New York State Notary Public Exam — Questions and Answers

Question 1: What is the purpose of a jurat?

To verify the identity of the person signing a document
To provide a record of the notarial act
To certify that the person signing a document has sworn an oath (Correct answer)
To confirm that a document has been notarized

Correct answer: To certify that the person signing a document has sworn an oath

A jurat is a notarial act where the signer takes an oath or affirmation that the contents of the document are true. The notary public then certifies that the signer personally appeared, took the oath, and signed the document in the notary's presence. This act adds a layer of solemnity and legal weight to the document's contents, ensuring the signer attests to its veracity.

Question 2: To be eligible for a New York notary public commission, an applicant must be at least:

16 years old
21 years old
25 years old
18 years old (Correct answer)

Correct answer: 18 years old

Applicants must be at least 18 years of age to become a notary public in New York.

Question 3: When administering an oath in New York, what must the deponent do?

Submit the oath in writing to the county clerk
Raise their right hand and verbally swear or affirm the truthfulness of their statements (Correct answer)
Present a government-issued ID before the oath
Sign the document before the oath is given

Correct answer: Raise their right hand and verbally swear or affirm the truthfulness of their statements

A proper oath requires the deponent to raise their right hand and verbally swear (or affirm) to the truthfulness of their statements.

Question 4: New York law requires a notary to provide what record to a party who requests it?

A copy of the notary's commission certificate
A certified copy of any record the notary has made of a notarial act (Correct answer)
A sworn statement about the notary's fee schedule
The names of all other parties who have used the notary's services

Correct answer: A certified copy of any record the notary has made of a notarial act

A notary must provide certified copies of their own records of notarial acts upon request.

Question 5: What is the maximum fee a New York Notary Public may charge for taking and certifying the acknowledgment or proof of execution of a written instrument for a single person?

$2.00 (Correct answer)
$5.00
$1.00
$10.00

Correct answer: $2.00

New York law explicitly states that a notary public may charge a fee of $2.00 for administering an oath or affirmation or for taking an acknowledgment or proof of execution. Unless another law specifies a different fee, this is the maximum allowable amount.

Question 6: When may a New York notary administer an affirmation instead of an oath?

Only in civil (not criminal) proceedings
Only when the signer requests it in writing
When the signer has religious or conscientious objections to swearing an oath (Correct answer)
Never — only judges may administer affirmations

Correct answer: When the signer has religious or conscientious objections to swearing an oath

An affirmation is available to those who have sincere religious or conscientious objections to swearing.

Question 7: What should a notary do if they suspect a signer is being coerced or is not acting of their own free will?

Notarize the document anyway
Ask the signer to confirm they are acting willingly
Refuse to notarize the document (Correct answer)
Call law enforcement

Correct answer: Refuse to notarize the document

A fundamental duty of a notary public is to ensure that signers are acting willingly and without coercion. If a notary suspects duress or that the signer is not acting of their own free will, they must refuse to notarize the document. Proceeding with the notarization under such circumstances would compromise the integrity of the notarial act and could expose the notary to liability.

Question 8: How does a New York notary's electronic signature differ from a physical signature in the context of notarization?

An electronic signature has no legal validity in New York
An electronic signature must be witnessed by two people
An electronic signature must be attached to the document with tamper-evident technology to be valid (Correct answer)
An electronic signature is always preferred over a physical one

Correct answer: An electronic signature must be attached to the document with tamper-evident technology to be valid

Electronic signatures used in notarization must be secured with tamper-evident technology to be legally valid.

Question 9: What information must appear in the venue of a notarial certificate in New York?

The state and county where the notarization physically takes place (Correct answer)
The date and time of the notarization only
The names of all parties to the document
The notary's home address and registration number

Correct answer: The state and county where the notarization physically takes place

The venue identifies the state (New York) and the county where the notarial act physically occurred, establishing the geographic basis for the certificate's validity.

Question 10: A notarial certificate shows 'State of New York, County of Nassau.' The notary performing the act is registered in Suffolk County. Is the certificate valid?

Valid — provided the notarization actually took place in Nassau County (Correct answer)
Invalid — the notary has no authority to act in Nassau County
Valid only if the notary files a supplemental form with the Nassau County clerk
Invalid — the venue must match the notary's county of registration

Correct answer: Valid — provided the notarization actually took place in Nassau County

The venue must accurately reflect where the notarization occurred; because a NYS notary can act in any county, notarizing in Nassau County is entirely proper regardless of their registration county.

