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59 Cards in this Set
- Front
- Back
Acknowledgement |
A formal declaration before a notary public or other authorized person by an individual signing an instrument that such execution is his or her free act and deed and that it was signed willingly for the purpose to find in the instrument |
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Affiant |
Person who makes and subscribes and affidavit |
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Affidavit |
A written statement of facts made voluntarily verbally confirmed to be true by an oath or an affirmation and signed before a notary public or other person authorized to administer Oaths |
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Affirm |
To make a solemn formal Declaration of the truth of a statement or testimony under penalty of perjury |
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Affix |
To attach or impress the notary seal to a document |
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Apostille |
A certificate of notarial authority issued by the secretary of state so lieutenant governor or the county clerk's office usually needed to authenticate documents going to foreign countries. testifies to the validity of the notary |
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Attest |
To certify or bear witness to, to affirm to be true or Genuine |
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Attorney-in-fact |
An individual authorized to act in another's behalf by power of attorney |
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Authentication |
Process of verification of notarial authority, usually used when a document is going to a foreign country that does not recognize or accept the authority of the apostille |
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Certified copy |
An exact, complete and unaltered copy of a document that is not a publicly recorded document, signed as a true copy of the original by the public official who made the copy. |
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Coercion |
Forced or compelled into compliance, through fear, intimidation, or threats. I notary must ensure that no coercion is used in the signing of the document. I'll parties must sign willingly. If the notary suspect scores and he should refuse to notarize the documents |
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Commission |
The certificate verifying appointment as a notary, authorizing the notary to perform the official acts of that office also refers to the term of office. commission term varies in length depending on your state from 2 years to Lifetime appointments |
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Deed |
A document by which a person conveys or transfers real property |
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Jurat |
The notaries written certificate on any sworn statement for affidavit. Document must be signed and sworn to or affirmed before the notary |
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Oath |
A solemn affirmation of the truth of any statement, under penalty of perjury |
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Perjury |
Making a false statement under oath or affirmation. Usually punishable by fine, prison term, or both |
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Personally known |
Having an acquaintance derived from association with an individual, which establishes the individual's identity with at least a reasonable certainty |
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Power of attorney |
A document authorizing a person to act us another sagent or representatives for a specific purpose |
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Principal |
The person making the power of attorney |
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Reasonable care |
That degree of care which a person of ordinary prudence and intelligence would exercise in the same or similar circumstances. Failure to exercise such care is negligence |
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Satisfactory evidence |
Acceptable identification of an individual not personally known to the notary identification must have a photograph, physical description, and personal data about the individual, such as height, date of birth, and is preferably government-issued |
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Subscribe |
To sign a document |
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Swear |
To take an oath |
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Testator |
Person making a will |
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U.P.L. |
An abbreviation for the unlicensed practice of law notaries should proceed with Extreme Caution whenever asked to perform duties for the Puritans have legal implications |
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Venue |
The location (State and County) the notarial asked actually takes place. Stated in the following form: state of blank County of blank |
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Will |
An instrument by which an individual makes a disposition of his or her real and personal property, to take effect after his or her death |
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Change of name/address |
$10 to Secretary of State |
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Duplicate Identification Card |
$10 to Secretary of State |
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Filing Certificate of Official Character |
$10 to Secretary of State |
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Authentication Certificate |
$3.00 to Secretary of State |
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Oath or Affirmation |
$2.00 to Notary |
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Acknowledgment (each person) |
$2.00 to Notary |
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Proof of Execution |
$2.00 to Notary |
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Swearing Witness |
$2.00 to Notary |
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Protest of Note, Commercial Paper, etc |
$.75 to Notary |
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Each additional Notice of Protest (limit 5) |
$.10 to Notary |
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Who appoints a notary |
Secretary of State (NYS) |
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What is the term of a notary |
4 years |
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What does a notary need to be? |
Citizen of the US AND be a NYS resident, or have a place of buisness in NYS |
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Can a notary move out of the state and still be a NYS notary? |
Yes, if they maintain a place of business in NYS |
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Of what must the Secretary of State be satisfied about the applicant? |
1. of good moral character 2. has the equivalent of a common school education (GED) 3. is familiar with the duties and responsibilities of a notary These do NOT apply to attorneys and certain Court Clerks. Also not to a person applying for reappointment if during his term or within 6 months of expiration of term as notary. Secretary of State may waive such requirements for a person not able to apply for reappointment because of his service in the US armed forces, provided that his discharge is not dishonorable. |
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What must the notary be allowed if there is an attempt at removal? |
1. A copy of the charges 2. Opportunity to be heard in oral argument 3. go before an administrative law judge |
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Who cannot be appointed a notary? |
Anyone convicted of a felony, or charges such as burglary, illegal weapons, burgler tools, buying or selling stolen property, aiding escape from prison, unlawful entry of a building, narcotic drug possession or distribution, violating sections of the old or new penal law or special sections fo the Judiciary law, vagrancy, prostitution |
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Executive law 131 Procedure of appointment: what must a notary applicant submit to the Secretary of State? |
1. notary public application 2. oath of office (duly executed, with signature) |
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Executive Law 131 What is the application fee for notary public? |
$60 |
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Executive Law 131 What is on the notary ID card? |
name, address, |
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Executive Law 131 By the 10th day of the following month, the Secretary of State shall Transmit to the county clerk: |
1. the commission 2. Certified copy of the original oath of office with signature 3. $20 from the $60 fee paid by the applicant |
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Executive Law 131 What must the county clerk maintain? |
An index of commissions of notaries |
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Executive Law 131 Applicants for reappointment must submit to the county clerk... |
1. application 2. oath of office (duly executed, with signature) |
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Executive Law 131 what does the county clerk do if satisfied as to the completeness of the application for reappointment |
issue a commission |
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Executive Law 131 What is the cost of reappointment and to whom is it given? |
$60 to the county clerk |
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Executive Law 131 By the 10th day of the following month after the notary applies for reappointment, what shall the county clerk transmit to the Secretary of State? |
1. the commission 2. certified copy of the original of the application 3. $40 from the $60 fee |
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Executive Law 131 who shall keep a record of commissions it receives from the county clerk? |
Secretary of State |
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Executive Law 131 What is the charge for a change of name or address? |
$10 - except when the changes are made in the application for reappointment |
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Executive Law 131 What is the fee for a duplicate notary identification card? |
$10 The duplicate card must have the word "duplicate" stamped on its face and must have the same number as the card it replaces |
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Executive Law 132 A certificate of official character of a notary public may be issued by: |
1. Secretary of State 2. County Clerk |
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Executive Law 132 1. County Clerk Filing fee for a certificate of official character. 2. Filing fee for issuance by the county clerk of a certificate, with seal is... |
1. $10 2. $5 |
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Executive Law 133 A county clerk may affix a certificate of official character to any certificate or proof or acknowledgment or oath signed by a notary. The fee for certification of the notarial signature is |
$3.00
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