Ny Notary Public- Concepts

Front 1

Can acknowledgements or affidavits be taken any way other than in person?

Back 1

The practice of taking acknowledgments and affidavits over thetelephone, or otherwise, without the actual, personal appearance of theindividual making the acknowledgment or affidavit before the officiatingnotary, is illegal

Front 2

What is the difference between an oath and an affirmation?

Back 2

The only difference between an Oath and an Affirmation is the fact that you are using the word SWEAR in an OATH and DECLARE in an AFFIRMATION. Both are equally binding, meaning that if it is found out later that the signer lied to the Notary, the signer will be charged with Perjury on either administration

Front 3

Can you notarize for someone with an improper ID?

Back 3

Requires use of a credible witness: Rules: Must be personally known to both the signer and notary. Both signer and credible witness take oath and sign the document. Credible witness may not be a party to or have an interest in the document

Front 4

When can you notarize for someone who is not physically present?

Back 4

Use of a subscribing witness: Rules: Signer signed document in the company of said subscribing witness. Subscribing witness brings document to Notary, takes an Oath, Signs document and produces their place of residence on the document. Subscribing witness may not be a party to or have an interest in the document

Non-Compliance with the above rules = serious professional misconduct commission revocation

Front 5

Can a non attorney notary draft legal documents or give advice

Back 5

The drafting of legal documents and giving legal advice by a non attorney notary is prohibited

Front 6

May a notary set up business partnerships with lawyers with the intent to gaon compensation?

Back 6

The solicitation and or referral of any lawyer with whom your do business with or where receiving monetary compensation for doing so and Dividing or agreeing to accept any part of a lawyers fee on any legal business are prohibited

Front 7

Who appoints and revokes commissions of a notary public

Back 7

Secretary of State

Front 8

Where may you perform notary?

Back 8

Your Notary Public Office is valid and may be used within the boundaries of NYS only

Front 9

Can a non resident hold office as a notary in NY?

Back 9

A notary public who is a resident of the State and who moves out ofthe state but still maintains a place of business or an office in New YorkState does not vacate his or her office as a notary public. A notary publicwho is a nonresident and who ceases to have an office or place of businessin this state, vacates his or her office as a notary public.

Front 10

How are non resident notaries served?

Back 10

A non-resident who accepts the office ofnotary public in this State thereby appoints the Secretary of State as theperson upon whom process can be served on his or her behalf

Front 11

What are qualifications to hold office as a notary

Back 11

US Citizen

Good Moral Character

Common SchoolEducation (6TH Grade)

Pass Examination

Be a NYS resident; or if Non-Resident, maintain a place of business within NYS.

Must be 18 years of age

Front 12

Who automatically qualifies to act as notary without taking exam?

Back 12

Attorney admitted to practice law in NYS

Appointed Court Clerk’s of the Unified Court System that passed the Civil Service Promotional Exam.

Front 13

How long is a notary commissioned for?

Back 13

A notary is commissioned for a 4 Year Term

Front 14

What is the fee to apply for notary public?

Back 14

Fee $60 (Divided as follows: $40 Secretary of State $20 County Clerk)

Front 15

When do you renew commission?

Back 15

Must renew within 30 days of expiration – max extension = 6 month of expiration or notary must re-take the exam

Front 16

What is true of reappointment?

Back 16

Notaries seeking re-appointment must submit their applications to the County Clerk , NOT the Department of State (renewal applications are sent out by the County Clerk within 90 days prior to the Notary’s expiration of term) No exam or surety bond is required for re-appointment

Front 17

What is true of removal for wrong doing by s notary public?

Back 17

The Secretary of State is the ONLY governing body that can remove a Notary Public from office, if they’re found guilty of charges against them A Notary Public has the right and opportunity to be Heard regarding such charges

Front 18

What criminal offenses will cause your application to be rejected?