Question 11: For New York notarial purposes, which of these is an example of a proper identification document a signer may present?

A school ID card
A business card with name and title
A state-issued driver's license with photo (Correct answer)
A utility bill with name and address

Correct answer: A state-issued driver's license with photo

A government-issued photo ID such as a driver's license is the appropriate identification for notarization purposes.

Question 12: Which of the following duties is a New York Notary Public empowered to perform?

Issuing a certified 'true copy' of a university diploma.
Preparing a power of attorney document for a client.
Demanding acceptance or payment of foreign and inland bills of exchange. (Correct answer)
Drafting a last will and testament.

Correct answer: Demanding acceptance or payment of foreign and inland bills of exchange.

Executive Law §135 grants New York notaries the power to demand acceptance or payment of foreign and inland bills of exchange, promissory notes, and other written obligations, and to protest them for non-acceptance or non-payment. Notaries are prohibited from certifying copies of documents and engaging in the unauthorized practice of law, which includes drafting legal documents like wills or powers of attorney.

Question 13: What is the term of commission for a Notary Public in New York State?

Two years
Ten years
Four years (Correct answer)
Five years

Correct answer: Four years

The appointment of a Notary Public in New York is for a term of four years, as specified by the New York Department of State.

Question 14: If a document signer does not speak English, a New York notary should:

Use an interpreter to ensure the signer understands the document and act (Correct answer)
Proceed normally as language is not a notarial concern
Require the signer to learn English before notarization
Refuse to notarize because communication is impossible

Correct answer: Use an interpreter to ensure the signer understands the document and act

A notary may use a qualified interpreter to ensure the signer understands what they are signing.

Question 15: A person asks a notary to notarize a document that requires an oath. The person objects to swearing on a religious text. What is the notary's proper course of action?

Refuse to perform the notarization.
Proceed with the oath but make a note of the objection.
Require the person to raise their right hand and swear.
Administer an affirmation instead of an oath. (Correct answer)

Correct answer: Administer an affirmation instead of an oath.

New York law authorizes notaries to administer both oaths and affirmations. An affirmation has the same legal effect as an oath but does not include a reference to a deity, accommodating individuals with religious or conscientious objections. The notary should ask the person to solemnly, sincerely, and truly declare and affirm that their statements are true.

Question 16: Which of the following persons is DISQUALIFIED from serving as a New York notary public?

A person employed by a bank
A person who has lived in New York for less than one year
A person who is also a licensed real estate agent
A person convicted of a crime involving moral turpitude (Correct answer)

Correct answer: A person convicted of a crime involving moral turpitude

Conviction of a crime involving moral turpitude disqualifies a person from holding a notary commission.

Question 17: According to New York Executive Law §135-a, a notary public who practices any fraud or deceit in the performance of their duties, for which a punishment is not otherwise specified, is guilty of a:

Tort
Violation
Misdemeanor (Correct answer)
Felony

Correct answer: Misdemeanor

New York Executive Law §135-a explicitly states that a notary public who practices fraud or deceit in their official duties is guilty of a misdemeanor. This is a specific criminal classification for general fraudulent notarial acts.

Question 18: In addition to potential criminal charges and civil lawsuits, what administrative action may the New York Secretary of State take against a notary public for misconduct?

Garnish the notary's wages.
Require the notary to retake the exam every year.
Impose mandatory community service.
Suspend or remove the notary from office. (Correct answer)

Correct answer: Suspend or remove the notary from office.

The Secretary of State has the authority to suspend or remove a notary public from office for misconduct, after the notary has been served with charges and given an opportunity to be heard. This is a primary administrative penalty separate from any court proceedings.

Question 19: The duty to 'demand acceptance and payment' of bills of exchange is which type of notarial function?

A deposition-related function
A commercial paper function related to protests (Correct answer)
A real property recording function
An acknowledgment function

Correct answer: A commercial paper function related to protests

Demanding acceptance and payment of bills of exchange is part of the commercial paper protest function.

Question 20: A New York notary public taking the proof of a deed by a subscribing witness must:

Examine the subscribing witness under oath about the execution of the deed (Correct answer)
File the proof with the Supreme Court within 30 days
Have the grantor present in addition to the witness
Require a second subscribing witness as corroboration

Correct answer: Examine the subscribing witness under oath about the execution of the deed

When taking proof by a subscribing witness, the notary must examine the witness under oath about how the deed was executed.

