New York State Notary Public Law - Questions/answers

Front 1

Is a NP considered a commissioned public officer?

Back 1

Yes. A NP is appointed by the New York Secretary of State vested by Executive Law.

Front 2

What is the commissions's term? And, how can it be renewed?

Back 2

The length of a NP commission is four (4) years. After 4 years have passed, the NP commission may be renewed without having to re-take the exam provided that renewal paperwork is submitted within six (6) months of the terms expiration.

Front 3

What are individuals who receive services from a NP termed as?

Back 3

Constituents.

Front 4

What are some of the commonly performed services of a notary?

Back 4

1. Taking acknowledgements; 2. Administering oaths and affirmations; 3. Executing affidavits; and 4. Taking depositions.

Front 5

Once a document becomes notarized, is the document considered admissible in court?

Back 5

Yes. The document is presumed valid and establishes "prima facia" evidence, sometimes called presumptive evidence.

Front 6

What is the jurisdiction of a New York State notary?

Back 6

The jurisdiction extends throughout all 62 counties of the state.

Front 7

What if a constituent who lives out of state is seeking a NYS notary?

Back 7

When a NP meets with constituents seeking notary services, the meeting must take place within the boundaries of the New York State. The NYS notary cannot travel to other states to perform notary services unless duly commissioned or licensed on those other states as well.

Front 8

Why are notaries needed?

Back 8

Notaries are needed to prove the authenticity of signatures, compel truthfulness and assist in minimizing fraud.

Front 9

What are notaries NOT responsible for?

Back 9

Notaries do not guarantee the truth or accuracy of statements in the document being notarized.

Front 10

Who, in New York State, may not be a notary public?

Back 10

1. A county Sheriff cannot serve as a notary due to a state law that bars sheriffs from holding any other public office.; 2. A convicted felon

Front 11

What exam would a practicing attorney in New York be required to take as a Notary?

Back 11

Attorneys who are admitted to the NYS Bar and are practicing in New York State are not required to sit for the Notary Public exam - they must, however, submit an application and pay the mandatory fee.

Front 12

Are court clerks automatically commissioned as notaries?

Back 12

No. Court clerks of the Unified Court System who have taken the Civil Service promotional exam are exempt from testing but they must submit an application and pay the mandatory fee.

Front 13

What is the most commonly performed notarial act?

Back 13

The acknowledgement. This can be found with deeds, mortgages and other documents pertaining to real estate, as well as in other areas unrelated to real estate.

Front 14

When can a NP re-apply for commission without re-testing?

Back 14

1. Up until 6 months from expiration date. 2. Up until 1 year after military discharge (except dishonorable) 3. When the renewal is mailed to the NP reminding that expiration date is in 3 months.

Front 15

Who is appointed to accept process service on behalf of the NP who is a non-resident

Back 15

The Secretary of State

Front 16

Can a NP be denied re-appointment at time of renewal even if in excellent, good standing?

Back 16

Yes. In any case the appointment is at the complete discretion of the Secretary of State.

Front 17

What are the general NP eligibility requirements...although not limited to these?

Back 17

1. US Citizen 2. Reside or have place of business in the state 3. Good moral character 4. Common School education 5. No felony convictions, no convictions of weapons, burglary, stolen property, unlawful entry, aiding prison escape, possession/distribution of drugs, violations of the selective draft act. 6. 18 years old.

Front 18

Does a NP receive an ID or license?

Back 18

Yes. A NP receives an ID card within 2 weeks of Secretary of State receipt of passed exam with fee and application.

Front 19

What is the term of the NP commission?

Back 19

4 years.

Front 20

Who issues the NP ID/License.

Back 20

The Secretary of State and the Division of Licensing Services.

Front 21

How does the NP renew his license and when?

Back 21

Approximately 3 months prior to the expiration a renewal application is posted to the NP which must be completed and returned with the $60 fee to the County Clerk.

Front 22

What does a NP do?

