25 questions from the New York Notary Public License Law. Pick an answer to see the rule behind it.
1. What information regarding the notary's signature must be included in the exemplar provided during registration for electronic notarial acts?
Answer: The notary public’s name and any necessary instructions or techniques that allow the electronic signature to be read. The registration requirements specify that the exemplar must include the name and instructions/techniques to ensure the electronic signature is readable.
New York Notary Public License Law, page 9: “an exemplar of the notary public’s electronic signature, which shall contain the notary public’s name and any necessary instructions or techniques that allow the notary public’s electronic signature to be read.”
2. According to §303, what condition must be met before an officer takes an acknowledgment?
Answer: The officer must have satisfactory evidence that the person making the acknowledgment is the person described in and who executed the instrument. The law states that the officer must know or have satisfactory evidence of the signer's identity before taking the acknowledgment.
New York Notary Public License Law, page 11: “An acknowledgment must not be taken by any officer unless he knows or has satisfactory evidence, that the person making it is the person described in and who executed such instrument.”
3. What restriction applies to a notary regarding the division of fees with attorneys?
Answer: They may not divide or agree to divide their fees with a lawyer. The law prohibits notaries from dividing fees with lawyers or accepting part of a lawyer's fee.
New York Notary Public License Law, page 5: “May not divide or agree to divide his fees with a lawyer, or accept any part of a lawyer’s fee on any legal business.”
4. Under New York law regarding electronic notarial acts, which of the following is a required characteristic of a notary public's electronic signature to be deemed reliable?
Answer: It must be unique to the notary public. The law lists being unique to the notary public as a requirement for a reliable electronic signature.
New York Notary Public License Law, page 9: “Such regulations shall include, but not be limited to, the requirements that such electronic signature be: (i) unique to the notary public;”
5. Which of the following is NOT a required element of the audio-video conference recording for an electronic notarial act?
Answer: The discussion or display of personally identifiable information. The law specifies that the recording must exclude personally identifiable information, making its inclusion incorrect.
New York Notary Public License Law, page 18: “The recording shall not include the discussion or display of any personally identifiable information”
6. When completing the uniform form for a certificate of acknowledgment without this State, what information must be filled in the blanks regarding the signer?
Answer: The name of the individual whose name is subscribed to the instrument. The form instructions indicate that the blank following "personally appeared" is for the name of the individual whose signature is on the instrument.
New York Notary Public License Law, page 12: “before me, the undersigned, personally appeared . . . . . ., personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument”
7. What is the legally equivalent affirmation that may be used for persons who conscientiously decline taking an oath?
Answer: "Do you solemnly, sincerely and truly declare and affirm that the statements made by you are true and correct?". The law provides this specific wording as the legally equivalent affirmation for those declining an oath.
New York Notary Public License Law, page 5: “Alternatively, the following affirmation may be used for persons who conscientiously decline taking an oath. This affirmation is legally equivalent to an oath and is just as binding: “Do you solemnly, sincerely and truly declare and affirm that the statements made by you are true and correct?””
8. According to §182.11, what is the specific fee amount an electronic notary public is entitled to receive for each electronic notarial act performed?
Answer: Twenty-five dollars. The law states that the fee for each electronic notarial act is twenty-five dollars.
New York Notary Public License Law, page 19: “An electronic notary public shall be entitled to a fee of twenty-five dollars for each electronic notarial act performed, which shall be inclusive of all costs incurred by the notary public.”
9. Under Executive Law §135-a, what is the consequence for a notary public who practices fraud or deceit while performing their duties?
Answer: They are guilty of a misdemeanor and may be removed from office. The law states that practicing fraud or deceit results in a misdemeanor conviction and potential removal from office.
New York Notary Public License Law, page 14: “A notary public who, in the performance of the duties of such office shall practice any fraud or deceit, is guilty of a misdemeanor (Executive Law, §135-a), and may be removed from office.”
10. Under §137, what alternative title may a notary public who is also a licensed attorney use in place of 'Notary Public' in their official statement?
Answer: Attorney and Counselor at Law. The law permits attorneys to use the specific phrase 'Attorney and Counselor at Law' instead of the standard notary title.
New York Notary Public License Law, page 10: “A notary public who is duly licensed as an attorney and counselor at law in this State may, substitute the words “Attorney and Counselor at Law” for the words “Notary Public.””
11. When is a notary public entitled to receive a fee for administering an oath?
Answer: Only when a fee is expressly allowed by law for that specific service. The rule establishes that duties imposed by law are performed without fee unless a specific statutory allowance exists for that service.
New York Notary Public License Law, page 14: “Each public officer upon whom a duty is expressly imposed by law, must execute the same without fee or reward, except where a fee or other compensation therefor is expressly allowed by law.”
12. According to §182.5(b)(1), which of the following is a required characteristic of a government-issued identification card used for satisfactory evidence of identity?
Answer: It must include the signature of the bearer. The law lists the inclusion of the bearer's signature as requirement (iv) for identification cards.
New York Notary Public License Law, page 17: “(iv) includes the signature of the bearer;”
13. Which of the following is a mandatory component of the records a notary public must maintain pursuant to this Part?
Answer: The approximate time and type of notarial acts performed. The law lists the date, approximate time, and type of notarial acts as required record elements.
New York Notary Public License Law, page 18: “(1) the date, approximate time, and type of notarial acts performed;”
14. How must a notary public handle their signature and seal if they elect to use their married name after marrying during their term of office?
Answer: They must continue to use the name under which they were commissioned in their signature and seal, adding their married name in parentheses after the signature. The rule requires maintaining the original commissioned name in the signature and seal while adding the married name in parentheses.