Question 21: The New York Penal Law provisions most relevant to notary misconduct include:

Environmental law violations
Motor vehicle offenses
Those governing perjury and forgery (Correct answer)
Securities fraud statutes only

Correct answer: Those governing perjury and forgery

Perjury and forgery statutes are most directly relevant when a notary engages in or facilitates false statements or document fraud.

Question 22: The term 'attestation' in notarial context means:

The notary's personal guarantee of document accuracy
A sworn oral statement to a judge
The act of witnessing and certifying the execution of a document (Correct answer)
A court order directing notarization

Correct answer: The act of witnessing and certifying the execution of a document

Attestation refers to witnessing and certifying the signing or execution of a document.

Question 23: A notary is a member of a local non-profit club and is asked to notarize the signature of the club's treasurer on a grant application. The notary holds no official position in the club and will not personally receive any of the grant funds. Which of the following is true?

The notary must refuse because membership creates an automatic conflict of interest.
The notary can perform the notarization because there is no direct personal or financial interest in this specific transaction. (Correct answer)
The notary can only perform the notarization if they resign their membership from the club first.
The notary must get permission from the Secretary of State before proceeding.

Correct answer: The notary can perform the notarization because there is no direct personal or financial interest in this specific transaction.

A conflict of interest exists when the notary is a party to the transaction or has a direct and pecuniary interest. In this scenario, simple membership in a non-profit organization does not constitute a direct financial interest in a specific grant application, especially since the notary holds no office and does not personally benefit. Therefore, the notary is not disqualified.

Question 24: The New York Real Property Law requires acknowledgment of a deed to be made:

Only before a Supreme Court judge
Before an authorized officer such as a notary public (Correct answer)
In the presence of two witnesses plus a notary
Within 30 days of signing

Correct answer: Before an authorized officer such as a notary public

New York Real Property Law requires deed acknowledgments before an authorized officer, which includes a notary public.

Question 25: Can a New York State Notary Public notarize a document for a family member?

Yes, but only for immediate family members
Yes, as long as the notary does not benefit from the transaction (Correct answer)
No, never
Yes, without any restrictions

Correct answer: Yes, as long as the notary does not benefit from the transaction

In New York State, a notary public can notarize a document for a family member, provided they do not have a direct or indirect beneficial interest in the transaction. The core principle is impartiality; the notary must not gain financially or personally from the document's execution. If there is any personal benefit, the notary must decline the request to avoid a conflict of interest.

Question 26: Can a family member of the signer serve as a credible identifying witness in New York?

Only if the family member is also a notary public
Yes, any adult family member qualifies automatically
It depends — the notary must exercise judgment, as family members may have a bias (Correct answer)
No, family members are always disqualified

Correct answer: It depends — the notary must exercise judgment, as family members may have a bias

New York law does not automatically disqualify family members, but a notary should use caution due to potential bias.

Question 27: When taking an acknowledgment, a New York notary must confirm that the signer:

Is a U.S. citizen
Has two witnesses present
Signed the document in the notary's office only
Personally appeared and acknowledged executing the document freely (Correct answer)

Correct answer: Personally appeared and acknowledged executing the document freely

An acknowledgment requires the signer to personally appear and acknowledge that they executed the document of their own free will.

Question 28: A New York notary administers an oath but forgets to sign the jurat. The affidavit is:

Valid if the affiant initials the document
Still valid if the notary's seal is present
Defective and may be rejected by a court or government agency (Correct answer)
Valid because the oath was verbally administered

Correct answer: Defective and may be rejected by a court or government agency

An unsigned jurat is a defective notarial certificate; courts and agencies routinely reject such documents.

Question 29: A document notarized in New York is intended for use in a foreign country that is a party to the Hague Convention of 1961. To be considered valid in that country, the document must typically be authenticated with a certificate known as an:

Apostille (Correct answer)
Certificate of Official Character
Foreign Seal of Approval
Authentication Certificate

Correct answer: Apostille

An Apostille is a specific form of authentication issued to documents for use in countries that participate in the Hague Convention. For countries not part of the convention, a standard Certificate of Authentication is used.

Question 30: A 'venue' on a notarial certificate refers to:

The state and county where the notarization took place (Correct answer)
The address of the notary's office
The court where the document will be filed
The location of the signing party's residence

Correct answer: The state and county where the notarization took place

The venue identifies the state and county where the notarial act was performed.

