Vocabulary
The disposition of one’s property to take effect after death
What is a Will
If a Notary refuses to notarize an affidavit presented for NY notary Mobile services. What is the potential maximum jail sentence?
A. One month.
B. Three months
C. Six months.
D. One Year
What is D One year
A hearing or examination in the presence of, or on papers filed by, one party and in the absence of the other.
What is Ex Parte
A notary at the time of appointment must be either a NYS resident or have a place of business in New York State.
What is True
Who can appoint a Notary public to be a member of the legislature?
A Notary Public may be appointed as a member of the legislature by the governor and senate to the Secretary of State.
This term includes every mode authorized by law for administering an oath
What is Swear
What is the name of the location where the Notary notarizes something?
A) Protest for non-payment
B) Venue.
C) Affidavit
D) Mobile Notary
What is B venue
Decree of a court declaring that one individual is indebted to another and fixing the amount of such indebtedness.
What is a Judgment
No person shall be appointed a notary who has been convicted of any misdemeanor.
What is False, A person cannot be appointed a notary if convicted of a
FELONY.
Can a Notary Public stamp or sign a document without the person being there?
No, they cannot. That would be considered misdemeanor.
Anything of value given to induce entering into a contract; it may be money, personal services, or even love and affection
What is Consideration
If a Notary moves to another state but still works in N.Y.S. he/she:
A) Will pay an additional $15 out of state fee
B) No longer is qualified
C) Must get NY driver's license
D) Still is a qualified non-resident-resident".
What is a D Still is a qualified non-resident-resident
A contract whereby, for a consideration, usually termed rent, one who is entitled to the possession of real property transfers such right to another for life, for a term of years or at will.
What is Lease
A sheriff may be appointed notary public.
What is False, Sheriffs cannot hold any other office.
What happens if a member of legislature is appointed to office?
A member of legislature may hold two public offices (legislature and notary). However, if she is appointed to any other office in NYS government, they cannot hold 2 public offices except if the position is accepted without pay
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 law to be taken, which is intended to be used at the trial or hearing
What is Deposition
If your neighbor you know asks you to notarize an affidavit you must?
A) Administer an Oath of office.
B) Administer an Oath & fill out the Jurat.
C) Require a government issued, photo identification.
D) Do a Protest for Non Payment certificate.
What is B Administer an Oath & fill out the Jurat.
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 agreemen
What is Chattel Paper
A certification of a notarial signature is issued by the court.
What is False, A certification of a notarial signature is issued by the county clerk for a fee of $3.
When should a Notary Public disqualify themself from participating in the notarizing of documents?
When they have any type of interest and therefore cannot be an impartial witness. Beneficial (when you get tangible gain), financial (monetary reward except when you had no prior knowledge like a bonus), emotional (something that would cause you to influence the signing - relative).
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
What is Escrow
The notary certificate of a witness to the execution of a real estate conveyance is called
A. Qualified resident.
B. Official Character
C. Proof certificate
D. None of the above
What is C Proof Of Certificate
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
What is a Jurat
The Secretary of State shall collect $1 for the issuance of a Certificate of Official Character.
What is True, the county clerk collects $1 for the FILING of the Certificate of Official Character and $ for the ISSUANCE of a Certificate of Official Character with seal attached.
However, you may see $10 fee for issue fee and $5 for filing fee
When is a Public Servant Guilty of Official Misconduct?
A public servant is guilty of official misconduct when, with the intent to obtain a benefit, injure, or deprive another person of a benefit by knowingly: 1) Constituting an unauthorized act in exercising his official function. (ie: backdating a notary certificate) 2) Refrains from performing his official duty (ie: declines to notarize)