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New York notary rules: commission, bond and qualifications

What the New York Notary Public License Law says about commission, bond and qualifications, as 26 exam-style questions with the answer and the exact rule.

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Under New York Real Property Law §290, which of the following instruments is excluded from the definition of a "conveyance"?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.”
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?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”
Under §182.3(a)(5), when must a notary public disqualify themselves from performing a notarial act?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;”
Which of the following is a specific disqualification for acting as a notary public in a particular transaction?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.”
Who is designated as the person upon whom process can be served for a non-resident accepting the office of notary public?The Secretary of State. The statute mandates that non-resident notaries appoint the Secretary of State as their agent for service of process.
New York Notary Public License Law, page 5: “A non-resident who accepts the office of notary public in this State thereby appoints the Secretary of State as the person upon whom process can be served on his or her behalf.”
According to Executive Law §130, under what specific condition may the Secretary of State waive the qualifying requirements for moral character and education for a former notary applying for reappointment?If the applicant applies within 6 months after their term expires. The statute allows the waiver of qualifying requirements if the former notary applies for reappointment within six months after their term expires.
New York Notary Public License Law, page 5: “provided, however, that where a notary public applies, before the expiration of his or her term, for reappointment with the county clerk or where a person whose term as notary public shall have expired applies within 6 months thereafter for reappointment as a notary public with the county clerk, such qualifying requirements may be waived by the Secretary of State”
Which of the following is listed in §142-a as a defect that does not invalidate a notary's acts, provided other conditions are met?The notary's commission expiring. The law lists the expiration of the term, commission, or appointment as a defect that does not necessarily invalidate acts under the specified conditions.
New York Notary Public License Law, page 11: “expiration of his term, commission or appointment;”
What is prohibited regarding the advertising of a notary's powers?Advertising in any manner that claims powers not given by law. The law states that notaries cannot advertise or claim powers or rights that are not granted to them by the laws governing their appointment.
New York Notary Public License Law, page 5: “May not advertise in, or circulate in any manner, any paper or advertisement, or say to anyone that he has any powers or rights not given to the notary by the laws under which the notary was appointed.”
Who has the authority to commission notaries public in New York State?The Secretary of State. According to the introduction, the Secretary of State is the official responsible for commissioning notaries public.
New York Notary Public License Law, page 2: “Notaries public are commissioned by the Secretary of State.”
Under §182.10(c), within what timeframe may a notary public apply for reappointment relative to the expiration of their commission?Within 90 days of expiration. The rule specifies that the application window for reappointment is within 90 days of the commission's expiration.
New York Notary Public License Law, page 18: “A notary public may apply for reappointment within 90 days of expiration of their commission, provided that the notary public continues to meet the requirements set forth in sections 130 and 131 of the Executive Law and this Part.”
According to §142-a, subdivision 5, does the section relieve a notary public from criminal liability imposed by reason of their acts?No, it does not relieve any notary public or commissioner of deeds from criminal liability. The law states that the section does not relieve the officer from criminal liability imposed by reason of their act.
New York Notary Public License Law, page 11: “This section does not relieve any notary public or commissioner of deeds from criminal liability imposed by reason of his act, or enlarge the actual authority of any such officer, nor limit any other statute or rule of law by reason of which the act of a notary public or commissioner of deeds, or the record thereof, is valid or is deemed valid in any case.”
Under what condition is a member of the legislature permitted to accept an appointment as a notary public without vacating their legislative seat?If the office provides no compensation. The constitutional provision cited allows a legislator to hold the office only if it is uncompensated.
New York Notary Public License Law, page 7: “providing, however, that a member of the legislature may be appointed *** to any office in which he or she shall receive no compensation.”
In the context of Real Property Law §290, which of the following is included in the definition of a 'conveyance'?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.”
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?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.”
Under §142-a, a person is barred from asserting the effect of the section to overcome a defect if: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;”
What is the standard term length for a New York notary public commission?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.”
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?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.”
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?They shall not be eligible for reappointment. The law specifies that non-compliance with the Part's requirements results in ineligibility for reappointment.
New York Notary Public License Law, page 18: “Any notary public who has failed to comply with any of the requirements of this Part relating to notarial or electronic notarial acts shall not be eligible for reappointment.”
Under Executive Law §130, what is the standard term length for a notary public appointment in New York?4 years. The law states that the appointment term for a notary public is four years.
New York Notary Public License Law, page 5: “The appointment of a notary public shall be for a term of 4 years.”
Which specific federal acts are mentioned in §3 of the Public Officers Law as grounds for disqualification from holding the office of notary public?The selective draft act of the U.S. enacted May 18, 1917, and the federal selective training and service act of 1940. The law lists these specific historical federal acts as the criteria for disqualification due to conviction.
New York Notary Public License Law, page 7: “No person is eligible for the office of notary public who has been convicted of a violation of the selective draft act of the U.S. enacted May 18, 1917, or the acts amendatory or supplemental thereto, or of the federal selective training and service act of 1940 or the acts amendatory thereof or supplemental thereto.”
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?A limited liability company. The law lists "limited liability company" within the definition of "person," while the other options are not specifically enumerated in that list.
New York Notary Public License Law, page 12: “For the purposes of this section, the term “person” means any corporation, joint stock company, estate, general partnership (including any registered limited liability partnership or foreign limited liability partnership), limited liability company (including a professional service limited liability company), foreign limited liability company (including a foreign professional service limited liability company), joint venture, limited partnership, natural person, attorney in fact, real estate investment trust, business trust or other trust, custodian, nominee or any other individual or entity in its own or any representative capacity.”
What is the maximum term of imprisonment for a class A misdemeanor?One year. The law specifies that a definite sentence for a class A misdemeanor cannot exceed one year.
New York Notary Public License Law, page 14: “When such a sentence is imposed the term shall be fixed by the court, and shall not exceed one year;”
In which location are notaries public commissioned based on their personal information?Their county of residence. The law clarifies that the commissioning location is determined by the notary's county of residence.
New York Notary Public License Law, page 2: “Notaries public are commissioned in their counties of residence.”
According to §70.00, what is the maximum term of imprisonment for a class D felony?7 years. The statute caps the sentence for a class D felony at seven years.
New York Notary Public License Law, page 14: “For a class D felony, the term shall be fixed by the court, and shall not exceed 7 years;”
What is the maximum term of imprisonment for a class E felony as specified in §70.00?4 years. The law sets the upper limit for a class E felony sentence at four years.
New York Notary Public License Law, page 14: “For a class E felony, the term shall be fixed by the court, and shall not exceed 4 years.”
According to §142-a, when does the six-month limitation period apply regarding defects in a notary's official certificate?It applies after the expiration of six months from the date of the act regarding omissions of date/place or errors in such statements. The law specifies that after six months, the validity protections apply specifically to defects involving the omission or error in stating the date and place of the act.
New York Notary Public License Law, page 11: “After the expiration of six months from the date of the official certificate or other act of the commissioner of deeds, subdivision one of this section shall be applicable to a defect consisting in omission of the certificate of a commissioner of deeds to state the date on which and the place in which an act was done, or consisting of an error in such statement.”

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