Nys Notary Public Vocab

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What is a Notary Public?

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a person who is appointed by the Secretary of Stateto: Caesar Polaris

Duties:

1. Administer oaths or affirmations (swear people in to thetruthfulness contained in their statements or their documents)

2. Take acknowledgements

3. Identify individuals who appear before you 4. Act as an impartial witness to the execution of instruments tocertify that a document signer is not a fraud

5. Establish that agreements are entered into knowingly and freely.

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What are notarized documents used for?

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Notarized documents may be introduced as evidence in a Court of Lawand/or filed with a State/Gov't/County/Village office.

Furthermore, notarizeddocuments elicit proof that an individual was identified by the notary so as toprevent fraud.

Notaries certify the identity of the signers who appear beforethem. In essence, notaries act as the last person an individual would seebefore he/she commits a wrong doing.

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What happens if I notarized a fraudulent document & had no idea?

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A notary is not responsible for the accuracy or legitimacy of thedocuments that he/she notarizes.Notaries are impartial witnesses who certify the identity ofindividuals appearing before them.

The document signer is responsible for the statements and content preparedon documents and will becharged accordingly if it is discovered that the document isfalse/fraudulent. It is for this reason that notaries are not permitted todraft, advise or have any involvement with notarized documents.

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Administrator

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person appointed bythe court to manage the estate/of another individual upon his/her deathwhere no will was left. (Intestate).

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Affiant (Deponent/Constituent)

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The individual who is subscribing his/her signature to an affidavit. (ie:Person in the chair before you)

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Affirmation (Oath)

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$2.00 - A form of oath given by a notary toan individual who declines taking an oath due to religious beliefs or ethicalreasons. (It is just as binding as an oath). The only difference is you woulduse the “term "DECLARE" instead of "SWEAR" when administeringthis form of oath.

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Apostille

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$10 Department of State verifying/ authenticating a notary’s signature& office.

(International use) Requested of notarizeddocuments that will be used outside US Jurisdiction.

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Attest

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to bear witnessto the execution of a written instrument at the request of an individual. (Tostate .... )

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Attestation Clause

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The clause (e.g.at the end of a will) where the witnesses are certifying "theinstrument has been executed in their presence.

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Authentication (Notarial within the US)

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($3.00)A county clerk certificate that verifies the authenticity andauthority of a Notary.

- Required for recordable instruments

- Requested when notarized documentswill be used in a Court of Law.

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Bill of Sale

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A document given to passtitle of personal property from vendor to vendee.

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Certified Copy

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A copy of a PUBLIC RECORD signed and certified as a true copy where the publicofficial remains the original custodian of such document (ie: the Bureau of Vital Statistics maintaining originalBirth and Death Certificates).

A notary public has no authority to issue certifiedcopies. (Attested Copies areallowed and are not the same thing as Certified Copies).

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Chattel

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Any personal property that is not real estate property or associated with real estate. (I.e.: furniture, jewelry). It is movable private property that is not part of the sale in real estate.

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Chattel Paper

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A writing which evidences an obligation to pay money where there issecurity interest involved (i.e.: promissory note, bank check, car loan).

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Codicil

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The amendment form,which modifies a Will that was previously drawn and executed (i.e.: adding orwithdrawing people from an existing Will).

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Consideration

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Anything (i.e.: money, personal services, love and affection) of value given to induce entering into a contract.

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Contempt of Court

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Disrespectful behavior of the authority of a court that disrupts the execution of court orders. (I.e.: You will be held in "contempt of court" if you do not divulge information that is requested of you by the court). -

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Contract

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An agreement between competent parties (18 years or older) to do or not to do certain things for 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 real estate is conveyed. (To give)

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Deponent (Affiant)

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An individual taking an oath to written statements or a person subscribing a deposition.

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Deposition

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The testimony of a witness (under oath) taken out of court intended to beused at a trial or hearing. Notary may swear in deponent before testimony is given

• Notary may witness the testimony (videotape, actual,audio)

• Notary may notarize a deposition

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Duress

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Unlawful constraint exercised upon a person forcing him or her to do some act against his or her will. (Notary to decline if posed with this situation).