Back 18

Conviction of a felony or certain other crimes, including: carrying or possessing a firearm or other dangerous weapon, making or possessing burglar’s instruments, buying or receiving stolen property, unlawful entry of a building, aiding escape from prison, drug-related offenses and vagrancy or prostitution;

Front 19

Removal from what office will cause application to be rejected?

Back 19

Removal from office as a commissioner of deeds for the city of New York

Front 20

A Violation of what act will cause your application to be rejected?

Back 20

Violation of the Selective Draft Act of 1917

Front 21

Can a member of legislature hold office as a notary public?

Back 21

A member of the legislaturemay be appointed a notary public in view of transfer of power of suchappointment from the governor and senate to the Secretary of State.

Front 22

Official Allowable Notarial Acts

Back 22

Acknowledgements,Depositions,Jurats,Oaths and Affirmations, Proof of Execution,Protests, Safe Deposit Box Openings, Swear

Front 23

Can a corporation be notarized?

Back 23

Never notarize a corporation – only an individual

Front 24

Can a notary issuee certified copies?

Back 24

Never Certify Copies of documents. Requests for certified copies of documents should be directed to the agency that holds and/or issued the original, such as the county clerk’s office. The document owner, not the Notary certifies the copy. The custodian makes a photocopy of the original document; makes a written statement about the trueness, correctness and completeness of the copy; signs that statement before a Notary; and takes an oath or affirmation regarding the truth of the statement

Front 25

Can a Notary notarize themselves?

Back 25

A Notary must never notarized their own signature or where their interest is involved

Front 26

Can a Notary notarize wills & Codicils?

Back 26

Never perform Will or Codicil notarizations

Front 27

What is the procedure for appointment and fees associated?

Back 27

Pass Test

Submit Notarized Application to Secretary of State with $60 fee

Secretary of State will Index your commission, keep $40 of the $60 and sends certified copy of your info and $20 to County Clerk by 10th day of the following month

Secretary of State will mail you a Notary Public ID Card

County Clerk receives $20 of the $60 and makes an index of your official commission

Front 28

What is the procedure for reappointment?

Back 28

You should receive a renewal application 90 days prior to the time your commission is expiring. Your commission will expire the same day of the same month every 4 years. Submit to County Clerk notarized application with “official signature” and “oath of office” $60. County Clerk will issue a commission and send your “Official signature” and “oath of office” to the Secretary of State along with $40 (apportioned from app fee) by the 10th day of the following month. Secretary of State makes an index of the commission.

Front 29

Why would you obtain a certification of Official character?

Back 29

You may obtain another commission number for any other NYS County. Cost $10 for certificate issuance $10 filing fee and $5 if Seal attached.

Even though your commission/jurisdiction is good in any county within New York State. Sometimes people elect to file their signatures in other counties so that it makes verification easier.

Front 30

What is certification of notarial signature/Authentication and whats the purpose?

Back 30

County clerk certifying that your signature is authentic/genuine and you are/were a commissioned Notary Public for NYS at the time you notarized a specific document. (signature of said document is matched against clerk’s file) Cost $3 paid by requestorPurpose:This Certification allows for said notarized document to be introduced/read into evidence in a court of law or recorded in any county either within or out of State.

Front 31

Signature and seal of county clerk

Back 31

A County Clerk may stamp, print, photograph, engrave or fax a document confirming the authenticity of a Notary Public when issuing a “Certificate of Official Character” or a “Certificate of Authentication” (when documents will be used outside NYS – needed prior to obtaining an Apostille).

Front 32

Can a notary notarize a non ink signature

Back 32

: Notary’s cannot notarize faxed, photocopy or triplicate signature ONLY ORIGINAL INK SIGNATURE.

Front 33

Can a commissioner or inspector of elections hold office as a notary public?

Back 33

A Commissioner or Inspector of Elections may hold 2 Public Offices

Front 34

What is meant by public officers law?

Back 34

Acts that will prohibit one from becoming a Notary Public:

A Military Violation

Convicted of Violating the U.S. Selective Draft Act

Convicted of Violating the Federal Selective Training and Service Act

Front 35

Can Sheriffs hold office as a notary public?

