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New York notary rules: acknowledgments

What the New York Notary Public License Law says about acknowledgments, as 24 exam-style questions with the answer and the exact rule.

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1. According to §303, what condition must be met before an officer takes an acknowledgment?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.”
2. When completing the uniform form for a certificate of acknowledgment without this State, what information must be filled in the blanks regarding the signer?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”
3. According to the Professional Conduct section, which method of taking an acknowledgment is described as illegal?Taking the acknowledgment over the telephone without the signer's physical presence. The law states that taking acknowledgments without the signer's actual personal appearance, such as over the telephone, is illegal.
   New York Notary Public License Law, page 5: “The practice of taking acknowledgments and affidavits over the telephone, or otherwise, without the actual, personal appearance of the individual making the acknowledgment or affidavit before the officiating notary, is illegal.”
4. What is the required placement of the venue information in a notarial certificate according to Section 137 of the Executive Law?The venue is usually set forth at the beginning of the instrument or at the top of the notary’s jurat, or official certification. The law specifies that the venue is typically placed at the beginning of the instrument or the top of the jurat/certification.
   New York Notary Public License Law, page 22: “The venue is usually set forth at the beginning of the instrument or at the top of the notary’s jurat, or official certification, as follows: “State of New York, County of (New York) ss.:”. Section 137 of the Executive Law imposes the duty on the notary public to include the venue of his act in all certificates of acknowledgments or jurats to affidavits.”
5. According to §309-a, subdivision 3, which specific legal provisions are protected from modification by the rules governing certificates of acknowledgment or proof?§§299-a and 301-a. The law states that the section shall not modify the choice of laws afforded by §§299-a and 301-a, making these the correct specific references.
   New York Notary Public License Law, page 12: “No provision of this section shall be construed to: (a) modify the choice of laws afforded by §§299-a and 301-a of this article pursuant to which an acknowledgment or proof may be taken;”
6. What is the consequence of a non-substantial variance from the authorized form of a certificate of acknowledgment under §309-b?It is deemed a valid certificate. The law states that such inclusions are deemed a non-substantial variance, implying the certificate remains valid despite minor deviations from the exact form.
   New York Notary Public License Law, page 12: “The inclusion within the body (other than the jurat) of a certificate of acknowledgment or proof made under this section or the city or other political subdivision and the state or country or other place the acknowledgment was taken shall be deemed. A non-substantial variance from the form of a certificate authorized by this section.”
7. In which situation should a notary public refrain from taking an acknowledgment to a legal instrument?When the notary is a party in interest to the instrument. The law specifies that a notary should not take an acknowledgment if they are a party in interest to the instrument.
   New York Notary Public License Law, page 19: “A notary public should not take an acknowledgment to a legal instrument to which the notary is a party in interest. (Armstrong v. Combs, 15 App. Div. 246.)”
8. Under what condition is a notary public guilty of a misdemeanor when taking acknowledgments?Taking acknowledgments over the telephone. The law specifies that taking acknowledgments over the telephone is illegal and constitutes a misdemeanor.
   New York Notary Public License Law, page 19: “Taking acknowledgments over the telephone is illegal and a notary public is guilty of a misdemeanor in so acting.”
9. Which of the following statements correctly describes the rules for administering oaths or taking acknowledgments on Sundays?Oaths and acknowledgments may be administered on Sunday, but depositions cannot be taken on Sunday in a civil proceeding. The law distinguishes between general notarial acts (allowed on Sunday) and civil depositions (not allowed on Sunday).
   New York Notary Public License Law, page 22: “A notary public may administer an oath or take an affidavit or acknowledgment on Sunday. However, a deposition cannot be taken on Sunday in a civil proceeding.”
10. According to the handbook, what specific additional information must be included in a certificate of acknowledgment or proof taken under §300?The additional information required by §300 of the article. The law states that certificates taken under §300 must include the additional information specified within §300 itself.
    New York Notary Public License Law, page 12: “A certificate of an acknowledgment or proof taken under §300 of this article shall include the additional information required by that section.”
11. Under §306, what information must be included in the certificate endorsed or attached to a conveyance?All matters required to be done, known, or proved, along with the name and substance of testimony of each witness examined. Section 306 mandates that the certificate include all required matters and the name and substance of testimony from witnesses examined.
    New York Notary Public License Law, page 11: “must endorse thereupon or attach thereto, a certificate, signed by himself, stating all the matters required to be done, known, or proved on the taking of such acknowledgment or proof; together with the name and substance of the testimony of each witness examined before him”
12. When recording a tangible copy of an electronic record, what must accompany the electronic signature to satisfy the requirement that the document be notarized?The electronic signature and all other required information attached to or logically associated with the document. The law specifies that the electronic signature plus required information attached to the document is sufficient, noting that a physical seal image is not required if the certificate meets the section's requirements.