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Escrow

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Property held by a third person (depository) that will be delivered to another upon the fulfillment of some condition (unalterable agreement).

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Executor

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

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Ex Parte - (One sided)

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A hearing or examination being presented by one party where by the other party is absent. Any form of communication with the court without the other side being privy to. (I.e.: Affidavit or Hearing before a grand jury)

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Felony

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A crime punishable by death or imprisonment. Class D Felony = 7 years

Class E Felony = 4 years

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Guardian

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The person in charge of a minor's person or property or someone declared incompetent by the Court.

(Law Guardian (Kids) ... Guardian Ad Litem (Adults)).

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Judgement-

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Decree of court declaring that one individual is indebted to another with such amount affixed to the document. (Money Judgment…. several types of judgments)

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Jurat

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Part of an affidavit where the Notary certifies that it was sworn to before him/her. (It is not the actual affidavit itself. It is the phrase "Sworn to before me ... )

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Laches

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The delay or negligence in asserting a claim. (Le.: The delay of someone filing a claim against you has caused you to lose your evidence)

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Lease

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A contract which indicates an owner of property transferring his or her right to another individual for the consideration of rent for a specific time period.

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Lien

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

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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.

Class A = 1 Year

Professional Misconduct

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Notary Public: (PublicOfficers)

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• Executes acknowledgements so that the information they contain may be used as presumptive evidence in a court of law.

• Administers Oaths and Affirmation regarding the truthfulness of statements contained in documents

• Does not discriminate (vicarious liability)

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Oath

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A verbal/oral pledge given by a notary to an affiant withthe understanding that the affiant will be punished if he/she lies under oath.(Perjury) "Do yousolemnly swear that the contents of this affidavit subscribed by you is correct& true"?

• A corporation cannot take an oath; only individuals (i.e.:Cannot notarize a signature: “ABC Corporation”. Can notarize: John Doe,President" only stipulated in document.

• Notary cannot notarize his/her own papers

• Notary Public office is non-transferable (to otherstates or people)

Form - A notary should be as serious as possible when administering the oath. (Fraud Deterring Agent)

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Plaintiff

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A person who files a suit/action against another

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Power of Attorney-

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A document allowing another individual to act on his/her behalf. (Can Notarize) - However, do not perform for a close relative or family member.

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Proof

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The declaration made by a subscribing witness to aNotary:

• I swear! Know and have seen the individual sign thisdocument

• This is my place of residence

(i.e.: My neighbor needssomething notarized and has the flu. I watch her sign it, bring it to a notary,take an oath and swear to the notary I witnessed the signature of the actualsigner and I know them. I must also produce my place of residence.)

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Protest

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($.75) ($.10 each additional not to exceed 5) Astatement under seal by a notary, which explains in full detail why an instrumenthas been refused for payment. (ie: check was returned due to insufficientfunds)

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Seal

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Not required by NY Notary.

Only used for notarized documents that will beused overseas or out of state.

Inscription: "Your Name, NotaryPublic for the State of New York"

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Signature of NotaryPublic

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A notary must sign only with the name under which he/shewas appointed.

• If you change your name, 'you must wait until youre-apply for your commission before you can use it. (Prior to renewing, you mayenter your new name in parenthesis after your qualified name)

• The following must appear after your signature in blackink pen, typed or black inked rubber stamp:

Your name

Notary Public State of New York

Commission Number

Qualified in County

Commission expires

Members of religiousorders may become a commissioned notary with a secular name (i.e.: Father KevinNotary Public)

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Statute

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Law established by the act of a legislature

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Statute of Frauds

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State law which provides that certain contracts should be in writing or partially complied with in order to be enforceable in a court of law.

(i.e.: You lend money to a friend and have him/her sign a paper stating the amount borrowed. If he/she defaults you can take them to court.)