Back 35

May not be a Notary (Can’t hold 2 public offices simultaneously)

Front 36

What disqualifies notaries for notarizing documents

Back 36

They are named in document

A party to the Instrument

Beneficial – receiving a benefit

Emotional – emotional involvement (family member)

Financial – monetary reward

Front 37

What are the owers of notaries public or other officers who are stockholders, directors, officers or employees of a corporation ?

Back 37

A notary public, mayor, examiner of title, recorder of a city, commissioner of deeds... empowered by the State, should never notarize documents by or to a corporation in which he/she is a stockholder, director, officer or employee, if, and only if, you personally are a party to that instrument --signee--(individually or as a representative of the company) or where making a protest for nonpayment of such you directly/indirectly have a financial interest in the collection of such funds. Otherwise you may notarize general documents for the company

Front 38

What is a protest?

Back 38

A formal written statement made by a Notary that a specific bill of exchange or promissory note was presented for payment and refused.

Front 39

What is a note?

Back 39

A written warning with the intent to inform a person of a hearing or trial in which his/her interest is involved.

Front 40

What is the liability for Notaries?

Back 40

NY Notaries have unlimited financial liabilities for any and all damages caused by their mistakes or misconduct in performing Notarial acts. If a person is financially injured by a Notary’s negligence or failure to properly perform a Notarial act whether intentional or unintentional, the injured party may sue the Notary in civil court and the Notary, possibly, may be ordered to pay all resulting damages, including attorney’s fees.

Front 41

What are misdemeanors for notaries?

Back 41

FRAUD =r(Intentional deception resulting in injury to another -- misrepresentation, concealment or non-disclosure of a material fact and misleading conduct or

DECEIT = (A false representation of a material fact made recklessly, or without reasonable ground for believing its truth and with intent to induce reliance thereon)

Front 42

What is true of advertising for a notary public?

Back 42

A Notary Public who advertises in ANY language OTHER than ENGLISH must include in their advertisement the following statement: “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.” May not use any terms or convey in a foreign language anything that would imply in your advertisement that you are an Attorney for the State of New York or any US Jurisdiction

Front 43

What should appear on a properly notarized document?

Back 43

Venue Properly filled (State of New York; County of _____)

Notaries Signature

Front 44

What should be handwritten or stamped on a properly notarized document?

Back 44

Permanent black ink handwritten or stamped the following five lines: Your Name Notary Public State of New York Commission #: Qualified in ___ County Date Commission Expires

Front 45

Acknowledgements and proof by a married woman

Back 45

The acknowledgement or proof of conveyance of real property located in NYS or any other type of written instrument where a woman is named solely as the owner of such instrument may contain only the married woman’s signature. Many years ago woman were prohibited from transferring property, even if solely named, without her husband signing the deed in conjunction with her signature (even when husband was not named on the property). This is the subsection that tells you this is no longer the case.

Front 46

When taking proof by subscribing witness what must be true?

Back 46

Such subscribing witness MUST:

Sign

Take an Oath

Produce their place of residence on the document

Not have an interest

Front 47

Circumstance when it is ok to take proof in the absence of a document signer

Back 47

In the absence of the actual document Signer, the Subscribing Witness presents a document before a Notary Public to wit they have previously witnessed the signature of the document signer. Proof must not be taken unless the officer is personally acquainted with such witness, or has satisfactory evidence that he is the same person, who was a subscribing witness to the conveyance.

Front 48

How long unpaid rent in bankers box before right to open?

Back 48

If rent is not paid in 1 year bank has the right to open box

Front 49

What needs to be true before can open bankers box

Back 49

With 30 day prior written notice to lessee and no response Bank opens Box on the 30th day with Notary present

Front 50

After bankers box is opened what is Banks responsibilty

Back 50

Bank must send notice of itemized list of content to lessee within 10 days of opening

Bank must send notice to lessee showing contents removed (inventory) within 10 days of opening

Bank holds contents for 2 years and rent continues to be billed for safekeeping

Front 51

What is timeline of responsibility after opening bankers box

Back 51

After 2 years bank holds Public Auction of inventory to cover fees

After 3 years remaining property becomes Abandoned Property (turned over to the Government)

Articles of paper value (ie: deeds, wills, stock certificates) must be held by bank for 10 years before they are destroyed.