    New York Notary Public License Law, page 9: “A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature.”
13. What is the fee required for a county clerk to affix a certificate of authentication to a notarial act?$3. The law specifies that the county clerk charges a fee of $3 for this specific certification service.
    New York Notary Public License Law, page 6: “shall, when so requested and upon payment of a fee of $3 affix to any certificate of proof or acknowledgment or oath signed by such notary anywhere in the State of New York, a certificate under his hand and seal”
14. According to §136, what is the fee structure for taking and certifying the acknowledgment of a written instrument when multiple persons are involved?$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”
15. According to §11 of the Domestic Relations Law, which of the following actions is prohibited for a New York notary public?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. 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?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”
17. What is the specific distinction made between an acknowledgment and an affidavit regarding the notary's duty?In an acknowledgment, the notary certifies identity and execution; in an affidavit, the notary administers an oath. The law clearly separates the duties: acknowledgments focus on identity/execution certification, while affidavits involve administering an oath.
    New York Notary Public License Law, page 19: “In the case of an acknowledgment, the notary public certifies as to the identity and execution of a document; the affidavit involves the administration of an oath to the affiant.”
18. Per §138, under what condition is a notary public prohibited from taking the acknowledgment of a written instrument executed by a corporation?If the notary is a party executing the instrument, either individually or as a representative. The rule specifies that the prohibition applies when the officer taking the acknowledgment is also a party executing the instrument.
    New York Notary Public License Law, page 10: “but none of the officers above named shall take the acknowledgment or proof of a written instrument by or to a corporation of which he is a stockholder, director, officer or employee, if such officer taking such acknowledgment or proof be a party executing such instrument, either individually or as representative of such corporation”
19. When is a notary's certificate considered palpably false and fraudulent regarding the signer's appearance?Unless the person actually and personally appeared before the notary on the specified day. The law states that the certificate is false if the signer did not actually and personally appear before the notary on the specified day.
    New York Notary Public License Law, page 19: “Unless the person purporting to have made the acknowledgment actually and personally appeared before the notary on the day specified, the notary’s certificate that he so came is palpably false and fraudulent.”
20. 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?They may administer an oath or affirmation to or take the affidavit or acknowledgment of their client. The law grants attorneys who are notaries the discretion to administer oaths or take acknowledgments from their own clients.
    New York Notary Public License Law, page 8: “A notary public who is an attorney at law regularly admitted to practice in this State may, in his discretion, administer an oath or affirmation to or take the affidavit or acknowledgment of his client in respect of any matter, claim, action or proceeding.”
21. 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?Notaries may now take acknowledgments and proofs of conveyances anywhere in the State. The law states that geographic limitations on a notary's authority within the State have been removed, allowing them to act anywhere in New York.
    New York Notary Public License Law, page 13: “any and all limitations on the authority of a notary public to act as such in any part of the State have been removed; a notary public may now, in addition to administering oaths or taking affidavits anywhere in the State, take acknowledgments and proofs of conveyances anywhere in the State.”
22. What is the primary purpose of the law respecting acknowledgments, beyond promoting security of land titles?To furnish proof of the due execution of conveyances. The law lists furnishing proof of the due execution of conveyances as a specific purpose of acknowledgment laws alongside preventing fraud.
    New York Notary Public License Law, page 19: “The purposes of the law respecting acknowledgments are not only to promote the security of land titles and to prevent frauds in conveyancing, but to furnish proof of the due execution of conveyances (Armstrong v. Combs, 15 App. Div. 246)”
23. Regarding the recording of conveyances, what is the requirement for documents not written entirely in English?They must be accompanied by an English translation duly executed and acknowledged or certified by a designated person. The rule requires that non-English conveyances include a properly executed and acknowledged English translation to be recorded.
    New York Notary Public License Law, page 12: “unless such conveyance, certificate of acknowledgment or proof, and the authentication thereof be accompanied by and have attached thereto a translation in the English language duly executed and acknowledged by the person or persons making such conveyance and proved and authenticated, if need be, in the manner required of conveyances for recording in this state”
24. 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?The witness's place of residence, including street and number if in a city. The form requires the witness to state their residence, with specific instructions to include street and number if located in a city.
    New York Notary Public License Law, page 12: “who, being by me duly sworn, did depose and say that he/she resides in . . . . . . (if the place of residence is in a city, include the street and street number, if any, thereof);”

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