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Liability and Misconduct Flashcards

6 cards from real NYS practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

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

    Answer: Guilty of misconduct and the notarization is void

    Notarizing without the signer's personal appearance is misconduct and renders the notarization void.

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

    Answer: A felony

    Executive Law §135-a makes deliberately making a false certificate a felony.

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

    Answer: Civilly liable for damages caused by the negligent notarization

    Negligent notarization that causes damages exposes the notary to civil liability.

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

    Answer: Charging a fee that exceeds the statutory maximum

    Charging fees above the statutory maximum is a violation that can result in removal from office.

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

    Answer: Criminal prosecution for fraudulent impersonation

    Impersonating a notary public is criminal fraud in New York.

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

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

    Notary bonds and E&O insurance protect the public from financial loss due to notarial errors.