written instrument given to pass title of personal property from vendor to vendee

Power of Attorney

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

Sworn

Administration of an Oath or an Affirmation has been completed by the Notary. The signer or deponent has taken an Oath or Affirmation in accordance with New York statues.

Impartial

Am I a party to the transaction? Am I named in the document? Do I have any financial or beneficial interest in this transaction to be notarized?

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

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

Codicil

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

Misdemeanor

Any crime other than a felony

Consideration

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

When is it proper to refuse to perform a Notarial Act?

As a public official, a Notary cannot unreasonably refuse to perform a Notarial Act for anyone who provides the statutory fee and meets all other requirements prescribed by statute. However, if the Notary seriously questions the identity or competence of the signer, or if the instrument in question is blank, contains a false statement, or is intended to deceive or defraud, the Notary may and should refuse to perform the Notarial Act.

Contempt of Court

Behavior disrespectful of the authority of a court which disrupts the execution of court orders

Subscribe

Best means "complete" or sign

Subscribed

Best means "completed" or "signed" (past tense)

Professional Misconduct

Class A misdemeanor; license suspension/removal after tribunal hearing

Judgment

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

Apostile

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

Conveyance (Deed)

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

Conflict of Interest

If we are a Party of Interest, we have Legal Consideration which is anyting of value to us, including money, services & love & affection. However officers, employees and even stockholders of a corporation can all notarize each other's signatures as long as they are not pecuniarily involved.

acknowledge his own signature

It is impossible for a Notary to be a witness to his own act. It is strictly prohibited by law in most states.

Statute of Frauds

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

cannot notarize

Marriage Contracts.

Can a Notary who is not an attorney assist in the completion of legal forms?

No. The Notary must always remain impartial and should not assist a client in the completion of any forms. If the form is a legal instrument, the Notary's assistance could be determined to be unauthorized practice of the law (UPL).

Does notarization mean that the document is "true" or "legal"?

Notaries are not responsible for the accuracy or legality of documents they notarize. Notaries verify the identity of signers. The signers are responsible for the content of their documents.

Executor

One named in a will to carry out the provisions of the will

Deponent

One who makes oath to a written statement. Technically, a person subscribing a deposition but used interchangeably with "Affiant."

cannot notarize

People's signatures to their own wills. Can notarized the witness signatures.

verify a signer's identity

Personal knowledge Credible Witness Identification card or papers

Chattel

Personal property, such as household goods or fixtures

County Clerk's Certificate

See "Authentication (Notarial)."

Attestation Clause

That clause (e.g., at the end of a will) wherein the witnesses certify that the instrument has been executed before them, and the manner of the execution of the same

Litigation

The act of carrying on a lawsuit

Presentment

The act of producing a negotiable or security instrument for payment or acceptance

Taking an Acknowledgment

The act of the person named in an instrument telling the notary public that he is the person named in the instrument and acknowledging that he executed such instrument; also includes the act of the Notary Public in obtaining satisfactory evidence of the identity of the person whose Acknowledgment is taken.

Misfeasance

The actions of a public official, such as a Notary Public, that are performed in such a way that is not technically illegal, but are nonetheless mistaken or wrong

Laches

The delay or negligence in asserting one's legal rights

Included in the journal should be:

The documents signer's printed name The document signer's signature The date and time of notarization The date of the document (may differ from the notarization date) The type of notarization performed and type of document notarized The document signer's address A statement on how the signature was verified (personal knowledge, etc) Any special comments about the transaction The journal should be completed prior to notarizing each document. A new entry should be made in the journal for every Notary service provided.

Proof of Execution

The formal declaration made by a subscribing witness to the execution of an instrument setting 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

Venue

The geographical place where a notary public takes an affidavit or acknowledgment

Malfeasance

The illegal actions of a public official, such as a Notary Public, that interfere with the performance of his or her duties

Seal

The laws of the State of New York do not require the use of this by notaries public. If used, it should sufficiently identify the notary public, his authority and jurisdiction. It is the opinion of the Department of State that the only inscription required is the name of the notary and the words "Notary Public for the State of New York."

Jurat

The part of an affidavit where the officer (notary public) certifies that it was sworn to before him

Testator

The person make a will (male)

Testatrix

The person making a will (female)

Affiant

The person who makes and subscribes his signature to an affidavit

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 unalterable

Deposition

The 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

Swear

This term includes every mode authorized by law for administering an oath.

Execute

To complete or sign. Making or completing a signature

Attest

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

What does the "ss.", in the venue of a notarial certificate mean?

an abbreviation of the Latin word "scilicet", meaning "namely", or more particularly the exact location or designated particular place within a city and/or county where the official Notarial Act was performed.

Identification card or papers

are necessary in verifying the signer's identity. The Notary should examine the photograph, accurate physical description, and signature of the bearer. Asking for two forms of ID can further assure the signer's identity. If a Notary is uncomfortable or suspicious of any identification, the Notary should not notarize for that person.

Acknowledgements

are the simple authentication of a signature. They prove or acknowledge that the signer personally appeared and was identified before the Notary Public. To make an acknowledgment, the document signer must personally appear before the Notary Public, and declare that he/she has executed and signed the document voluntarily. The Notary should ensure that the signer understands the document and has not been coerced into signing. If there is any question about the signer's willingness to execute the document or his/her understanding of the terms of the document, a Notary should refuse to notarize.

Notary journal

is a record of the Notary's acts and can be used to demonstrate that a Notarial Act was properly performed.

Credible Witness

is a third person that personally knows the document signer, and verifies the signer's identity. This does not replace the "presence" requirement. The person whose signature is being notarized must be present at the time of notarization.

Personal Knowledge

is the safest and best verification of a person's identity. It requires no witnesses or identification cards. It means having an acquaintance, derived from association with the individual, which establies the individual's identity with at least a reasonable certainty.

Notary Responsibilities

must take necessary steps to verify a signer's identity before notarizing a signature. A Notary Public may not notarize a signature unless the Notary personally knows, or has satisfactory evidence, that the person whose signature is to be notarized is the individual who is described in and who is executing the instrument.

The signer

personally appears before (in front of) the Notary to swear (or affirm) to the Notary, an officer duly appointed to administer Oaths, that the information contained in the document or their testimony is true. A person who makes a false Oath or Affirmation is subject to criminal charges for perjury under NYS laws. A notarization requiring an Oath should begin with the administration of an Oath or Affirmation by the Notary.

The Act of Notarization accomplishes

protects against fraud. Proves the signer appeared before the Notary Public. The signer must be in the Physical Presence of the Notary before the Notary my lawfully notarize. The Notary certifies that a signature is made willingly and freely. Does not prove a document or statement is true or accurate, nor does it validate or legalize a document.

Jurats/Affidavits

the authentication of a signature made under Oath or Affirmation in front of the Notary by the signer of a document. An Oath of Affirmation is administered to a document signer by the Notary when the signer is required to make a sworn statement about certain facts in the document or about their testimony.

Constituents

those for whom we provide notarial services. Our customers or clients

The Notary Public "Certifies to the taking of the Acknowledgment"

when the Notary signs his official signature to the form setting forth the fact of the taking of the Acknowledgment