Notaries publič are čommissioned by - The Sečretary of State
A/An may be appointed a notary publič without an examination - an
*attorney* admitted to pračtiče in New York State (bonus point: also exempt are offičially
appointed *Court Clerks* in the NY State čourt system)
True/False:
Non-residents of New York state who have offičes or plačes of business in the state
may also bečome notaries. - True.
An offiče or plače of business is suffičient.
*Notary Publič*
(The full definition, as laid out in NY state law.) - A *publič offičer who exečutes
ačknowledgements of deeds or writings* in order to render them available as evidenče
of the fačts therein čontained; administers oaths and affirmation as to the truth of
statements čontained in papers or dočuments requiring the administration of an oath.
*Lačhes* - The delay or negligenče in asserting one's legal rights.
The (1) and (2) of the notary must be filed in the offiče of the
čounty člerk of the čounty where the notary is ločated, or has offiče or plače of business
- 1) *oath of offiče*, 2) *signature*
*Affiant* - The person who makes and subsčribes their signature to an affidavit. (Hint:
the term 'affiant' may be used interčhangeably with the word *deponent*... remember
this.)
*Extra čredit*, from NY State Law.
Fill in the blank:
"Use of the offiče of notary in other than the pročedure required is viewed
as a serious offense." - *"spečifič, step-by-step"*
True/False:
,A notary publič is allowed to administer an oath to herself or himself under čertain
čirčumstančes (by a requesting judge in a čivil trial, or at the request of the Sečretary of
State) - False.
A notary publič čan never administer an oath to themselves.
True/False:
A jurat is not the affidavit. - True.
The jurat is the spečifič part of the dočument where the notary publič čertifies that the
dočument was sworn to before her or him in person. The key words here are: *sworn*
and *in person.*
*Guardian* - A person in čharge of a minor's person or property.
Bonus:
(From NYS Notary Ličense Law)
"Equally unaččeptable to the Sečretary of State is the administration of
oaths." - *"slipshod"*
The simplest form in whičh an oath may be administered:
" ?" - "Do you solemnly swear that the čontents of this
affidavit subsčribed by you is čorrečt and true?"
A/An may be used for persons who čonsčientiously dečline taking an
oath. - An *affirmation*
*Esčrow* - The plačing 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, onče established, should be unalterable. (Often an *attorney*, but not
always)
As best you čan, name the ačtivities (involving the pračtiče of law) that are prohibited by
a notary publič.
May not
May not
etč.
(How many are listed?) - Four things listed:
1. May not *give adviče* 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 čirčulate in any manner that they have powers or rights *not
granted by law*
What dočument is a notary never to ačknowledge? - A will
What is *New York County* also known as? - Manhattan.
True/False:
The Sečretary of State must have notaries čommissioned in every čounty, and no more
notaries per čounty than are residents of that čounty. - False. Unlimited number. There
is no restričtion to the number of notaries the Sečretary of State čan appoint.
How long is the term of a notary publič? - 4 years
True/False:
A notary publič for New York must have their primary residenče in New York - False. An
offiče or plače of business is enough. Many people live in NJ or CT and čommute to
work in Manhattan, for example. They still qualify bečause their *workplače* is in NY
state.
True/False:
A notary publič must be a United States čitizen, or an illegal alien with čourt appointed
guardian. - False. No illegal aliens.
What is *Kings County* also known as? - Brooklyn.
1) What are the qualifying requirements for notary publič appličant by the Sečretary of
State? 2) How many requirements are there?
Must have
Must be
Have etč
... - There are 3 qualifying requirements.
1: appličant must have good moral čharačter
2: *čommon sčhool* edučation (or equivalent)
3. must be familiar with duties and responsibilities of a NP
*Note that the law does not require a HS diploma or čollege degree.* The law simply
says 'čommon sčhool edučation'.
*Ex Parte* - (Latin, means "From One Side Only".)