NY State Notary Public Definitions 100% Correct

NY State Notary Public Definitions 100% Correct Acknowledgment ✔✔A formal declaration before a duly authorized officer by a person who has executed an instrument that such execution is his act and deed. Administrator ...

NY State Notary Public Definitions 100% Correct Acknowledgment ✔✔A formal declaration before a duly authorized officer by a person who has executed an instrument that such execution is his act and deed. Administrator ✔✔A person appointed by the court to manage the estate of a deceased person who left no will. Affiant ✔✔The person who makes and subscribes his signature to an affidavit. Affidavit ✔✔An affidavit is a signed statement, duly sworn to, by the maker thereof, before a notary public or other officer authorized to administer oaths. The venue, or county wherein the affidavit was sworn to should be accurately stated. But it is of far more importance that the affiant, the person making the affidavit, should have personally appeared before the notary and have made oath to the statements contained in the affidavit as required by law. Affirmation ✔✔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." Apostile ✔✔Department of State authentication attached to a notarized and county-certified document for possible international use. Attest ✔✔To witness the execution of a written instrument, at the request of the person who makes it, and subscribe the same as a witness. Attestation Clause ✔✔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 ex-ecution of the same. Authentication (Notarial) ✔✔A certificate subjoined by a county clerk to any certificate of proof or acknowledgment or oath signed by a notary; this county clerk's certificate authenticates or verifies the authority of the notary public to act as such. (See §133, Executive Law.) Bill of Sale ✔✔A written instrument given to pass title of personal property from vendor to vendee. Certified Copy ✔✔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 legal documents and other papers required to be filed with foreign consular officers. Chattel ✔✔Personal property, such as household goods or fixtures Chattel Paper ✔✔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. Codicil ✔✔An instrument made subsequent to a will and modifying it in some respects. Consideration ✔✔Anything of value given to induce entering into a contract; it may be money, personal services, or even love and affection. Contempt of Court ✔✔Behavior disrespectful of the authority of a court which disrupts the execution of court orders. Contract ✔✔An agreement between competent parties to do or not to do certain things for a legal consideration, whereby each party acquires a right to what the other possesses. Conveyance (Deed) ✔✔Every instrument, in writing, except a will, by which any estate or interest in real property is created, transferred, assigned or surrendered. County Clerk's Certificate ✔✔See "Authentication (Notarial)." Deponent ✔✔One who makes oath to a written statement. Technically, a person subscribing a deposition but used interchangeably with "Affiant." Deposition ✔✔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. Duress ✔✔Unlawful constraint exercised upon a person whereby he is forced to do some act against his will. Escrow ✔✔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. Executor ✔✔One named in a will to carry out the provisions of the will. Ex Parte (From One Side Only) ✔✔A hearing or examination in the presence of, or on papers filed by, one party and in the absence of the other. Felony ✔✔A crime punishable by death or imprisonment in a state prison. Guardian ✔✔A person in charge of a minor's person or property. Judgment ✔✔Decree of a court declaring that one individual is indebted to another and fixing the amount of such indebtedness. Jurat ✔✔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. Laches ✔✔The delay or negligence in asserting one's legal rights. Lease ✔✔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. Lien ✔✔A legal right or claim upon a specific property which attaches to the property until a debt is satisfied. Litigation ✔✔The act of carrying on a lawsuit. Misdemeanor ✔✔Any crime other than a felony. Mortgage On Real Property ✔✔An instrument in writing, duly executed and delivered that creates a lien upon real estate as security for the payment of a specified debt, which is usually in the form of a bond. Notary Public ✔✔A public officer who executes acknowledgments of deeds or writings in order to render them available as evidence of the facts therein contained; administers oaths and affirmation as to the truth of statements contained in papers or documents requiring the administration of an oath. The notary's general authority is defined in §135 of the Executive Law Oath ✔✔A verbal pledge given by the person taking it that his statements are made under an immediate sense of this responsibility to God, who will punish the affiant if the statements are false. Plaintiff ✔✔A person who starts a suit or brings an action against another. Power of Attorney ✔✔A written statement by an individual giving another person the power to act for him. Proof ✔✔The formal declaration made by a subscribing witness to the execution of an instrument setting forth his place of residence, that he knew the person described in and who executed the instrument and that he saw such person execute such instrument. Protest ✔✔A formal statement in writing by a notary public, under seal, that a certain bill of exchange or promissory note was on a certain day presented for payment, or acceptance, and that such payment or acceptance was refused. Seal ✔✔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 of State that the only inscription required is the name of the notary and the words "Notary Public for the State of New York." Signature of Notary Public ✔✔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 Statute ✔✔A law established by an act of the Legislature Statute of Frauds ✔✔State law which provides that certain contracts must be in writing or partially complied with, in order to be enforceable at law. Statute of Limitations ✔✔A law that limits the time within which a criminal prosecution or a civil action must be started. Subordination Clause ✔✔A clause which permits the placing of a mortgage at a later date which takes priority over an existing mortgage. Sunday ✔✔A notary public may administer an oath or take an affidavit or acknowledgment on Sunday. However, a deposition cannot be taken on Sunday in a civil proceeding. Swear ✔✔This term includes every mode authorized by law for administering an oath. Taking an Acknowledgment ✔✔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. Venue ✔✔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 Will ✔✔The disposition of one's property to take effect after death Schedule of FeesAppointment as Notary PublicTotal Commission Fee ✔✔$60 ($40 appointment and $20 filing of Oath of Office) Change of Name/Address ✔✔$10 Duplicate Identification Card ✔✔$10 Issuance of Certificate of Official Character ✔✔$5 Filing Certificate of Official Character ✔✔$10 Authentication Certificate ✔✔$3 Protest of Note, Commercial Paper, etc. ✔✔$.75 Each additional Notice of Protest (limit 5) ✔✔$.10 Oath or Affirmation ✔✔$2 Acknowledgment (each person) ✔✔$2 Proof of Execution (each person) ✔✔$2 Swearing Witness ✔✔$2 Class D Felony (Intent to defraud) ✔✔3 to 7 years Class E Felony (Issue false certificate) ✔✔3 to 4 years Class A Misdemeanor ✔✔Shall be a definite sentence not exceeding 1 year