Notary Public Exam Prep New York Question and Answer Part 1

Which NYS official commissions notaries public?

the Governor

the NYS Controller

the Secretary of State

the Attorney General

Correct! Wrong!

Judiciary Law 130

The jurisdiction of a notary public encompasses all of:

her county of residence, only.

her city or town, only.

her county and all counties adjoining his county.

all of New York State

Correct! Wrong!

Judiciary Law 130

For how many years is a notary public commissioned?

3 years

6 years

4 years

5 years

Correct! Wrong!

Judiciary Law 130

Generally, if a notary who is a non-resident of NYS fails to maintain an office in NYS:

she vacates her office as a notary.

she must reapply for appointment with the Secretary of State.

she must pay an additional fee.

none of the above

Correct! Wrong!

Judiciary Law 130

A notary public applicant must submit to the NYS Secretary of State a completed notary public application and the following:

an application fee of $80.

a copy of the applicant's social security card.

an oath of office card with the signature of the applicant.

a copy of the person's voter registration card.

Correct! Wrong!

Executive Law 131

Which of the following statements is true?

The NYS Attorney General shall issue a commission to all qualified applicants.

An index of commissions must be maintained by the county executive.

The application fee for reappointment is $25 and is paid to the county clerk.

The change of name, or change of address fee that is charged by the Secretary of State is $10.

Correct! Wrong!

Executive Law 131

Which of the following statements is false? According to Executive Law 131, notaries public have the power to:

administer affirmations and oaths

take depositions and affidavits

receive and certify proofs of deeds and mortgages

prepare a will

Correct! Wrong!

Executive Law 131

Which of the following fees is correct?

Swearing a witness/$3

Oath or affirmation/$4

Proof of execution (each person)/$3

Acknowledgment (each person)/$2

Correct! Wrong!

Executive Law 136

Which of the following is not correct? A notary must write the venue, sign the form, and print, stamp, or typewrite (in black ink) under his signature:

his name

his title 'Notary Public State of New York'

county in which he qualified

commission commencement date

Correct! Wrong!

Executive Law 137

A notary public or commissioner of deeds who is a 1) director, 2) officer, 3) employee of a corporation, or 4) a stockholder, if pecuniarily interested, may:

take the acknowledgment or proof

administer an oath to any party to a written instrument executed to or by such corporation

protest for non-payment bills of exchange, drafts, checks, notes and other negotiable instruments owned or held by such corporation

None of the preceding statements are correct.

Correct! Wrong!

Executive Law 138

Someone who has been removed from the office of notary public or commissioner of deeds is not eligible thereafter to be appointed as:

Only 1 is correct.

Only 2 is correct.

Both 1 and 2 are correct.

Both 1 and 2 are not correct.

Correct! Wrong!

Executive Law 140

Which of the following choices is false? Generally, a notary act is not deemed impaired, defective, or invalid because of:

ineligibility of notary/commissioner of deeds to be appointed.

misspelling of name or other errors in the appointment or commission.

fraud on the part of the notary

omission of notary or commissioner of deeds to take or file his official oath.

Correct! Wrong!

Executive Law 142

Which of the following is eligible to be a notary public?

a non resident alien

a commissioner of elections

a sheriff

an attorney who lives in Jersey and has an office in Pennsylvania

Correct! Wrong!

Election Law 3-200

Which of the following statements is not correct?

An oath of office may not be administered by a notary public.

A sheriff may not be commissioned a notary public.

A notary public applicant must have at least a 'common school' education.

A person over 80 may be a notary public.

Correct! Wrong!

Public Officers Law 10

Which of the following statements is false?

A fee can be collected by a public officer only if the fee is allowed by law.

Only the specified fee can be collected. Collecting greater amounts is prohibited.

Fees can be asked for services not rendered.

Punishment for violating the above rules can result in removal, and treble damages.

Correct! Wrong!

Public Officers Law 67

Which of the following choices is not correct? A notary and a commissioner of deeds cannot ask for or collect a fee for administering an oath to any of the following:

a military officer

a senior citizen

an inspector of election

a member of the legislature

Correct! Wrong!

Public Officers Law 69

"_______________" means a written instrument by which any estate or interest in real property is created, transferred, mortgaged or assigned, or by which title to real property is affected.

construction

conveyance

competency

consideration

Correct! Wrong!

