New York notary practice test 6

1. Under §170.10, forgery in the second degree is classified as which type of offense?

1. Class A misdemeanor
2. Class E felony
3. Class D felony
4. Violation

2. What specific wording must a person use to express assent when an oath is administered by a notary?

1. The person must sign their name next to the date.
2. The person must repeat the entire oath verbatim.
3. The person must express assent by the words “I do” or some other words of like meaning.
4. The person must remain silent while the notary reads the oath.

3. According to §182.3(a)(6), under what circumstance must a notary refuse to perform a notarial act?

1. If the notary is not satisfied that the presented record evidences the individual’s capacity to act as the representative.
2. If the document is written in a language other than English.
3. If the signer does not have a government-issued photo ID.
4. If the notarization is requested for a document dated more than one year ago.

4. Under §309-a, subdivision 4, which of the following entities is included in the definition of the term "person" for the purposes of the section?

1. A limited liability company
2. A sole proprietorship
3. A non-profit corporation
4. A government agency

5. Under §142-a, subdivision 3, before whom may a notary public or commissioner of deeds take their official oath or qualify if they are acting within the county containing their authorized jurisdiction?

1. Only the Secretary of State.
2. Any judge of the Court of Appeals.
3. A justice of the peace, town councilman, village police justice, or a judge of any court of inferior local jurisdiction.
4. The county clerk exclusively.

6. Under New York law, which of the following best describes the scope of powers granted to a notary public who is also an attorney at law regarding their own clients?

1. They must refer all client acknowledgments to a different notary to avoid conflicts of interest.
2. They may administer an oath or affirmation to or take the affidavit or acknowledgment of their client.
3. They are prohibited from taking acknowledgments for any instrument involving their firm's clients.
4. They may only take acknowledgments if the client is physically present in the county where the attorney practices.

7. Under §182.10(b), what specific information regarding the notary's signature must be provided through the department of state’s registration system?

1. An exemplar of the notary’s electronic signature containing the notary’s name and necessary instructions for verification
2. A handwritten signature scanned and uploaded directly to the secretary of state's email address
3. A digital certificate issued by a private vendor without any specific formatting requirements
4. A verbal confirmation of identity provided during the electronic notarization process

8. Per §182.11(d), what fee must applicants who are required to take a written exam submit for each examination taken?

1. Fifteen dollars
2. Ten dollars
3. Twenty-five dollars
4. Sixty dollars

9. According to the handbook, what is the maximum fee a notary public may charge for performing a protest for the non-payment of a note?

1. 50 cents
2. 75 cents
3. 1 dollar
4. 2 dollars

10. What is the maximum term of imprisonment for a class A misdemeanor?

1. Four years
2. Seven years
3. Three years
4. One year

11. In which location are notaries public commissioned based on their personal information?

1. Their county of birth
2. Their county of residence
3. The county where they work
4. The county of the Secretary of State

12. When proving the execution of a conveyance by a subscribing witness, what specific detail regarding residence must the witness state if living in a city?

1. The street and street number, if any thereof.
2. The county and zip code of their primary residence.
3. The name of the landlord or property manager.
4. The date they moved into their current residence.

13. Regarding the signature and seal of a county clerk on a certificate of official character or authentication, which method of reproduction is permitted?

1. Handwritten signature only.
2. Digital signature only.
3. Facsimile, printed, stamped, photographed or engraved.
4. Electronic signature via email attachment.

14. According to the Special Note regarding changes in the Real Property Law, what limitation on a notary public's geographic authority within New York State has been removed?

1. Notaries must now obtain a separate license for each county they serve.
2. Notaries are restricted to acting only within the county where their commission was issued.
3. Notaries may now take acknowledgments and proofs of conveyances anywhere in the State.
4. Notaries are prohibited from acting outside of New York City.

15. According to §135-b, what is the maximum civil penalty a notary public may face for violating the advertising provisions?

1. One thousand dollars
2. Five hundred dollars
3. Two thousand dollars
4. No civil penalty is imposed, only suspension

16. According to §70.00, what is the maximum term of imprisonment for a class D felony?

1. 4 years
2. 7 years
3. 1 year
4. 3 years

17. Within what timeframe must an electronic notary public notify the secretary of state after changing their e-mail address?

1. Within five days
2. Within ten days
3. Within thirty days
4. Immediately upon login

18. What is the primary purpose of the law respecting acknowledgments, beyond promoting security of land titles?

1. To furnish proof of the due execution of conveyances
2. To ensure the notary receives a higher fee
3. To require the signer to be present in person only
4. To allow the document to be filed without any signature

19. If a notary public has a seal, what is the requirement regarding affixing that seal to a protest?

1. The seal must be affixed for a fee of 10 cents.
2. The seal must be affixed free of expense when requested.
3. The seal is optional and may be omitted if the document is electronic.
4. The seal must be affixed only if the signer is present in person.

20. Under New York law, what is the minimum retention period for the recording of a video and audio conference used to ascertain a document signer's identity during an electronic notarial act?

1. Five years from the date of transaction
2. Ten years from the date of transaction
3. Twenty years from the date of transaction
4. Indefinitely until the electronic record is archived

21. Regarding the recording of conveyances, what is the requirement for documents not written entirely in English?

1. They must be accompanied by an English translation duly executed and acknowledged or certified by a designated person.
2. They may be recorded as-is provided the proper names are written in English letters.
3. They must be translated by the county clerk before acceptance for recording.
4. They are automatically rejected unless the signer is a resident of the county.

22. In the context of §335, what is the mandatory timeframe for mailing a copy of the certificate regarding the contents of an opened safe deposit box to the lessee?

1. Within 5 days of opening the box.
2. Within 10 days of the opening of the safe deposit box.
3. Within 30 days of giving proper notice to the lessee.
4. Immediately upon the removal of the contents.

23. What is the maximum term of imprisonment for a class E felony as specified in §70.00?

1. 7 years
2. 4 years
3. 1 year
4. 3 years

24. What is the nonrefundable application fee required for applicants seeking a notary public commission under §182.11(a)?

1. Sixty dollars
2. Twenty-five dollars
3. Fifteen dollars
4. Ten dollars

25. What is the specific requirement regarding the physical presence of the signer when administering an oath?

1. The person swearing or affirming must personally be in the presence of the notary public.
2. The signer may participate via telephone if the notary verifies the identity beforehand.
3. The signer must be in the same building as the notary but need not see the notary.
4. The signer's presence is optional if the document is signed in advance.

26. According to §142-a, when does the six-month limitation period apply regarding defects in a notary's official certificate?

1. It applies to all defects regardless of knowledge.
2. It applies only if the defect was not apparent on the face of the certificate.
3. It applies after the expiration of six months from the date of the act regarding omissions of date/place or errors in such statements.
4. It applies only to defects involving the notary's residency.

27. When a certificate of acknowledgment is taken without this State for real property situated in this State, what specific detail regarding the subscribing witness is required in the proof of execution form?

1. The witness's place of residence, including street and number if in a city
2. The witness's date of birth and middle name
3. The witness's professional license number
4. The witness's relationship to the grantor

28. According to the handbook, what is the required timeframe for a notary public to notify the secretary of state after a change in name, address, or email address?

1. Within five days
2. Within ten days
3. Immediately upon the next business day
4. Within thirty days

29. When a notary public certifies that a tangible copy of an electronic record is accurate, what specific certification form is deemed sufficient according to the handbook?

1. CERTIFICATE OF AUTHENTICITY
2. CERTIFICATE OF ACKNOWLEDGMENT
3. CERTIFICATE OF JURAT
4. CERTIFICATE OF PROTEST