New York Notary Public License Law, page 21: “However, if he/she elects to use his/her marriage name, then for the balance of his/her term as a notary public he/she must continue to use the name under which he/she is commissioned in his/her signature and seal when acting in his/her notarial capacity, adding after his/her signature his/her married name, in parentheses.”
15. In the context of electronic notarial acts under §182.5(d), how can an electronic notary public provide satisfactory evidence of identity for an individual appearing through communication technology?
Answer: By attesting that the individual is personally known to them. Section 182.5(d) allows an electronic notary to use personal knowledge attestation as satisfactory evidence of identity, provided other requirements are met.
New York Notary Public License Law, page 17: “Provided that all other requirements of this Part are met, attestation by an electronic notary public that an individual appearing through communication technology is personally known to them is satisfactory evidence of identity for electronic notarial acts.”
16. When performing an electronic notarial act, what is the requirement regarding the physical location of the notary public?
Answer: The notary must be physically located within the boundaries of New York. Section 182.4(a)(3) mandates that the notary be physically present within New York State boundaries during the act.
New York Notary Public License Law, page 16: “be physically located within the boundaries of New York when performing electronic notarial acts;”
17. Under §182.5(b)(2), what is the minimum requirement for using documents to establish satisfactory evidence of identity?
Answer: Two current documents issued by an institution, business entity, or government with at least the individual's signature. The rule specifies that satisfactory evidence can be provided by at least two current documents from specified sources containing the individual's signature.
New York Notary Public License Law, page 17: “(2) at least two current documents issued by an institution, business entity, or federal or state government with at least the individual's signature;”
18. Under New York Real Property Law §290, which of the following instruments is excluded from the definition of a "conveyance"?
Answer: A lease for a term not exceeding three years. The statute lists leases for terms not exceeding three years as exceptions to the definition of a conveyance, whereas mortgages and instruments in execution of power are included.
New York Notary Public License Law, page 11: “except a will, a lease for a term not exceeding three years, an executory contract for the sale or purchase of lands, and an instrument containing a power to convey real property as the agent or attorney for the owner of such property.”
19. How must the signal transmission of the communication technology be secured during an electronic notarial act?
Answer: It must be secure from interception through lawful means by anyone other than the parties to the notarial act. The law specifies that the transmission must be secure from interception by anyone other than the parties involved.
New York Notary Public License Law, page 18: “(3) include a signal transmission secure from interception through lawful means by anyone other than the parties to the notarial act;”
20. Under Executive Law §130, which specific group of applicants is exempt from the Secretary of State's requirement to verify good moral character, common school education, and familiarity with notarial duties before appointment?
Answer: Attorneys and counselors at law duly admitted to practice in the state, or court clerks of the Unified Court System appointed after a Civil Service promotional examination. The law exempts attorneys and specific court clerks from the standard qualification checks performed by the Secretary of State.
New York Notary Public License Law, page 5: “Before issuing to any applicant a commission as notary public, unless he or she be an attorney and counselor at law duly admitted to practice in this state or a court clerk of the Unified Court System who has been appointed to such position after taking a Civil Service promotional examination in the court clerk series of titles, the Secretary of State shall satisfy himself or herself that the applicant is of good moral character, has the equivalent of a common school education and is familiar with the duties and responsibilities of a notary public”
21. Under §182.3(a)(5), when must a notary public disqualify themselves from performing a notarial act?
Answer: When the notary is a party or directly and pecuniarily interested in the transaction. The rule mandates disqualification if the notary has a direct financial interest or is a party to the transaction.
New York Notary Public License Law, page 16: “disqualify themselves from performing notarial acts for transactions in which the notary is a party or directly and pecuniarily interested in the transaction;”
22. What capability must the communication technology used for electronic notarial acts possess regarding the electronic record?
Answer: It must ensure the electronic record presented is the same record electronically signed by the principal. The rule requires technology that ensures the integrity of the record matches what the principal signed.
New York Notary Public License Law, page 18: “provide some manner of ensuring that the electronic record that is presented for electronic notarization is the same record electronically signed by the principal”
23. If a principal is located outside the United States during an electronic notarial act, what condition must the record or subject matter meet?
Answer: The record must involve property located in the territorial jurisdiction of the United States or a transaction substantially connected with the United States. When the principal is abroad, the law requires the record to relate to a US-jurisdiction matter or involve US property/transactions.
New York Notary Public License Law, page 9: “If the principal is outside the United States, the record or subject of the notarial act: (1) is to be filed with or relates to a matter before a public official or court, governmental entity, or other entity subject to the jurisdiction of the United States; or (2) shall involve property located in the territorial jurisdiction of the United States or shall involve a transaction substantially connected with the United States.”
24. Which of the following is a specific disqualification for acting as a notary public in a particular transaction?
Answer: Being a party to or directly and pecuniarily interested in the transaction. The law establishes that having a direct pecuniary interest or being a party to the transaction disqualifies the notary from acting in that specific instance.
New York Notary Public License Law, page 7: “if the notary is a party to or directly and pecuniarily interested in the transaction, the person is not capable of acting in that case.”
25. What is the consequence for a conveyance if the false certification within it is deemed a forgery?
Answer: The conveyance is invalid. The law states that because the false certification makes the document a forgery, the conveyance itself is therefore invalid.
New York Notary Public License Law, page 19: “While the absence of guilty knowledge or criminal intent would absolve the notary from criminal liability, the conveyance, of which the false certification is an essential part, is a forgery and, therefore, invalid. (Caccioppoli v. Lemmo, 152 App. Div. 650.)”