NYS Liability and Misconduct 2

Question 1

A New York notary who notarizes a document without the signer physically present (absent RON authorization) is:

Accepted Answer

Guilty of misconduct and the notarization is void

Answer

Performing a standard accepted practice

Answer

Required only to note the absence in the certificate

Answer

Acting lawfully if the signer pre-signed the document

Question 2

Under New York Executive Law §135-a, a notary who makes a false certificate is guilty of:

Accepted Answer

A felony

Answer

A Class A misdemeanor

Answer

A Class B misdemeanor

Answer

An infraction with a civil fine only

Question 3

If a New York notary negligently fails to verify a signer's identity, allowing a fraud to occur, the notary may be held:

Accepted Answer

Civilly liable for damages caused by the negligent notarization

Answer

Criminally liable only

Answer

Only liable to the Secretary of State in an administrative proceeding

Answer

Not liable — notaries are immune from civil suits

Question 4

The Secretary of State may remove a New York notary for which of the following?

Accepted Answer

Charging a fee that exceeds the statutory maximum

Answer

Moving to a new county without updating filings

Answer

Failing to renew within the grace period

Answer

Notarizing documents in a county other than where registered

Question 5

A person who impersonates a New York notary public is subject to:

Accepted Answer

Criminal prosecution for fraudulent impersonation

Answer

A civil fine only

Answer

A warning from the Secretary of State

Answer

Mandatory registration as a notary within 30 days

Question 6

A New York notary's bond or errors and omissions insurance serves primarily to:

Accepted Answer

Protect the public from financial harm caused by the notary's errors

Answer

Protect the notary from criminal prosecution

Answer

Guarantee that all notarizations are legally valid

Answer

Satisfy the application fee requirement