Prepare for and Pass the New
York Notary Exam
—Day of Exam Study Aid—
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Table of Contents
Purpose ........................................................................................................ 4
Using the Study Aid ........................................................................................ 4
Acknowledgment............................................................................................ 5
Acknowledgment or Proof Certificate required information .................................. 5
Administrator ................................................................................................ 5
Advertisement ............................................................................................... 5
Affiant .......................................................................................................... 5
Affiant .......................................................................................................... 5
Affidavit ........................................................................................................ 6
Affirmation .................................................................................................... 6
Apostile ........................................................................................................ 6
Appointing or Commission term ....................................................................... 6
Attest ........................................................................................................... 6
Attestation Clause .......................................................................................... 6
Authentication ............................................................................................... 7
Bill of Sale..................................................................................................... 7
Certificate of acknowledgment for a conveyance required information ................. 7
Certificate of Authentication ............................................................................ 7
Certificate of Official Character ........................................................................ 7
Certified Copy ................................................................................................ 7
Change of Name Notice .................................................................................. 8
Chattel ......................................................................................................... 8
Chattel Paper ................................................................................................ 8
Codicil .......................................................................................................... 8
Commissioning Body ...................................................................................... 8
Consideration ................................................................................................ 8
Contempt of Court ......................................................................................... 9
Contract ....................................................................................................... 9
Conveyance (Deed) ........................................................................................ 9
Conveyance of Real Property ........................................................................... 9
County Law ................................................................................................... 9
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Deponent ...................................................................................................... 9
Deposition ................................................................................................... 10
Duress ........................................................................................................ 10
Escrow........................................................................................................ 10
Ex Parte ...................................................................................................... 10
Executing an instrument ............................................................................... 10
Executor ..................................................................................................... 10
Fees a Notary may charge............................................................................. 11
Fees a Notary must pay ................................................................................ 11
Felony ........................................................................................................ 11
Foreign language advertisement disclaimer .................................................... 11
Guardian ..................................................................................................... 11
Judgment .................................................................................................... 11
Jurat .......................................................................................................... 12
Jurisdiction .................................................................................................. 12
Laches ........................................................................................................ 12
Lease ......................................................................................................... 12
Lessee ........................................................................................................ 12
Lessor ........................................................................................................ 12
Litigation .................................................................................................... 13
Misdemeanor ............................................................................................... 13
Mortgage On Real Property ........................................................................... 13
New York Election law allows them to become Notaries .................................... 13
Non-resident ............................................................................................... 13
Non-resident who ceases to work in the State of New York............................... 13
Not eligible to become a Notary Public under New York’s executive Law ............. 14
Not eligible to the Notary Public office............................................................. 14
Notaries applying for reappointment ............................................................... 14
Notary Certificate ......................................................................................... 14
Notary Certificate required information ........................................................... 14
Notary Public ............................................................................................... 14
Oath ........................................................................................................... 15
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Oaths and Affirmations ................................................................................. 15
Person ........................................................................................................ 15
Plaintiff ....................................................................................................... 15
Power of Attorney ........................................................................................ 15
Proof .......................................................................................................... 15
Protest ....................................................................................................... 16
Purposes of Acknowledgment ........................................................................ 16
Real Property Law ........................................................................................ 16
Reasons why commission requirements may be waived by the Secretary of State16
Requirements for Commissioning ................................................................... 16
Residency (Requirements) ............................................................................ 16
Resident ..................................................................................................... 17
Seal ........................................................................................................... 17
Signature of Notary Public ............................................................................. 17
Statute ....................................................................................................... 17
Statute of Frauds ......................................................................................... 17
Statute of Limitations ................................................................................... 17
Subordination Clause .................................................................................... 18
Sunday ....................................................................................................... 18
Swear ......................................................................................................... 18
Taking an Acknowledgment ........................................................................... 18
Taking an Acknowledgment ........................................................................... 18
The Constitution of the State of New York allows them to become Notaries ........ 18
The Secretary of State .................................................................................. 19
Types of Certificates ..................................................................................... 19
Uniform acknowledgement or proof certificate ................................................ 19
Venue......................................................................................................... 19
Will ............................................................................................................ 19
Within ten days............................................................................................ 19
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Prepare for and Pass the New York Notary Exam
Purpose
The purpose of this study aid is to help you prepare to pass
the New York Notary Public Exam. You may use this study
aid as flash cards to warm up on the day of your exam. You
may also keep it on your desk top as a quick study aid.