Real Property Law 290

Which of the following four choices is the best answer? A notary who takes an acknowledgment:

must have satisfactory evidence that the person making it is the person described in,

is the person who executed the instrument.

both 1 and 2

neither 1 nor 2

Correct! Wrong!

Real Property Law 303

A subscribing witness must state:

the hotel at which he is staying

his type of employment

that he is a citizen of the United States

that he knew the person who executed the instrument

Correct! Wrong!

Real Property Law 304

Which of the following is not correct? A certificate of acknowledgement or proof must:

be attached to the conveyance.

have endorsed on it the signature of the person taking the acknowledgment.

have the name and subject of the testimony of each witness examined.

have the race and nationality of the subscribing witness.

Correct! Wrong!

Real Property Law 306

A notary or officer authorized to take or certify the acknowledgment or certify a proof of a conveyance etc., who is guilty of malfeasance or fraudulent practice is liable in damages to:

the Governor of the State.

all notaries.

the person injured.

county clerk.

Correct! Wrong!

Real Property Law 330

A non-attorney cannot act as an attorney. This prohibition does not apply to:

officers of societies for the prevention of cruelty.

certain law students

certain law school graduates.

all of the above

Correct! Wrong!

Judiciary Law 484

Violation of section 484 (only attorneys can practice law in NYS) is a:

Class E felony

Class D felony

petty offense

misdemeanor

Correct! Wrong!

Judiciary Law 485

Any person who unlawfully practices or assumes to practice law may be punished by the supreme court. Such a criminal proceeding may be started:

on motion of the court.

on motion of any officer investigating or prosecuting the unlawful practice of law.

by any NYS bar association.

all of the above.

Correct! Wrong!

Judiciary Law 750

Issuing a false certificate is a Class _________.

E misdemeanor.

E felony.

E petty offense.

E Family Offense.

Correct! Wrong!

Penal Law 175.40

The county clerk in each of the 62 counties in NYS has to appoint at least ______ employee(s) whose duty it is to notarize without charge documents during working hours.

Correct! Wrong!

County Law 534

If a person does not pay the safe deposit rental fee, the bank, in the presence of a notary public, can remove the contents of the safe deposit box and make an inventory of the contents of the safe deposit box. The notary must file with the bank a certificate. A copy of this certificate must be mailed to the safe deposit box renter within _____ days after the opening of safe deposit box.

Correct! Wrong!

Banking Law 335

A civil deposition:

may be taken before a notary public.

may be taken on a Sunday.

may not be taken before a notary public.

cannot be admitted at trial.

Correct! Wrong!

Civil Law 3113

A notary public:

can solemnize a marriage.

can take the acknowledgment of parties to a marriage contract.

both A and B.

neither A nor B.

Correct! Wrong!

Fees

The notary took the ____________ fee of the person and collected a $2 fee.

change of name

protest of a note

acknowledgment

none of the above

Correct! Wrong!

Fees

A person appointed by the court to handle the affairs of a decedent is called ___________.

an executor

a de facto fiduciary

an administrator

none of the above

Correct! Wrong!

Legal Terms

An ___________ is a sworn written statement. It is sworn to or affirmed to by the person making the statement.

apostile

affiant

affidavit

none of the above

Correct! Wrong!

Legal Terms

An ___________ is issued by the Secretary of State. It is attached to the document and is the authentication of the notarized document or document that has already been certified by the county clerk and is intended to be used internationally.

affidavit

administratrix

acknowledgment

apostile

Correct! Wrong!

Legal Terms

A _____________ of a document is issued by a public official who has custody of the original document. It confirms that the copy is a true copy of the original document that is on file.

bonified copy

duplicate copy

certified copy

none of the above

Correct! Wrong!

Legal Terms

A __________ is part of a will that was added to the will after the will was prepared (executed). It is attached to the will and modifies the will.

paragraph

codicil

dendum

none of the above

Correct! Wrong!

Legal Terms

____________ is anything of value that is given as an inducement for someone to agree to the contract.

Application

Entirement

Chattel

Consideration

Correct! Wrong!

Legal Terms

Real property is transferred by means of a written ____________.

transport

competence

conveyance

none of the above

Correct! Wrong!

Legal Terms

A ______ is the attachment of a legal claim on property until the debt on the property is satisfied.

loan

lean

lener

lien

Correct! Wrong!

Legal Terms

_________ is the physical area (county and state) where the notary takes the affidavit or acknowledgment.

venal

verner

vienor

venue

Correct! Wrong!

Legal Terms