Question 31: A signer claims to be an attorney and says their bar card proves identity. How should a New York notary respond?

Accept the bar card as primary ID because attorneys are officers of the court
Call the New York State Bar to confirm membership
Use the bar card as supplemental identification combined with another form of ID (Correct answer)
Refuse unless a government-issued photo ID is also presented

Correct answer: Use the bar card as supplemental identification combined with another form of ID

A bar card is a professional credential, not a government-issued photo ID; it is best used as supplemental, not sole, identification.

Question 32: Which best describes the notary's duty with respect to a signer who appears to be acting under duress?

Proceed with the notarization and note the concern on the certificate
Refuse to notarize if there are reasonable grounds to believe the signer is acting involuntarily (Correct answer)
Consult the Department of State before deciding
Proceed at the request of the person applying pressure

Correct answer: Refuse to notarize if there are reasonable grounds to believe the signer is acting involuntarily

A notary must refuse to notarize if there are reasonable grounds to believe the signer is not acting freely and voluntarily.

Question 33: When a New York notary performs a remote online notarization, the audio-visual session must be:

Recorded if the notary chooses, but not required
Conducted live in real time without any recording
Witnessed by a second notary on video
Recorded and retained for a minimum of 10 years (Correct answer)

Correct answer: Recorded and retained for a minimum of 10 years

New York RON law requires the notarization session to be recorded and retained for at least 10 years.

Question 34: When a New York notary public changes their name, they must:

Surrender the commission and reapply after a 90-day waiting period
File a new application and take a new exam
Do nothing — the commission continues under the old name
Notify the Department of State and file an application for a new certificate (Correct answer)

Correct answer: Notify the Department of State and file an application for a new certificate

A name change requires notifying the Department of State and filing for a new certificate.

Question 35: A New York notary who seals a document with the wrong information in their seal (e.g., wrong commission expiration date) should:

Correct the certificate before it is used by striking through the error and re-signing (Correct answer)
Leave the document as-is to avoid drawing attention to the error
Contact the Secretary of State for guidance
Refuse to return the document and create a new certificate

Correct answer: Correct the certificate before it is used by striking through the error and re-signing

Errors in a notarial certificate should be corrected before the document is used, with corrections made and re-signed.

Question 36: After appointment, a new New York notary must take and file their oath of office within:

30 days of appointment (Correct answer)
One year of appointment
60 days of appointment
6 months of appointment

Correct answer: 30 days of appointment

A newly appointed notary must take and file the oath of office within 30 days of appointment.

Question 37: A New York notary is asked to notarize a bill of sale for a vehicle. The notary is the seller of the vehicle. Which of the following is the correct action for the notary to take?

Notarize the document but refuse to accept a fee.
Refuse to notarize the document because the notary is a named party. (Correct answer)
Ask a family member to notarize the document instead.
Proceed with the notarization as long as the buyer provides proper identification.

Correct answer: Refuse to notarize the document because the notary is a named party.

New York Notary Public License Law states that a notary is disqualified from acting in any transaction where the notary is a party to the instrument or has a direct and pecuniary interest. Since the notary is the seller, they are a party to the bill of sale and have a direct financial interest, creating a conflict of interest.

Question 38: The term 'affiant' refers to:

The notary who administers the oath
The witness to a notarized signature
The person who makes a sworn statement in an affidavit (Correct answer)
The attorney who drafts a notarized document

Correct answer: The person who makes a sworn statement in an affidavit

An affiant is the person who makes the sworn written statement contained in an affidavit.

Question 39: Which statement about the New York notary examination is correct?

Only new applicants must take it
It must be retaken at every renewal
It is waived for sitting judges
It is waived for licensed attorneys (Correct answer)

Correct answer: It is waived for licensed attorneys

Licensed attorneys in good standing are exempt from the notary examination in New York.

Question 40: A New York notary's authority to take depositions means:

The notary may issue subpoenas as part of the deposition process
The notary may compel witnesses to appear
The notary may conduct discovery in civil cases without court supervision
The notary may take testimony under oath and certify the transcript (Correct answer)

Correct answer: The notary may take testimony under oath and certify the transcript

A notary may take testimony under oath in a deposition and certify the transcript, but cannot compel witnesses or issue subpoenas.

New York State Notary Public Exam

The NYS Notary Public exam tests knowledge of New York notarial law, duties, proper procedures for notarial acts, and ethical responsibilities required for appointment as a notary public.

Questions

60 min

Time Limit

70%

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