NYS Notary Public License Law. Exam questions and answers. Rated A+

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Who are NPs commissioned (appointed) by? - ✔✔Secretary of State Where is the official signature of the NP kept? Why? - ✔✔County Clerks office - so that the County Clerk can authenticate the... notary signature and attest to the notary's authority to sign Can a NP take acknowledgements and affidavits over the phone? - ✔✔No, need the actual, personal appearance of the individual making the acknowledgement of the affidavit - must require the APPEARANCE of parties - must PROVE the identity of parties A NP must ALWAYS administer an "oath" or "affirmation." What is the simplest form in which an oath may be lawfully administered? (to avoid slipshod administration of oaths) - ✔✔OATH - "Do you solemnly swear that the contents of this affidavit subscribed by you is correct and true?" AFFIRMATION - "Do you solemnly, sincerely, and truly declare and affirm that the statements made by you are true and correct?" List the activities that involve the practice of law that are PROHIBITED. (Subject to NP's removal from office by SoS and possible imprisonment, fine, or both) - ✔✔1. May not give advice on the law (may not draw any kind of legal papers - wills, leases, bankruptcy) 2. May not ask for and get legal business ( to send to a lawyer) 3. May not divide or agree to divide fees with a lawyer 4. Never advertise, or circulate, or say that you have powers beyond law of notary What are the requirements to be appointed a NP by the Secretary of State? - ✔✔1. Must be a citizen of the US 2. Must be a resident of NYS or have an office in NYS (move out of state and office still in state = OK) (move out of state and office or residence not in state = Vacate office) 3. No felony (be of good moral character) 4. Have a common school equivalent (6th grade) 5. Be familiar with duties by successful completion of state exam FYI - an attorney or counselor in NYS can be appointed and maintain NP even if he resided in adjoining state How long is the term? - ✔✔4 years What is the process of suspension from appointment? - ✔✔The S of S my suspend or remove a NP from office for misconduct...but first...the NP needs to be served with a copy of the charges against him/her and have an opportunity to be heard at a hearing What are the procedures for appointment, fees, and commissions? (First 4) - ✔✔1. Submit application to S of S (with official signature and oath of office) 2. If satisfied with competency and good character - S of S will issue a commission to applicant and the signature and oath will filed 3. S of S will receive the application fee of $60 4. Mail NP an ID card What are the procedures for appointment, fees, and commissions? (County Clerk) - ✔✔1. Copy of original oath/official signature and $20 will be sent to County Clerk (by 10th day of the next month) 2. County Clerk will make an index of commission and signature What are the procedures for reappointments? - ✔✔1. Send $60 reappointment fee to the County Clerk 2. A dated commission and $40 will be sent to the S of S by the 10th day of the following month 3. S of S will make a record of the transmission * Both the S of S and County Clerk will always have your commission on file (Check and Balances) What are the fees and process for name/address change and duplicate ID card? - ✔✔Name/address change - send $10 to the S of S //// Duplicate ID Card - form and $10 to S of S ("duplicate" will be stamped on the card) /// Report lost or stolen cards immediately What four elements must identification contain? Types? - ✔✔photo; signature; physical description; expiration (may not be expired) //// US Drivers License, non-drivers license, US military card, green card OR personal acquaintance (known for at least 7 years) If ID is inadequate or if NP is unable to obtain ID due to age or physical disability use a credible witness. Who is a credible witness? - ✔✔personally known by signer and you, trustworthy and impartial, both take oath and sign What is a subscribing witness? - ✔✔In the absences of the actual signer, the subscribing witness must personally know the signer, take oath, sign document, produce address, and have witnessed the signature of the actual signer and not be a party to or receiving an interest from the instrument Which appointees are waived from the exam? - ✔✔licensed attorneys and an appointed Court Clerk of the US Court System who passed the Civil Service Promotional Exam What is the renewal process (include military)? - ✔✔1. Renewal application will come 90 days prior to expriation 2. Submit to County clerk notarized application with "official signature" and "oath of office" $60 4. $40 to S or S and S of S makes an index of commission Must renew within 30 days - if not - commission expires - reapply within 6 months - if not - retake test Military personnel receive a 1 year extension only after an honorable discharge What is the purpose of the Certificate of Official Character of NP? Executive Law? - ✔✔NP may file their signature and certificate of official character in NY with an County Clerk's office - there is no need because your commission is good in any county in the state - however, sometimes people choose to file their signatures in another county if most of their notarizations occur in a different county - $10 certificate / $10 filing / $5 if seal attached ///// The signature and seal of a county clerk in issuing the certificate may be faxed, printed, stamped, photographed or engraved upon a document. What is the Certification of Notarial Signatures? - ✔✔Sometimes notarized documents that are introduced as evidence or recorded instruments (deeds) may require a County Clerk's Certification - $3 - The County Clerk is certifying that you are authorized, commissioned, and your signature is authentic What is the Executive Law? - ✔✔Any person removed from office as Commissioner of Deeds (in NYC) is ineligible for Notary Public commission and/or reappointment as Commissioner of Deeds (misdemeanor) What is the Election Law? - ✔✔A Commissioner of elections or inspector of elections is eligible for the office of NP. They can hold 2 public offices simultaneously (usually NYS prohibits you from holding 2 Public Offices) What is the Public Officers Law? - ✔✔Notary must not acct before taking and filing the oath of office - if you act without doing this you are guilty of a misdemeanor What is the County Law? - ✔✔Each County Clerk will select a staff member to be a NP (free of charge for the public). This individual is exempt from the application and examination fee. 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 gov. they cannot hold 2 public offices except if the position is accepted without pay Can Sheriffs be NP? - ✔✔No. Sheriffs can hold no other office. When should a NP disqualify herself from participating in the notarizing of documents? - ✔✔1. When she has 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) What are the rules for notarizing? - ✔✔1. Do not notarize [Show More]

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