Using the Study Aid
The study Aid provides definitions in the form of flash cards,
use them to review concepts during or after viewing the elearning course.
To use the Study Aid:
•
Download the file
•
Save it on your computer
•
Print pages 5-19
•
Cut or fold the cards where indicated by the
scissors symbol
The study aid may also serve as a quick reference guide of
notarial terms.
You are soon to become a Notary Public! and your friends at
the National Notary Association want to congratulate you on
your accomplishment.
Before you take your exam study, review, relax, and most
important at all… have fun!!!
Good Luck!!!
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Prepare for and Pass the New York Notary Exam
A formal declaration before a duly authorized
officer by a person who has executed an
instrument that such execution is his or her act
and deed. Or, the declaration of a person
described in and who has executed a written
instrument, that he or she executed the same.
Acknowledgment
Acknowledgment or Proof Certificate
required information
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Notary’s signature.
All the facts of the Notarial Act.
Names of Each Witness.
Substance of the testimony of each witness
examined by the Notary.
Subscribing witness’ place of residence.
Administrator
A person appointed by the court to manage the
estate of a deceased person who left no will.
Advertisement
Refers to any material designed to give notice
of or to promote or describe the services a
Notary offers for profit, whether in print or
electronic form, including business cards,
brochures and notices.
Affiant
A person who makes and subscribes his or her
signature to an affidavit.
Affiant
Individual that swears before a Notary as part
of a notarial act.
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Prepare for and Pass the New York Notary Exam
Affidavit
An affidavit is a signed statement, duly sworn
to, by the maker thereof, before a notary public
or other officer authorized to administer oaths.
Affirmation
A solemn declaration made by persons who
conscientiously decline taking an oath; it is
equivalent to an oath and is just as binding. It
is performed if a person has religious or
conscientious scruples against taking an oath.
Apostille
Department of State authentication attached to
a notarized and county certified document for
possible international use.
Appointing or Commission term
Four Years.
Attest
To witness the execution of a written
instrument, at the request of the person who
makes it, and subscribe the same as a witness.
Attestation Clause
That clause wherein the witnesses certify that
the instrument has been executed before them,
and the manner of the execution of the same.
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Prepare for and Pass the New York Notary Exam
Authentication
A certificate subjoined by a county clerk to any
certificate of acknowledgment or proof or oath
signed by a notary.
Bill of Sale
A writing instrument given to pass title of
personal property from vendor to vendee.
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Certificate of acknowledgment
for a conveyance required information
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Venue and Date of the Notarial Act.
Names of the undersigned who appeared
before the Notary and are subscribed in the
document.
Substance or details of the act.
All blank spaces and information required
by law must be properly filled in.
Certificate of Authentication
A certificate issue by the County Clerk’s office
that when attached to any certificate of proof,
acknowledgment or jurat, authenticates the
Notary’s signature on a document and attests to
the Notary’s authority to sign at the time of the
notarization.
Certificate of Official Character
A certificate that authenticates a Notary
signature and it is issue by the Secretary of
State or the county clerk.
Certified Copy
A copy of a public record signed and certified as
a true copy by the public official having custody
of the original.
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Prepare for and Pass the New York Notary Exam
Change of Name Notice
Notaries must submit this form along with a
non-refundable fee of $10 in case he or she
wants to officially change their name for any
reason.
Chattel
Personal property, such as household goods or
fixtures.
Chattel Paper
A writing or writings which evidence both an
obligation to pay money and a security interest
in a lease or specific goods.
Codicil
An instrument made subsequent to a will and
modifying it in some respects.
Commissioning Body
Consideration
Office of The Secretary of State.
Anything of value given to induce entering into
a contract; it may be money, personal services,
or even love and affection.
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Prepare for and Pass the New York Notary Exam
Contempt of Court
Behavior disrespectful of the authority of a
court which disrupts the execution of court
orders.
Contract
An agreement between competent parties to do
or not to do certain things for a legal
consideration, whereby each party acquires a
right to what the other possesses.
Conveyance (Deed)
Every instrument, in writing, except a will, by
which any estate or interest in real property is
created, transferred, assigned or surrendered.
