QUESTIONS AND CORRECT VERIFIED
ANSWERS BY EXPERT WITH RATIONALES (A
NEW UPDATED VERSION) LATEST 2024 |
ALREADY A GRADED (REVISED EXAM
Is a Notary Public considered a commissioned public officer? - ANSWER>>Yes, a
Notary Public is appointed by the NY Secretary of State vested by Executive Law
What is the commission's term? - ANSWER>>4 Years
How do you renew your commission once it has expired? - ANSWER>>After 4
years have passed, the NP commission may be renewed without having to retake
the exam, provided that renewal paperwork is submitted within 6 months of the
term's experation
What are individuals who receive services from a notary properly termed as? -
ANSWER>>Constituents
What are some of the commonly performed services of a notary? - ANSWER>>1.
Taking acknowledgements
2. Administering oaths and affirmations
3. Executing affidavits
4. Taking depositions
Once a document becomes notarized, is the document considered admissible in
court? - ANSWER>>Yes, the document is presumed valid and establishes "prima
facia" evidence, sometimes called presumptive evidence
,What is the jurisdiction of a New York State notary? - ANSWER>>The jurisdiction
extends throughout all 62 counties of the state
What if a constituent who lives outside of NYS is seeking a notary? -
ANSWER>>When a notary public meets with constituents seeking notary services,
the meeting take place within the boundaries of NYS. The NYS notary cannot
travel to other states to perform notary services duly commissioned or licensed
on those states as well
Why are notaries needed? - ANSWER>>Notaries are needed to provide
authenticity of signatures, compel truthfulness and assist in minimizing fraud
What are notaries NOT responsible for? - ANSWER>>Notaries do not guarantee
the truth or accuracy of statements in the document being notarized
Who in NYS may NOT be a notary public? - ANSWER>>1. A county sheriff cannot
service as a notary due to state law that bars sheriffs from holding any other
public office
2. A convicted felon
What exam would a practicing attorney in NY be required to take to serve as a
notary? - ANSWER>>Attorneys who are admitted to the NYS Bar and are
practicing in NYS are not required to sit for the NP Exam - they must, however,
submit an application and pay the mandatory fee
Are county clerks automatically commissioned as notaries? - ANSWER>>No. Court
clerks of the Unified Court System who have taken the Civil Service promotional
exam are exempt from testing, but they must submit an application and pay the
mandatory fee
What is the most commonly performed notarial act? - ANSWER>>The
acknowledgement. This can be found with deeds, mortgages, and other
, documents pertaining to real estate, as well as in other areas unrelated to real
estate
Acknowledgement - ANSWER>>A formal declaration before a duly authorized
officer by a person who has executed an instrument that such execution is their
act and deed
Administrator - ANSWER>>A person appointed by the court to manage the estate
of a deceased person who left no will
Affiant - ANSWER>>The person who makes and subscribes their signature to an
affidavit
Affidavit - ANSWER>>A signed statement, duly sworn to, by the maker thereof,
before a notary public or other officer authorized to administer oaths
Affirmation - ANSWER>>A solemn declaration made by a person who
conscientiously declines taking an oath
Apostille - ANSWER>>Department of State authentication attached to a notarized
and county-certified document for possible international use
Attest - ANSWER>>To witness the execution of a written instrument, at the
request of the person who makes it, and subscribe to the same as a witness
Attestation Clause - ANSWER>>The clause (ex. at the end of a will) wherein the
witnesses certify that the instrument has been executed before them, and the
manner of the execution of the same
Authentication (Notarial) - ANSWER>>A certificate subjoined by a county clerk to
any certificate or proof of acknowledgement or oath signed by a notary; this
county clerk's certificate authenticates or verifies the authority of the notary
public to act as such