Back 22

1. Receive/certify acknowledgements, deeds, mortgages, power of attorney. 2. Administer oaths/affirmations. 3. Take affidavits & depositions. 4. Demand/acceptance or payment of foreign & inland bills of exchange, promissory notes & obligations in writing protesting the same for non-payment.

Front 23

Who commissions or licenses the NP

Back 23

The Secretary of State forwards the commissions, the original oath of office and signature of the newly appointed NP to the county clerk.

Front 24

What happens when a NP moves out of the state and does not at least retain an office address within the state?

Back 24

By doing so he vacates his office/commission.

Front 25

How many NP's can a secretary of State appoint?

Back 25

As many as he/she likes.

Front 26

What are the general regulations and procedures at the test center?

Back 26

1. Photo ID; 2. Thumb print taken; 3. arrival at least 15 minutes early; 4. first come first serve; 5. Bring 2 #2 pencils; 6. No study materials allowed; 7. 1 hour to take the test, 40 multiple choice questions, at least 70% correct.

Front 27

What are 4 examples of activities involving the practice of law which are prohibited for the NP and can result in the removal from the office, possible imprisonment or both?

Back 27

1. Giving advice on law, drawing papers or any legal documents recognized by the courts; 2. Asking for or getting legal business to give to a lawyer and getting paid. (it's ok to give business to a lawyer and not get paid); 3. Notary service in wills; 4. Doing anything that infers you can give advice like advertising.

Front 28

When are the only times a NP can engage indirectly in the practice of law?

Back 28

Never. Unless representing own self.

Front 29

Of the 2 simplest forms of oath, what is required for both.

Back 29

Oath/Affirmation: 1. Person whose oath is being taken must be in the presence of the NP; 2. It must be an unequivocal & present act by which the affiant consciously takes upon himself the obligation of the oath.

Front 30

What is the alternate simplest form in which an oath may be administered for those who conscientiously decline taking an oath.

Back 30

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

Front 31

Unacceptable to the Secretary of State is "slipshod" administration. What is the simplest form which an oath may lawfully be administered by the NP?

Back 31

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

Front 32

What happens if a document is notarized by a person who is not a NP?

Back 32

Section 142-A of the Executive Law deems it valid although the fake NP can still be prosecuted.

Front 33

What choice does a woman notary who marries have for name use?

Back 33

1. Married name; 2. Both Maiden and Married name; 3. Maiden name for life

Front 34

What are the NP licensing fees?

Back 34

1. $15.00 - exam; 2. $60.00 - license; 3. $10.00 change name & address; 4. $10.00 - duplicate ID cards

Front 35

When is the one time you may take acknowledgements/affidavits over the phone or without actually seeing the person making (signing) the acknowledgement?

Back 35

Never. It is illegal.

Front 36

How is the deviation or departing from the "step by step" procedures required of the NP viewed by the authorities?

Back 36

1. serious offense; 2. illegal; 3. Subjects NP license to revocation and/or prosecution.

Front 37

Can a non-state resident be a NP in the state?

Back 37

Yes...1. We can work in the state and may reside outside state. 2. Non-residents working within the state; 3. Oath of office & signature must be filed in county of their office.

Front 38

When would the County Clerk normally be called upon to authenticate the signature of the NP? What is the fee?

Back 38

When documents will be used outside the State. $3.00 fee.

Front 39

How will you be notified of your exam result and what do you do next when you pass?

Back 39

Passed slip is mailed to you. Fill out application & return with fee.

Front 40

What type of exam is given?

Back 40

$15.00 fee. 40 question multiple choice. 70% or 28 correct answers needed to pass. Topics are law, general terms and info related to the duties & functions outlined in the "Notary Public License Law Booklet"

Front 41

Who maintains a record of the NP signature made available for public access and verification of official signature?

Back 41

The County Clerk

Front 42

Where are NPs commissioned?

Back 42

In the county of residence or county of business in the state if residing out of state.

Front 43

Can a person convicted of a criminal offense become a NP?