Conveyance of Real Property
Must be in English or Have a translation to
English attached to it and the translations must
be either signed and acknowledge by the author
or proved by a subscribing witness or someone
designated for that purpose by the county
judge.
County Law
Stipulates that each county clerk m ust
designate at least one staff member to serve as
a Notary Public
Deponent
One who makes oath to a written statement.
Technically, a person subscribing a deposition
but used interchangeably with “Affiant.”
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Prepare for and Pass the New York Notary Exam
Deposition
Testimony of a witness taken out of court or
other hearing proceeding, under oath or by
affirmation, before a notary public or other
person, officer or commissioner before whom
such testimony is authorized by law to be
taken, which is intended to be used at the trial
or hearing.
Duress
Unlawful constraint exercised upon a person
whereby he is forced to do some act against his
will.
Escrow
The placing of an instrument in the hands of a
person as a depository who on the happening of
a designated event, is to deliver the instrument
to a third person. This agreement, once
established, should be unalterable.
Ex Parte
A hearing or examination in the presence of, or
on papers filed by, one party and in the
absence of the other.
Executing an instrument
Executor
Legal term that means signing a document.
One named in a will to carry out the provisions
of the will.
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Prepare for and Pass the New York Notary Exam
$0.75, For a protest
Fees a Notary may charge
$0.10, For an additional Protests limit of 5
$2.00,
For an Oath of affirmation, Jurat,
Acknowledgment, Proof of Execution or
Swearing of a witness.
$60.00, Appointment as Notary Public
Fees a Notary must pay
$10.00, Change of Name or Address, Duplicate
identification card or filling certificate
of official character.
$1.00,
Issuance of Certificate of Official
character
$3.00, Authentication Certificate
Felony
A crime punishable by death or imprisonment in
a state prison.
Foreign language
advertisement disclaimer
“I am not an attorney licensed to practice law
and may not give legal advice about
immigration or any other legal matter or accept
fees for legal advice.”
Guardian
A person in charge of a minor’s person or
property.
Judgment
Decree of a court declaring that one individual
is indebted to another and fixing the amount of
such indebtedness.
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Prepare for and Pass the New York Notary Exam
Jurat
The section of an affidavit where the officer
(Notary Public) certifies that it was sworn to
before him or her. An Affidavit’s certificate.
Jurisdiction
Area co-extensive with the boundaries of the
state.
Laches
The delay or negligence in asserting one’s legal
rights.
Lease
A contract whereby, for a consideration, usually
termed rent, one who is entitled to the
possession of real property transfers such right
to another for life, for a term of years or at will.
Lessee
Individual that rents a safety box.
Lessor
Entity who rents out safety boxes.
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Prepare for and Pass the New York Notary Exam
Litigation
The act of carrying on a lawsuit.
Misdemeanor
Any crime other than a felony.
An instrument in writing, duly executed and
delivered that creates a lien upon real estate as
security for the payment of a specified debt,
which is usually in the form of a bond.
Mortgage On Real Property
New York Election law
allows them to become Notaries
The Commissioner of
Inspector of elections.
elections
and
the
Commissioned in the county in which one does
business.
Non-resident
Non-resident who ceases to work
in the State of New York
Must vacate the office as a Notary Public.
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Prepare for and Pass the New York Notary Exam
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Not eligible to become a Notary Public
under New York’s executive Law
Not eligible to the Notary Public office
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Individuals
removed
from
the
Commissioner of Deeds office.
Anyone convicted of a felony, unless
pardoned
Anyone convicted of violating various
crimes and sections of the penal and
judiciary law.
Sheriffs
Anyone convicted of violating the selective
service act of 1917
Those convicted of violating the Service Act
of 1940
Notaries applying for reappointment
Receives an application from the Secretary of
State’s
office
three
months
prior
to
commission’s expiration date.
Notary Certificate
Contains required wording that must be
completed by a Notary. It contains the facts of
a Notarial Act.
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Notary Certificate required information
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Notary Public
Notarial Act’s venue.
Notary’s Name, Signature, county of
commission and commission’s expiration
date.
The words “Notary Public, State of New
York”
A public officer who executes acknowledgments
of deeds or writings in order to render them
available as evidence of the facts therein
contained; administers oaths and affirmation as
to the truth of statements contained in papers
or documents requiring the administration of an
oath.
