QUEATIONS AND ANSWERS
1. Notaries public are commissioned by : The Secretary of State
2. A/An may be appointed a notary public without an examination-
: an *attorney* admitted to practice in New York State (bonus point: also exempt are
officially appointed *Court Clerks* in the NY State court system)
3. True/False:
Non-residents of New York state who have offices or places of business in the
state may also become notaries.: True.
An office or place of business is sufficient.
4. *Notary Public*
(The full definition, as laid out in NY state law.): A *public officer who executes
acknowledgements 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.
5. *Laches*: The delay or negligence in asserting one's legal rights.
6. The (1) and (2) of the notary must be filed in the
office of the county clerk of the county where the notary is located, or has
office or place of business: 1) *oath of office*, 2) *signature*
7. *Affiant*: The person who makes and subscribes their signature to an affidavit.
(Hint: the term 'affiant' may be used interchangeably
with the word *deponent*...
remember this.)
8. *Extra credit*, from NY State Law.
Fill in the blank:
"Use of the office of notary in other than the procedure
required is viewed as a serious offense.": *"specific, step-by-step"*
9. True/False:
,A notary public is allowed to administer an oath to herself or himself under
certain circumstances (by a requesting judge in a civil trial, or at the request
of the Secretary of State): False.
A notary public can never administer an oath to themselves.
10. True/False:
A jurat is not the affidavit.: True.
,The jurat is the specific part of the document where the notary public certifies that
the document was sworn to before her or him in person. The key words here are:
*sworn* and *in person.*
11. *Guardian*: A person in charge of a minor's person or property.
12. Bonus:
(From NYS Notary License Law)
"Equally unacceptable to the Secretary of State is the
administra- tion of oaths.": *"slipshod"*
13. The simplest form in which an oath may be administered:
" ?": "Do you solemnly swear that the contents of this
affidavit subscribed by you is correct and true?"
14. A/An may be used for persons who conscientiously de-
cline taking an oath.: An *affirmation*
15. *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. (Often an
*attorney*, but not always)
16. As best you can, name the activities (involving the practice of law) that are
prohibited by a notary public.
May not
May not
etc.
(How many are listed?): Four things listed:
1. May not *give advice* on the law
2. May not ask for and get *legal business* to send to a lawyer
3. May not divide or agree to *divide their fees* with a lawyer
4. May not advertise or circulate in any manner that they have powers or rights *not
granted by law*
, 17. What document is a notary never to acknowledge?: A will
18. What is *New York County* also known as?: Manhattan.
19. True/False:
The Secretary of State must have notaries commissioned in every county, and