Notary Republic New York

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Acknowledgment

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

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Acknowledgment or Proof Certificate required information

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• Notary’s signature.

• All the facts of the Notarial Act.

• Names of Each Witness.

• Substance of the testimony of each witness examined by the Notary.

• Subscribing witness’ place of residence.

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Administrator

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

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Advertisement

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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.

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Affiant

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A person who makes and subscribes his or her signature to an affidavit.

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Affiant

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Individual that swears before a Notary as part of a notarial act.

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Affidavit

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

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Affirmation

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A solemn declaration made by persons who conscientiously 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.

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Apostille

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

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Appointing or Commission term

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Four Years.

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Attest

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

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Attestation Clause

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

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Authentication

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A certificate subjoined by a county clerk to any certificate of acknowledgment or proof or oath signed by a notary.

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Bill of Sale

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

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Certificate of acknowledgment for a conveyance required information

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Venue and Date of the 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.

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Certificate of Authentication

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A certificate issue 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.

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Certificate of Official Character

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

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Certified Copy

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

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Change of Name Notice

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Notaries must submit this form along with a non-refundable fee of $10 in case he or she wants to officially change their name for any reason.Chattel

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Chattel

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Personal property, such as household goods or fixtures.

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Chattel Paper

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

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Codicil

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

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Commissioning Body

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Office of The Secretary of State.

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Consideration

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

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Contempt of Court

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

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Contract

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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.

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Conveyance (Deed)

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

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Conveyance of Real Property

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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.

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County Law

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Stipulates that each county clerk m ust designate at least one staff member to serve as a Notary Public

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Deponent

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

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Deposition

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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.

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Duress

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

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Escrow

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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.

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Ex Parte

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

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Executing an instrument

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Legal term that means signing a document.

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Executor

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

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Fees a Notary may charge

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$0.75, For a protest$0.10, For an additional Protests limit of 5$2.00, For an Oath of affirmation, Jurat, Acknowledgment, Proof of Execution or Swearing of a witness.

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Fees a Notary must pay

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$60.00, Appointment as Notary Public$10.00, Change of Name or Address, Duplicate identification card or filling certificate of official character.$5.00, Issuance of Certificate of Official character$3.00, Authentication Certificate

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Felony

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A crime punishable by death or imprisonment in a state prison.

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Foreign language advertisement disclaimer

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

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Guardian

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A person in charge of a minor’s person or property.

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Judgment

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

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Jurat

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

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Jurisdiction

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Area co-extensive with the boundaries of the state.

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Laches

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The delay or negligence in asserting one’s legal rights.

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Lease

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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.

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Lessee

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Individual that rents a safety box.

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Lessor

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Entity who rents out safety boxes.

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Litigation

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The act of carrying on a lawsuit.

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Misdemeanor

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Any crime other than a felony.

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Mortgage On Real Property

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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.

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New York Election law allows them to become Notaries

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The Commissioner of elections and the Inspector of elections.

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Non-resident

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Commissioned in the county in which one does business.

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Non-resident who ceases to work in the State of New York

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Must vacate the office as a Notary Public.

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Not eligible to become a Notary Public under New York’s executive Law

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Individuals removed from the Commissioner of Deeds office.

• Anyone convicted of a felony, unless pardoned

•Anyone convicted of violating various crimes and sections of the penal and judiciary law.

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Not eligible to the Notary Public office

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• Sheriffs

• Anyone convicted of violating the selective service act of 1917

• Those convicted of violating the Service Act of 1940

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Notaries applying for reappointment

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Receives an application from the Secretary of State’s office three months prior to commission’s expiration date.

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Notary Certificate

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Contains required wording that must be completed by a Notary. It contains the facts of a Notarial Act.

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Notary Certificate required information

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• Notarial Act’s venue.• Notary’s Name, Signature, county of commission and commission’s expiration date.• The words “Notary Public, State of New York”

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Notary Public

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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.

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Oath

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

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Oaths and Affirmations

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

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Person

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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 acknowledgment.

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Plaintiff

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Person who starts a suit or brings an action against another.

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Power of Attorney

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

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Proof

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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.

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Protest

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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.

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Purposes of Acknowledgment

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

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Real Property Law

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Contains status on uniform notarial certificates to be used for the acknowledgment or proof of a conveyance in respect to real property within the state of New York.

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

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• Practice law in New York• Court clerks who have taken a Civil Service exam• Applying before or within six months of term’s expiration• Qualified U.S. military personnel

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Requirements for Commissioning

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• Being of good character

• To have a common school education

• To know the duties of a Notary

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Residency (Requirements)

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• 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

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Resident

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Commissioned in the county of residence.

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Seal

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The laws of the State of New York do not require its use by Notaries public. However, if used, it should sufficiently identify the notary public and his or hers authority and jurisdiction.

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Signature of Notary Public

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

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Statute

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A law established by an act of the Legislature.

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Statute of Frauds

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

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Statute of Limitations

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

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Subordination Clause

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

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Sunday

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Day on which Notaries public may administer an oath or take an affidavit or acknowledgment. But may not take a deposition in a civil proceeding.

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Swear

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

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Taking an Acknowledgment

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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 acknowledging that he or she executed such instrument. Or, the act of the notary public in obtaining satisfactory evidence of the identity of the person whose acknowledgment is taken.

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Taking an Acknowledgment

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

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

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Members of the New York Legislature.

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The Secretary of State

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Commissions Notaries Public.

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Types of Certificates

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• Acknowledgments

• Proof of Execution by a Subscribing Witness

• Jurat

• Uniform

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Uniform acknowledgement or proof certificate

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

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Venue

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Geographical place where a notary public takes an affidavit or acknowledgment

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Will

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Disposition of one’s property, to take effect after death.

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Within ten days

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Allowed time for a lessor to notify a lessee that a box on his or her name has been open in the presence of a Notary.