New York notary practice test 5

1. Which specific fee amount must an applicant submit to the Division of Licensing Services when applying for a notary public commission?

1. $20
2. $50
3. $60
4. $100

2. Under §182.10(e), what is the consequence for a notary public who fails to comply with the requirements of the Part relating to notarial acts?

1. They shall not be eligible for reappointment
2. They must pay a penalty fee of fifteen dollars to renew their license
3. They are required to retake the written examination immediately
4. Their commission is automatically extended for a period of ninety days

3. Under New York regulations, what specific condition must be met for a notary to perform an 'electronic notarial act'?

1. The notary must be physically present in the state of New York.
2. The notary must be located in the same jurisdiction as the signer.
3. The notary must be an attorney licensed to practice law.
4. The notary must use a paper journal to record the transaction.

4. When a principal is located outside of the United States, what must the notary verify regarding the record or subject of the notarial act?

1. That the record 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.
2. That the principal has a valid driver's license issued by the state where the notary is located.
3. That the transaction involves property located exclusively outside the territorial jurisdiction of the United States.
4. That the principal has previously notarized documents with this specific notary public.

5. Under §182.5(b)(3), what constitutes satisfactory evidence of identity if no identification cards or documents are presented?

1. Attestation by the notary that the individual is personally known to them.
2. The oath or affirmation of a single witness who knows the individual.
3. Presentation of a birth certificate and a social security card.
4. Verification through a third-party identity proofing service.

6. Under Public Officers Law §15, what is the consequence for a person who executes the functions of a public office before taking and filing the required oath?

1. The person is guilty of a misdemeanor.
2. The person’s commission is automatically revoked without penalty.
3. The person must pay a fine equal to the fee charged.
4. The person is barred from serving as a notary for one year.

7. What is the specific distinction made between an acknowledgment and an affidavit regarding the notary's duty?

1. An acknowledgment requires an oath, while an affidavit does not.
2. In an acknowledgment, the notary certifies identity and execution; in an affidavit, the notary administers an oath.
3. Both require the affiant to appear in person, but only the affidavit requires a seal.
4. An acknowledgment is for real property, while an affidavit is exclusively for personal property.

8. What is the requirement for the attachment of an electronic signature to an electronic record when performing an electronic notarial act?

1. It must be attached such that removal or alteration is detectable
2. It must be a handwritten signature scanned onto the document
3. It must be verified by a third-party authentication service
4. It must be attached after the principal has signed the document

9. Under the provided regulations, which of the following is a specific criterion for an electronic signature to be considered reliable?

1. It must be unique to the notary public.
2. It must be manually written on the electronic device screen.
3. It must be shared with the principal to verify identity.
4. It must be generated by a third-party vendor without a digital certificate.

10. How are out-of-state attorneys deemed residents for the purpose of becoming a New York notary public?

1. By maintaining a law office within the State
2. By paying taxes in New York City
3. By having a New York mailing address
4. By working remotely from another state

11. Per §138, under what condition is a notary public prohibited from taking the acknowledgment of a written instrument executed by a corporation?

1. If the notary is a stockholder of the corporation.
2. If the notary is an employee of the corporation.
3. If the notary is a party executing the instrument, either individually or as a representative.
4. If the notary has a financial interest in the corporation's stock.

12. Under Executive Law §130, what is the standard term length for a notary public appointment in New York?

1. 2 years
2. 4 years
3. 5 years
4. Indefinite until resignation

13. Which specific federal acts are mentioned in §3 of the Public Officers Law as grounds for disqualification from holding the office of notary public?

1. The selective draft act of the U.S. enacted May 18, 1917, and the federal selective training and service act of 1940.
2. The Civil Rights Act of 1964 and the Voting Rights Act of 1965.
3. The Americans with Disabilities Act of 1990 and the Family and Medical Leave Act.
4. The Tax Reform Act of 1986 and the Omnibus Budget Reconciliation Act.

14. Which of the following is a mandatory requirement for all notaries public performing notarial acts in New York State regarding the identity of principals?

1. They must obtain satisfactory evidence of the identity of any principal or other individual appearing before the notary in a manner authorized by this Part.
2. They must rely exclusively on government-issued photo identification cards without further verification.
3. They must require the principal to appear physically in person regardless of electronic options.
4. They must verify identity through a credential service provider only if the principal is unknown to the notary.

15. When is a notary's certificate considered palpably false and fraudulent regarding the signer's appearance?

1. Unless the person actually and personally appeared before the notary on the specified day
2. Unless the person provided a government-issued ID
3. Unless the person signed the document in front of two witnesses
4. Unless the person was a resident of the county

16. How does the law treat the requirement for a principal to personally appear before a notary when an act is performed in conformity with the electronic notarial provisions?

1. The electronic act satisfies the requirement for personal appearance.
2. The principal must still appear physically unless the document is for a corporation.
3. The requirement is waived only if the notary uses a specific software approved by the county clerk.
4. The principal must appear physically within 24 hours of the electronic signing.

17. What is the prescribed procedure when a signer has religious or conscientious scruples against taking an oath?

1. The notary must require the signer to take a standard oath regardless of preference.
2. The notary should have the person affirm.
3. The notary must reject the document until the signer agrees to swear.
4. The notary should allow the signer to remain silent during the process.

18. By what date must the Secretary of State transmit the commission and related documents to the county clerk?

1. The last day of the current month
2. The 1st day of the following month
3. The 10th day of the following month
4. Within 30 days of the appointment

19. What specific information regarding location must be accurately stated in an affidavit?

1. The exact time the document was printed.
2. The name of the county clerk who issued the seal.
3. The venue, or county wherein the affidavit was sworn to.
4. The mailing address of the affiant.

20. What constitutes a jurat according to the provided definitions?

1. The entire affidavit document signed by the affiant.
2. The part of an affidavit where the officer certifies that it was sworn to before him.
3. The seal affixed to the bottom of the document.
4. The testimony of a witness taken out of court.

21. Under §195.00, which action constitutes official misconduct by a public servant?

1. Refusing to administer an oath when requested
2. Committing an unauthorized exercise of official functions with intent to obtain a benefit
3. Issuing a certificate with a false statement without intent to defraud
4. Making a statement under oath that is later proven incorrect

22. When a bank opens a safe deposit box due to non-payment, what specific action must the notary public take regarding the contents?

1. File with the lessor a certificate under seal stating the date, lessee name, and list of contents.
2. Immediately auction the contents to cover the unpaid rental fees.
3. Store the contents in the county clerk's office for safekeeping.
4. Provide a verbal summary of the contents to the bank manager without written certification.

23. Under §182.5(b)(5), what is required when two witnesses are used to provide satisfactory evidence of identity for an individual?

1. Both witnesses must provide identification that meets the requirements of paragraph (1) of subdivision (b).
2. Only one witness needs to provide identification, provided the other is personally known to the notary.
3. The witnesses must provide two current documents issued by an institution with the individual's signature.
4. The witnesses must be personally known to the individual but do not need to provide identification.

24. Where does the public verify the official signature of a notary public according to the handbook?

1. At the Secretary of State's office
2. At the county clerk’s office
3. On the notary's personal website
4. Through the Division of Licensing Services online portal

25. What additional liability does an officer face if they violate the provisions regarding fees in §67, beyond the criminal punishment?

1. They must return the fee to the state treasury.
2. They are liable for treble damages in an action by the aggrieved person.
3. They must complete additional continuing education hours.
4. They are suspended from office for six months.