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Prepare for and Pass the New York Notary Exam
Oath
A verbal pledge given by the person taking it
that his or her statements are made under an
immediate sense of his or her responsibility to
God, who will punish the affiant if the
statements are false.
Oaths and Affirmations
Must be administered by law as required by law
and in the form required by law. Slipshod
administration of them are unacceptable to the
Secretary of State.
Person
Under New York’s real property law, term that
may refer to an individual, a partnership or a
corporation when it appears in an uniform
certificate of acknowledgment.
Plaintiff
Person who starts a suit or brings an action
against another.
Power of Attorney
A written statement by an individual giving
another person the power to act for him or her.
Proof
The formal declaration made by a subscribing
witness to the execution of an instrument
setting forth his or her place of residence, that
he or she knew the person described in and
who executed the instrument and that he or she
saw such person execute such instrument.
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Prepare for and Pass the New York Notary Exam
A formal statement in writing by a notary
public, under seal, that a certain bill of
exchange or promissory note was on a certain
day presented for payment, or acceptance, and
that such payment or acceptance was refused.
Protest
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Purposes of Acknowledgment
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Contains status on uniform notarial certificates
to be used for the acknowledgment or proof of
a conveyance in respect to real property within
the state of New York.
Real Property Law
Reasons why commission requirements
may be waived by the Secretary of State
Requirements for Commissioning
Residency (Requirements)
Promotes security of land titles.
Prevents frauds in conveyancing.
Furnishes proof of the due execution of
conveyances.
Permits the document to be giving in
evidence, without proof of its execution.
Makes a document a recordable instrument.
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Practice law in New York
Court clerks who have taken a Civil Service
exam
Applying before or within six months of
term’s expiration
Qualified U.S. military personnel
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Being of good character
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To have a common school education
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To know the duties of a Notary
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Be a citizen of the United States or Legal
Permanent resident.
Resident of the State of New York
Resident of any State with an office or
place of business within the State of New
York
Out of State attorney admitted to practice
law in the State of New York
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Prepare for and Pass the New York Notary Exam
Resident
Commissioned in the county of residence.
Seal
The laws of the State of New York do not
require its use by Notaries public. However, if
used, it should sufficiently identify the notary
public and his or hers authority and jurisdiction.
Signature of Notary Public
Name under which a Notary was appointed and
no other, used when signing Notary certificates.
Statute
A law established by an act of the Legislature.
Statute of Frauds
State law which provides that certain contracts
must be in writing or partially complied with, in
order to be enforceable at law.
Statute of Limitations
A law that limits the time within which a
criminal prosecution or a civil action must be
started.
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Prepare for and Pass the New York Notary Exam
Subordination Clause
A clause which permits the placing of a
mortgage at a later date which takes priority
over an existing mortgage.
Sunday
Day on which Notaries public may administer an
oath or take an affidavit or acknowledgment.
But may not take a deposition in a civil
proceeding.
Swear
Term that includes every mode authorized by
law for administering an oath.
Taking an Acknowledgment
The act of the person named in an instrument
telling the notary public that he or she is the
person
named
in
the
instrument
and
acknowledging that he or she executed such
instrument. Or, the act of the notary public in
obtaining satisfactory evidence of the identity of
the person whose acknowledgment is taken.
Taking an Acknowledgment
The act of the notary public in obtaining
satisfactory evidence of the identity of the
person whose acknowledgment is taken.
The Constitution of the State of New York
allows them to become Notaries
Members of the New York Legislature.
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Prepare for and Pass the New York Notary Exam
The Secretary of State
Types of Certificates
Commissions Notaries Public.
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Acknowledgments
Proof of Execution by a Subscribing Witness
Jurat
Uniform
Uniform acknowledgement
or proof certificate
Must
not
be
used
when
taking
an
acknowledgement proof for a document that
does not relate to real property located in New
York.
Venue
Geographical place where a notary public takes
an affidavit or acknowledgment
Will
Disposition of one’s property, to take effect
after death.
Within ten days
Allowed time for a lessor to notify a lessee that
a box on his or her name has been open in the
presence of a Notary.
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Prepare for and Pass the New York Notary Exam
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