25 questions from the New York Notary Public License Law. Pick an answer to see the rule behind it.
1. According to the definitions in Part 182, what specific requirement distinguishes an 'electronic notary public' from a standard 'Notary Public'?
Answer: They must have registered with the secretary of state the capability of performing electronic notarial acts. The law defines an electronic notary specifically by their registration with the secretary of state for electronic capabilities, distinct from the general appointment process.
New York Notary Public License Law, page 15: ““Electronic notary public” or “electronic notary” means a notary public or notary who has registered with the secretary of state the capability of performing electronic notarial acts in accordance with section 135-c of the Executive Law and this Part.”
2. What specific statement must a notary public include in a non-English advertisement for their services?
Answer: "I am not an attorney licensed to practice law and may not give legal advice about immigration or any other legal matter or accept fees for legal advice.". The law requires this exact disclaimer to be posted with non-English advertisements to clarify the notary's role.
New York Notary Public License Law, page 8: ““I am not an attorney licensed to practice law and may not give legal advice about immigration or any other legal matter or accept fees for legal advice.””
3. In the context of Real Property Law §290, which of the following is included in the definition of a 'conveyance'?
Answer: An instrument postponing or subordinating a mortgage lien. The definition includes instruments postponing or subordinating a mortgage lien, while listing wills, short leases, and executory contracts as exceptions.
New York Notary Public License Law, page 11: “The term “conveyance” includes every written instrument, by which any estate or interest in real property is created, transferred, mortgaged or assigned, or by which the title to any real property may be affected, including an instrument in execution of power, although the power be one of revocation only, and an instrument postponing or subordinating a mortgage lien; 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.”
4. How is a 'record' defined in the context of these notary regulations?
Answer: Information inscribed on a tangible medium or stored electronically that is retrievable in perceivable form. The definition covers information on tangible media or electronic media, provided it is retrievable in perceivable form.
New York Notary Public License Law, page 15: ““Record” means information that is inscribed on a tangible medium or stored in an electronic or other medium and is retrievable in perceivable form.”
5. According to the Miscellaneous section regarding Sheriffs, what restriction applies to a sheriff holding other offices?
Answer: Sheriffs shall hold no other office. The constitutional provision cited in the law states that sheriffs are restricted from holding any other office.
New York Notary Public License Law, page 7: “Sheriffs shall hold no other office.”
6. Which of the following is a required element in the uniform form for a proof of execution by a subscribing witness under §309-a?
Answer: The witness must state that they personally know the individual described in the instrument. The uniform form in §309-a requires the subscribing witness to state that they know the individual described in and who executed the instrument.
New York Notary Public License Law, page 12: “that he/she/they know(s) . . . . . . to be the individual described in and who executed the foregoing instrument”
7. Under §140 of the Executive Law, what is the consequence for a person removed from office as a commissioner of deeds who continues to sign instruments as a notary public after knowing of their removal?
Answer: They are deemed guilty of a misdemeanor. The statute specifies that continuing to act as a notary after removal from office constitutes a misdemeanor.
New York Notary Public License Law, page 7: “Any person who has been removed from office as aforesaid, who shall, after knowledge of such removal, sign or execute any instrument as a commissioner of deeds or notary public shall be deemed guilty of a misdemeanor.”
8. According to §136, what is the fee structure for taking and certifying the acknowledgment of a written instrument when multiple persons are involved?
Answer: $2 for the first person and $2 for each additional person. The statute specifies a base fee of $2 for one person and an additional $2 fee for every subsequent person involved in the acknowledgment.
New York Notary Public License Law, page 10: “For taking and certifying the acknowledgment or proof of execution of a written instrument, by one person, $2, and by each additional person, $2”
9. Under §135-b, after how many violations of the advertising provisions may the secretary of state remove a notary public from office?
Answer: Upon a third violation. The law specifies that suspension occurs upon the second violation, while removal from office is permitted upon the third violation.
New York Notary Public License Law, page 8: “The secretary of state may suspend a notary public upon a second violation of any of the provisions of this section and may remove from office a notary public upon a third violation of any of the provisions of this section”
10. Under Section 137 of the Executive Law, what specific information must a New York notary public print, typewrite, or stamp beneath their signature in black ink?
Answer: Their name, the words “Notary Public State of New York,” the name of the county in which they are qualified, and the date upon which their commission expires. The law lists these four specific elements that must appear beneath the signature in black ink.
New York Notary Public License Law, page 21: “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 (§137, Executive Law).”
11. What is the minimum number of different processes required to authenticate the identity of a remotely located individual under the standards approved by the secretary of state?
Answer: Two or more different processes are required, though personal knowledge may satisfy this. The regulation mandates two or more authentication processes, with an exception allowing personal knowledge to satisfy this requirement.
New York Notary Public License Law, page 8: “a standard that requires two or more different processes for authenticating the identity of a remotely located individual utilizing NYS Department of State Division of Licensing Services technology to detect and deter fraud, but which may allow a notary public’s personal knowledge of a document signer to satisfy such requirement.”
12. Who retains sole control over security aspects such as passwords, token devices, and biometrics used for electronic notarial acts?
Answer: The notary public. The law mandates that security controls remain under the sole control of the notary public.
New York Notary Public License Law, page 17: “Control of security aspects such as but not limited to passwords, token devices, biometrics, PINS, phrases, software on protected hardware shall remain under the sole control of the notary public.”