Back 43

Yes. Only with an executive pardon of certificate of "Good Conduct" from the parole board.

Front 44

Can anyone become a NP without taking the NP exam?

Back 44

An attorney and court clerks already practicing in the state do not take the exam.

Front 45

May a NP charge a fee?

Back 45

Yes. $2.00

Front 46

How do the courts hold an acknowledgement taken by a person financially or beneficially interested as a party to conveyance?

Back 46

Nullity-Void-No good.

Front 47

What re the powers in general for the NP?

Back 47

1. Oaths and affirmations; 2. Affidavits and depositions; 3. Acknowledgements, deeds, mortgages, powers of attorney and other instruments in writing; 4. Demand acceptance of payment foreign and inland bills of exchange, promissory notes and obligations in writing and protest the same for non-acceptance and non-payment.

Front 48

No NP shall be suspended or removed for misconduct unless what procedure occurs first?

Back 48

NP has been served with a copy of the charges and gets an opportunity of being heard.

Front 49

How do the courts hold an assignment of mortgage taken before or by a NP who is an assignee (having interest)?

Back 49

Null-Void-No good.

Front 50

What instances disqualify the NP in certain cases although still remaining eligible to hold office?

Back 50

1. Having pecuniary interest or benefiting in the action; 2. Are a party directly or indirectly of the transaction.

Front 51

Can a member of the legislature be appointed with a NP commission?

Back 51

Yes. But if being paid they vacate their seat in the legislature and power of appointment is transferred from governor and senate to the Secretary of State.

Front 52

Can a Sheriff become a NP?

Back 52

No. Sheriffs cannot hold any other public office

Front 53

Can a legislator also hold a civil office (be a notary) in the NYS government

Back 53

Yes. Provided not being paid. A legislator cannot hold a civil state office if receiving compensation.

Front 54

Does the County Clerk provide NP services to the general public?

Back 54

Yes. The County Clerk shall have one designated for business hours. Note that the County Clerk's staff is exempt from fees for exam ($15 for exam and $60 for application).

Front 55

Can one incorporator who is a NP take the acknowledgement of the other incorporator?

Back 55

No. That would make the acknowledgement Null and Void. They both are parties to the instrument and sign it.

Front 56

What are the acceptable ways the signature & seal of the County Clerk can be presented?

Back 56

Facsimile (exact copy), printed, stamped, photographed, or engraved thereon. This is different than the NP seal.

Front 57

What is on the NP ID card issued by the Secretary of State?

Back 57

ID number, name, address, county, commission term, expiration date.

Front 58

What are the procedures of appointment & fees after the "test passed" notification is received?

Back 58

1. Submit an application, $60.00 fee, passed exam slip with executed (notarized oath of office to SOS); 2. If SOS is satisfied, you are mailed NO commission and ID card; 3. $20.00 is mailed to the County Clerk by the SOS by the 10th day of the following month; 4. County Clerk keeps commission & signature on file.

Front 59

Can a person admitted to practice as an attorney within the state - who's office is in the state but resides out of the state - be a NP in New York State?

Back 59

Yes. He is deemed a resident of the county where he maintains the office.

Front 60

What convictions shall block NP appointment?

Back 60

Any felony convictions of illegal weapons, making/possessing burglar equipment, buying/receiving/possession of stolen property, unlawful entry, aiding prison escape, possession/distribution of narcotics and violating the Selective Draft Act. Vagrancy and prostitution unless executive pardon or cert of good conduct is given.

Front 61

What are the reasons to be suspended or removed from NP commission?

Back 61

Misconduct.

Front 62

Where can any NP file his signature and certificate of official character and who issues it upon request?

Back 62

The office of the County Clerk in any county in the state ($10.00 filing fee) and in any registers office. The SOS and the County Clerk can issue a certificate of official character for a fee paid by client.

Front 63

What are the fees associated with issuance of Certificate of Official Character?

Back 63

$10.00 by both the County Clerk and the SOS.