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Statute of Limitations

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A law limiting the time in which a criminal/civil action must be started. (ie.: If the time runs out you cannot file suit)

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Subordination Clause

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Permits one mortgage to be placed ahead of another.

(i.e.: If you take a second mortgage on your home, and become insolvent or bankrupt, your second mortgage becomes subordinate - (secondary lien holder to your first mortgage). Therefore, the first mortgage must be paid with any proceeds from liquidation before the second mortgage.

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Sunday

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All notarial acts may be performed on Sunday except taking a Deposition in a civil proceeding. (Civil proceedings do not take place on Sunday.)

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Swear -

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Every mode authorized by law for administering an oath.

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Taking an Acknowledgement

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The notaries part in asking "was this document freely signed and for the purposes stated and in the document?" and obtaining satisfactory identification. The constituent acknowledging that he/she is named in the instrument and executed the instrument.

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Venue

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The geographical placethe notary takes an affidavit or acknowledgement.

(State of New York)

(County of )

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Will

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The dispositions of one's property to take effect after death.

Wills are not notarized. Witness Affidavits attached to a Will are required to be notarized and you may partake in the notarization of the witness signatures only

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Notary Statement to make a Oath

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"Do you solemnly swear that the contents of this affidavit subscribed by you is correct and true?"

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Notary Statement to make an Affirmation

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"Do you solemnly, sincerely and truly declare and affirm that the statements made by you are true and correct?"

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Never engage in the practice of the law directly or indirectly by doing any of the following:

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1. Do not give legal advice or compose legal papers.

2. Do not refer cases to a business with, especially when referral fees are involved (conflict of interest).

3. Never divide fees with a lawyer or accept legal fees on any legal business.

4. Never advertise that you have other powers other than that of a Notary Public.

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Always check a) identification containing four elements:

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1) Photo

2) Signature

3) Physical description

4) Expiration (must be unexpired)

NOTE: If identification is inadequate or the person is unable to obtain identification due to age or physically disability, use a credible witness (personally known to signer and you, trustworthy and impartial. Both take oath and sign document). A credible witness should not have any type of interest in the transaction.

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Use of a subscribing witness.

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In the absence of the actual document signer (sub. wit. must personally know the signer, take an oath, sign the document, and produce his/her address, (Street and Street Number if they reside in NY City).

This is called "Proof of Execution". In addition, the subscribing witness had to have witnessed the signature of the actual signer and not have been a party to or the receiver of an interest from the instrument.

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The Secretary of State appointsand commissions Notaries Public after the following qualifications are met. Notaries must:

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1. Be a U.S. Citizen or possess a permanent resident alien card.

2. Be of good moral character

3. Have a common school education (6th grade) or equivalent

4. Be familiar with duties and responsibilities in acquiring commission (as outlined in the book) and by successful completion of the state exam.

5. Be a resident of the State of New York or maintain a business/office in the State of New York.

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Appointees waived from exam:

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Licensed Attorneys

An appointed Court Clerk of the Unified Court System who passed the Civil Service Promotional Exam.

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Notarial term

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4 years, must renew within 30 days.

If not, your commission automatically expires. You may reapply, within 6 months otherwise, retake the exam.

(Military personnel receive a 1-year extension only after an honorable discharge.)

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Secretary of State is designated as a Notaries official Process Server and can

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Remove or suspend any notary for misconduct only after serving Notary with a copy of the charges and Notary has had an opportunity to defend charges at a hearing.

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Notary's can be removed if without appointments if:

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you have been convicted of a felony in any state. In addition, other offenses preventing appointment:

(a) carrying/possessing dangerous weapons (b) making/possessing burglar devices

(c) buying/possessing stolen property

(d) unlawfully entering a building

(e) aiding escape from prison

(f) possessing/distributing narcotics

(g) violating subsections of the law

(h) vagrancy or prostitution.

However, you may be eligible if you received "certificate of _good. conduct" from parole board or an "executive pardon" from the governor or "certificate of relief from disabilities".