13. What is the maximum period allowed for a discharged military veteran to apply for reappointment as a notary public with waived qualifying requirements after their discharge?
Answer: Within a period of 1 year after the military discharge. The law states that veterans discharged under conditions other than dishonorable have one year to apply for reappointment with waived requirements.
New York Notary Public License Law, page 6: “provided such application for reappointment is made within a period of 1 year after the military discharge of the applicant under conditions other than dishonorable”
14. Under §142-a, a person is barred from asserting the effect of the section to overcome a defect if:
Answer: The person knew of the defect or the defect was apparent on the face of the certificate. The rule states that the protection against invalidity due to defects does not apply if the person knew of the defect or if it was apparent on the certificate's face.
New York Notary Public License Law, page 11: “No person shall be entitled to assert the effect of this section to overcome a defect described in subdivision two if he knew of the defect or if the defect was apparent on the face of the certificate of the notary public or commissioner of deeds;”
15. According to §11 of the Domestic Relations Law, which of the following actions is prohibited for a New York notary public?
Answer: Taking the acknowledgment of parties to a written contract of marriage. The law states that notaries cannot solemnize marriages or take acknowledgments for marriage contracts, making option A the correct restriction.
New York Notary Public License Law, page 13: “A notary public has no authority to solemnize marriages; nor may a notary public take the acknowledgment of parties and witnesses to a written contract of marriage.”
16. According to §182.11(e), what is the fee amount for submitting change requests or Duplicate License/Registration Requests?
Answer: Ten dollars. Section 182.11(e) clearly states that the fee for these specific administrative requests is ten dollars.
New York Notary Public License Law, page 19: “The fee for change requests and Duplicate License/Registration Requests shall be ten dollars, payable to the secretary of state at the time of submission of the request.”
17. What is the standard term length for a New York notary public commission?
Answer: 4 years. The law states that the duration of a notary public commission is four years.
New York Notary Public License Law, page 2: “The term of commission is 4 years.”
18. Which of the following activities is prohibited for a notary public who is not a lawyer?
Answer: Drawing legal papers such as wills, deeds, or contracts. The law lists drawing various legal documents as a prohibited activity for non-lawyer notaries.
New York Notary Public License Law, page 5: “May not draw any kind of legal papers, such as wills, deeds, bills of sale, mortgages, chattel mortgages, contracts, leases, offers, options, incorporation papers, releases, mechanics liens, power of attorney, complaints and all legal pleadings, papers in summary proceedings to evict a tenant, or in bankruptcy, affidavits, or any papers which our courts have said are legal documents or papers.”
19. Under what condition may a member of a religious order be appointed and officiate as a notary public under a name other than their secular cognomen?
Answer: If they are known by that name in religious circles. The law states that religious order members may use their religious name if they are known by it in religious circles.
New York Notary Public License Law, page 22: “A member of a religious order, known therein by a name other than his secular cognomen, may be appointed and may officiate as a notary public under the name by which he is known in religious circles.”
20. When maintaining records for electronic notarial acts, what specific information regarding technology must be included if not part of the communication technology itself?
Answer: The certification authority and verification providers used. The law lists certification authorities and verification providers as necessary record elements if not inherent to the technology.
New York Notary Public License Law, page 18: “identification of the communication technology and, if not included as part of the communication technology used by the electronic notary, the certification authority and verification providers used.”
21. According to §136, what is the maximum fee a New York notary public may charge for administering an oath or affirmation?
Answer: $2. The statute sets the fee for administering an oath or affirmation at $2.
New York Notary Public License Law, page 10: “For administering an oath or affirmation, and certifying the same when required, except where another fee is specifically prescribed by statute, $2.”
22. What is the legal status of an acknowledgment taken by a person who is financially or beneficially interested in a party to the conveyance, according to the handbook?
Answer: It is considered a nullity. The law states that courts have held such acknowledgments to be a nullity.
New York Notary Public License Law, page 7: “In New York the courts have held an acknowledgment taken by a person financially or beneficially interested in a party to conveyance or instrument of which it is a part to be a nullity”
23. According to the note following §195.00, what is the consequence for an officer who refuses to administer an oath or affidavit when requested?
Answer: It is a misdemeanor. The law specifies that refusing to administer an oath when requested constitutes a misdemeanor.
New York Notary Public License Law, page 15: “The Penal Law (§195.00) provides that an officer before whom an oath or affidavit may be taken is bound to administer the same when requested, and a refusal to do so is a misdemeanor.”
24. If a notary public needs to change their name or address on their application for reappointment, what fee does the Secretary of State charge for this change?
Answer: $10. The law specifies a $10 fee for changing a name or address, noting that this applies except when changes are made during the reappointment process itself.
New York Notary Public License Law, page 6: “Except for changes made in an application for reappointment, the Secretary of State shall receive a non-refundable fee of $10 for changing the name or address of a notary public.”
25. Under §304, what condition must be met regarding the officer's relationship to the subscribing witness before taking proof of execution?
Answer: The officer must be personally acquainted with the witness or have satisfactory evidence of their identity. Section 304 mandates that the officer either knows the witness personally or has satisfactory evidence confirming the witness's identity.
New York Notary Public License Law, page 11: “The proof must not be taken unless the officer is personally acquainted with such witness, or has satisfactory evidence that he is the same person, who was a subscribing witness to the conveyance.”