NYS - New York State Notary Powers and Duties Questions and Answers 1 — Questions and Answers
Question 1: Which of the following acts is a specifically authorized power of a New York State Notary Public?
- Certifying a copy of a birth certificate.
- Solemnizing a marriage ceremony.
- Administering an oath of office for a public official. (Correct answer)
- Providing legal advice on a real estate contract.
Correct answer: Administering an oath of office for a public official.
According to New York Executive Law §135, a notary public is authorized to administer oaths and affirmations, including an oath of office. Notaries are expressly prohibited from certifying copies of publicly recordable documents like birth certificates, solemnizing marriages, or offering legal advice.
Question 2: A client presents a document to a NY Notary that has already been signed. The document requires an acknowledgment. What is the appropriate action for the notary to take?
- Refuse the notarization because the document was not signed in the notary's presence.
- Have the signer cross out the signature and re-sign in front of the notary.
- Ask the signer to verbally confirm that the signature on the document is their own and that they signed it willingly. (Correct answer)
- Notarize the document immediately since an acknowledgment does not require the signing to be witnessed.
Correct answer: Ask the signer to verbally confirm that the signature on the document is their own and that they signed it willingly.
For an acknowledgment, the signer does not have to sign the document in the notary's presence. The signer must personally appear before the notary and formally declare or 'acknowledge' that the signature on the document is theirs and that they executed it voluntarily.
Question 3: A New York Notary Public is asked to travel to a neighboring state to notarize a document for a New York resident who is temporarily there. Which of the following is true regarding the notary's authority?
- The notary can perform the notarization since the client is a New York resident.
- The notary can perform the notarization as long as the document pertains to a New York property.
- The notary cannot perform the notarization because their jurisdiction is limited to the physical boundaries of New York State. (Correct answer)
- The notary can perform the notarization if they file a special out-of-state commission certificate.
Correct answer: The notary cannot perform the notarization because their jurisdiction is limited to the physical boundaries of New York State.
A New York Notary Public's powers and duties can only be exercised within the geographical boundaries of New York State. A notary must be physically located within New York at the time of the notarial act.
Question 4: 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?
- $5.00
- $10.00
- $1.00
- $2.00 (Correct answer)
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 5: 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 6: 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.
- Require the person to raise their right hand and swear.
- Administer an affirmation instead of an oath. (Correct answer)
- Proceed with the oath but make a note of the objection.
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.
NYS - New York State Notary Powers and Duties Questions and Answers 1
Which of the following acts is a specifically authorized power of a New York State Notary Public?