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New York notary rules: jurats, oaths and affirmations

What the New York Notary Public License Law says about jurats, oaths and affirmations, as 18 exam-style questions with the answer and the exact rule.

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1. What is the legally equivalent affirmation that may be used for persons who conscientiously decline taking an oath?"Do you solemnly, sincerely and truly declare and affirm that the statements made by you are true and correct?". The law provides this specific wording as the legally equivalent affirmation for those declining an oath.
   New York Notary Public License Law, page 5: “Alternatively, the following affirmation may be used for persons who conscientiously decline taking an oath. This affirmation is legally equivalent to an oath and is just as binding: “Do you solemnly, sincerely and truly declare and affirm that the statements made by you are true and correct?””
2. When is a notary public entitled to receive a fee for administering an oath?Only when a fee is expressly allowed by law for that specific service. The rule establishes that duties imposed by law are performed without fee unless a specific statutory allowance exists for that service.
   New York Notary Public License Law, page 14: “Each public officer upon whom a duty is expressly imposed by law, must execute the same without fee or reward, except where a fee or other compensation therefor is expressly allowed by law.”
3. Which entity is permitted to take an oath before a notary public?An individual. The law states that corporations and partnerships cannot take oaths, limiting this action to individuals, and notes that a notary cannot administer an oath to themselves.
   New York Notary Public License Law, page 21: “A corporation or a partnership cannot take an oath; an oath must be taken by an individual.”
4. Under what condition is the administration of an oath considered valid according to the cited judicial declarations?When the oath is administered in the presence of an authorized officer and is an unequivocal present act. The law requires that the oath be administered in the presence of an authorized officer and constitute an unequivocal present act.
   New York Notary Public License Law, page 5: “Whatever the form adopted, it must be in the presence of an officer authorized to administer it, and it must be an unequivocal and present act by which the affiant consciously takes upon himself the obligation of an oath.”
5. When administering an oath or affirmation, what additional element must a notary include regardless of their county of qualification?The notary public’s official number. The regulation requires the inclusion and affixing of the notary public’s official number to instruments requiring an oath or affirmation.
   New York Notary Public License Law, page 16: “(4) administer any oath or affirmation as required by the law governing the transaction for which the notarial act is required and, regardless of the county of qualification, include and affix to each instrument requiring an oath or affirmation such notary public’s official number;”
6. What consequence is stated for a notary public who prepares and takes the oath of an affiant to a statement known to be false?The notary public will be removed from office. The law states that removal from office is the penalty for this specific misconduct.
   New York Notary Public License Law, page 19: “A notary public will be removed from office for preparing and taking the oath of an affiant to a statement that the notary knew to be false.”
7. How must a notary public administer an oath or affirmation according to the prescribed form?In a manner calculated to awaken the conscience and impress the mind of the person taking it. The law specifies that the administration must actively engage the signer's conscience and align with their beliefs, rather than just verifying signatures or ignoring personal beliefs.
   New York Notary Public License Law, page 21: “An oath or affirmation shall be administered in a form calculated to awaken the conscience and impress the mind of the person taking it in accordance with his religious or ethical beliefs.”
8. According to §136, what is the maximum fee a New York notary public may charge for administering an oath or affirmation?$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.”
9. According to the note following §195.00, what is the consequence for an officer who refuses to administer an oath or affidavit when requested?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.”
10. 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?The person is guilty of a misdemeanor. The law states directly that executing official functions prior to taking the required oath constitutes a misdemeanor.
    New York Notary Public License Law, page 14: “The Public Officers Law (§15) provides that a person who executes any of the functions of a public office without having taken and duly filed the required oath of office, as prescribed by law, is guilty of a misdemeanor.”
11. What is the prescribed procedure when a signer has religious or conscientious scruples against taking an oath?The notary should have the person affirm. The law instructs notaries to use an affirmation instead of an oath for individuals who decline swearing due to conscientious reasons.
    New York Notary Public License Law, page 19: “if a person has religious or conscientious scruples against taking an oath, the notary public should have the person affirm.”
12. By what date must the Secretary of State transmit the commission and related documents to the county clerk?The 10th day of the following month. Section 131, subsection 5 mandates that the transmission to the county clerk occurs by the 10th day of the month following the appointment.
    New York Notary Public License Law, page 6: “The commission, duly dated, and a certified copy or the original of the oath of office and the official signature, and $20 apportioned from the application fee shall be transmitted by the Secretary of State to the county clerk in which the appointee resides by the 10th day of the following month.”
13. What specific information regarding location must be accurately stated in an affidavit?The venue, or county wherein the affidavit was sworn to. The law mandates that the venue, defined as the county where the oath was administered, must be correctly identified in the affidavit.
    New York Notary Public License Law, page 19: “The venue, or county wherein the affidavit was sworn to should be accurately stated.”
14. What constitutes a jurat according to the provided definitions?The part of an affidavit where the officer certifies that it was sworn to before him. The law defines a jurat specifically as the certification portion of the affidavit, not the affidavit itself.
    New York Notary Public License Law, page 20: “A jurat is that part of an affidavit where the officer (notary public) certifies that it was sworn to before him. It is not the affidavit.”
15. Under §182.5(b)(5), what is required when two witnesses are used to provide satisfactory evidence of identity for an individual?Both witnesses must provide identification that meets the requirements of paragraph (1) of subdivision (b). The rule requires both witnesses to provide identification that satisfies the specific criteria outlined in paragraph (1) of subdivision (b).
    New York Notary Public License Law, page 17: “the oath or affirmation of two witnesses who know the individual personally and provide identification that meets the requirements of paragraph (1) of subdivision (b) of this section.”
16. What specific wording must a person use to express assent when an oath is administered by a notary?The person must express assent by the words “I do” or some other words of like meaning. The law defines the required verbal confirmation from the signer as saying "I do" or equivalent words of assent.
    New York Notary Public License Law, page 21: “When an oath is administered the person taking the oath must express assent to the oath repeated by the notary by the words “I do” or some other words of like meaning.”
17. 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?A justice of the peace, town councilman, village police justice, or a judge of any court of inferior local jurisdiction. The statute lists these specific local judicial and administrative officers as those before whom the oath may be taken within the relevant county.
    New York Notary Public License Law, page 11: “Before a justice of the peace, town councilman, village police justice or a judge of any court of inferior local jurisdiction, anywhere within the county containing the town, village or city in which he is authorized to perform official duties.”
18. What is the specific requirement regarding the physical presence of the signer when administering an oath?The person swearing or affirming must personally be in the presence of the notary public. The law mandates personal presence, noting in a later section that oaths cannot be administered over the telephone, which rules out remote options.
    New York Notary Public License Law, page 21: “first, the person swearing or affirming must personally be in the presence of the notary public”

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