NYS - New York State Notary Liability and Misconduct Questions and Answers

Question 1

A New York notary public knowingly completes a notarial certificate for a signer who was not physically present.
If this action is part of a fraudulent scheme involving a real estate transaction, what is the most serious crime the notary could be charged with?

Accepted Answer

Issuing a False Certificate, a class E felony.

Answer

A civil infraction punishable by a fine only.

Answer

Official Misconduct, a class A misdemeanor.

Answer

An administrative violation handled only by the Department of State.

Question 2

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:

Accepted Answer

Misdemeanor

Answer

Felony

Answer

Violation

Answer

Tort

Question 3

Which of the following actions by a New York notary, who is not a licensed attorney, would constitute the unauthorized practice of law?

Accepted Answer

Advising a client which type of notarial certificate to use for their document.

Answer

Charging the statutory fee of $2 for an acknowledgment.

Answer

Refusing to notarize a document for a person who does not have proper identification.

Answer

Keeping a detailed journal of all notarial acts performed.

Question 4

A notary is presented with a will to notarize. The notary is named in the will as a beneficiary who will inherit a significant sum of money. What is the appropriate action for the notary to take?

Accepted Answer

Refuse to notarize the document due to a direct financial interest.

Answer

Notarize the will but add a note disclosing their interest.

Answer

Proceed with the notarization since New York law does not explicitly forbid notarizing for relatives.

Answer

Ask another notary in the office to perform the notarization and act as a non-required witness.

Question 5

If a notary public's error or misconduct directly causes financial harm to an individual, what is the extent of the notary's potential civil liability?

Accepted Answer

The notary is liable for all damages sustained by the injured party.

Answer

Liability is limited to the $60 commission fee.

Answer

Liability is capped at $1,000 per incident.

Answer

The notary is only liable if they have Errors & Omissions insurance.

Question 6

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?

Accepted Answer

Suspend or remove the notary from office.

Answer

Require the notary to retake the exam every year.

Answer

Impose mandatory community service.

Answer

Garnish the notary's wages.