Front 52

What is Civil Practice law?

Back 52

This law authorizes a deposition to be taken before a Notary Public in a civil proceeding

Front 53

What is Domestic Relations law?

Back 53

A Notary may not Solemnize Marriages (Marry People) or take Acknowledgments of parties and/or witnesses to a Marriage contract in N.Y. State

Front 54

What is Public Officers Law?

Back 54

This law authorizes a Notary to administer an Oath to a Public Officer (ie: swear in the Mayor)

Front 55

What is true about notaries notarizing wills?

Back 55

A Notary may never draft nor execute a will – Nullifies and Voids In NYS, a self proving Will may require the signatures of the witnesses to be notarized. A Notary should notarize signatures of the witnesses on a document described as a will only if a Notarial certificate is provided or stipulated for each signer and the signers are not asking questions about how to proceed. The New York State Department of State warns Notaries not to execute an acknowledgement certificate when asked to notarize a will: “Such acknowledgement cannot be deemed equivalent to an attestation clause accompanying a will.” (The attestation clause is the statement at the end of the will wherein the witnesses certify that the document was executed before them (

Front 56

When are fees for service not charged?

Back 56

A Notary may never charge a fee to another public official/employee/officer Hence a Notary shall never be charged to have something notarized

Front 57

Whats constitutes misconduct

Back 57

Misstatement of fact on your application for appointment Preparing and taking an oath of an affiant to a statements the Notary Public knew to be false or fraudulent (prior knowledge issue)

Front 58

Sentence and imprisonment for felony

Back 58

Unclassified term = 3 years

Classified “D” Felony = 7 years

Classified “E” Felony = 4 years

Front 59

Sentence and imprisonment for misdemeanor

Back 59

Classified “A” Misdemeanor = 1 year

Front 60

What is forgery in the second degree?

Back 60

When a Notary intentionally alters, falsifies, creates or has an affect (such as the transferring, terminating, legal right, interest, obligation or status) of any written instrument which represents a legal document, commercial paper, public record (including those to be filed in or with a public office or servant) or official instrument created by a public office, servant or government. (ie: creating a false deed) Constitutes Class D felony = 7 years

Front 61

What is true of issuing a false statement?

Back 61

When a Public Servant – (an officer authorized by law to make such official instruments) intentionally issues the instrument knowing that it contains false information. (ie: issuing a false birth certificate by someone who works for that agency) – prior knowledge Constitutes Class E felony = 4 years

Front 62

What is official misconduct and what is the penalty?

Back 62

When a Public Servant – (an officer authorized by law to serve the public) knowingly receives a benefit at the detriment of another by: Knowingly performing an unauthorized act in the performance of their duty (ie: backdating a Notary Certificate) Knowingly refraining from performing a service which is clearly inherent in the nature of their office (ie: refusing to Notarize). Official misconduct = Class A misdemeanor = 1 Year

Front 63

If a notary refuses to notarize when requested what is the penalty?

Back 63

A Notary must perform a Notarization when requested (so long as it’s proper) Refusal = misdemeanor = Class A = 1 Year

Front 64

What is perjury?

Back 64

When one willfully gives a false statement or testimony under Oath or Affirmation they are charged with Perjury Remember, those who lie under oath or affirmation will receive a perjury charge in addition to what they are being convicted of. This is why it is so important to administer the oath or affirmation with an Affidavit form.

Front 65

6 concepts of notary

Back 65

1. No Interest (Conflict of Interest)

2. Never act as an Attorney

3. Prior Knowledge

4. Never Draft Legal Documents

5. Never Interpret a Document

6. Personal appearance is always required at the time of notarization!