Nys Notary Terms

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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 act and deed.

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Interest as a disqualification.

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A notary public should not take an acknowledgment to a legal instrument to which the notary is a party in interest.

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Requisites of acknowledgments

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An acknowledgment must not be taken by any officer unless he knows or has satisfactory evidence, that the person making it is the person described in and who executed such instrument.

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Fraudulent certificates of acknowledgment

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A notary public whoknowingly makes a false certificate that a deed or other written instrumentwas acknowledged by a party there to is guilty of forgery in the seconddegree, which is punishable by imprisonment for a term of not exceeding7 years

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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.

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Affiant

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The person who makes and subscribes his signature to an affidavit

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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; if a person has religious or conscientious scruples against taking an oath, the notary public should have the person affirm. The following is a form of affirmation: “Do you solemnly, sincerely, and truly, declare and affirm that the statements made by you are true and correct"

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Apostile

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Department of State authentication attached to a notarized and countycertifieddocument for possible international use

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Attest

Back 10

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

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Attestation Clause

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That clause (e.g., at the end of a will) 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 (Notarial)

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A certificate subjoined by a county clerk to any certificate of proof oracknowledgment or oath signed by a notary; this county clerk’s certificateauthenticates or verifies the authority of the notary public to act as such

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Bill of Sale

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A written instrument given to pass title 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 by the public official having custody of the original. A notary public has no authority to issue certified copies. Notaries must not certify to the authenticity of legaldocuments and other papers required to be filed with foreign consular officers

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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. The agreement which creates or provides for the security interest is known as a security agreement.

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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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Consideration

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Anything of value given to induce entering into a contract; it may bemoney, 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 theexecution of court orders

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Contract

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An agreement between competent parties to do or not to do certain thingsfor a legal consideration, whereby each party acquires a right to what theother possesses

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Conveyance (Deed)

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

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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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The 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 lawto 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 dosome 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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Executor

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

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Ex Parte (From One Side Only)

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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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Felony

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A crime punishable by death or imprisonment in a state prison

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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 andfixing the amount of such indebtedness

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Jurat

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A jurat is that part of an affidavit where the officer (notary public) certifies that it was sworn to before him. It is not the affidavit

Extra Info

The following is the form of jurat generally employed: “Sworn to before me this ........ day of ........, 20 ......” Those words placed directly after the signature in the affidavit stating that the facts therein contained were sworn to or affirmed before the officer (notary public) together with his official signature

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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 isentitled to the possession of real property transfers such right to anotherfor life, for a term of years or at will

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Lien

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A legal right or claim upon a specific property which attaches to theproperty until a 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

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Mortgage On Real Property

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An instrument in writing, duly executed and delivered that creates a lienupon real estate as security for the payment of a specified debt, which isusually in the form of a bond

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Notary Public

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A public officer who executes acknowledgments of deeds or writings inorder to render them available as evidence of the facts therein contained;administers oaths and affirmation as to the truth of statements contained inpapers 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/her statements are made under an immediate sense of this responsibility to God, who will punish the affiant if the statements are false

Notaries public must administer oaths and affirmations in manner and form as prescribed by the Civil Practice Law and Rules, namely

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Plaintiff

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A 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 toact for him

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Proof

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The formal declaration made by a subscribing witness to the execution ofan instrument setting forth his place of residence, that he knew the persondescribed in and who executed the instrument and that he saw such personexecute such instrument

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Protest

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A formal statement in writing by a notary public, under seal, that a certainbill of exchange or promissory note was on a certain day presented forpayment, or acceptance, and that such payment or acceptance was refused

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Seal

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The laws of the State of New York do not require the use of seals by notaries public. If a seal is used, it should sufficiently identify the notary public, his authority and jurisdiction. It is the opinion of the Department ofState that the only inscription required is the name of the notary and thewords “Notary Public for the State of New York.”

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Signature of Notary Public

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A notary public must sign the name under which he was appointed and no other. In addition to his signature and venue, the notary public shall print,typewrite or stamp beneath his signature in black ink, his name, the words“Notary Public State of New York,” the name of the county in which he is qualified, and the date upon which his commission expires

When a notary marries during the term of office for which he/she was appointed, he/she may continue to use the name under which he/she was commissioned as a notary public.

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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 orpartially 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 civilaction 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 whichtakes priority over an existing mortgage

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Sunday

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A notary public may administer an oath or take an affidavit or acknowledgment on Sunday. However, a deposition cannot be taken onSunday in a civil proceeding

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Swear

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This term includes every mode authorized by law for administering anoath

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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 is the person named in the instrument and acknowledging that he executed such instrument; also includes the act of the notary public in obtaining satisfactory evidence of the identity of the person whose acknowledgment is taken.The notary public “certifies to the taking of the acknowledgment” whenthe notary signs his official signature to the form setting forth the fact ofthe taking of the acknowledgment

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Venue

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The geographical place where a notary public takes an affidavit or acknowledgment. Every affidavit or certificate of acknowledgment should show on its face the venue of the notarial act. The venue is usually set forth at the beginning of the instrument or at the top of the notary’s jurat,or official certification

i.e. your location at time of acknowledgment or taking an affidavit

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Will

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The disposition of one’s property to take effect after death

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Change of Name/Address

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$10.00

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Duplicate Identification Card

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$10.00

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Filing Certificate of Official Character

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$10.00

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Issuance of Certificate of Official Character

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$5.00

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Oath or Affirmation

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$2.00

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Acknowledgment (each person)

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$2.00

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Proof of Execution (each person)

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$2.00

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Swearing Witness

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$2.00

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Authentication Certificate

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$3.00