NYS - New York State Notary Powers and Duties Questions and Answers

Question 1

Which of the following acts is a specifically authorized power of a New York State Notary Public?

Accepted Answer

Administering an oath of office for a public official.

Answer

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?

Accepted Answer

Ask the signer to verbally confirm that the signature on the document is their own and that they signed it willingly.

Answer

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?

Accepted Answer

The notary cannot perform the notarization because their jurisdiction is limited to the physical boundaries of New York State.

Answer

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?

Accepted Answer

$2.00

Answer

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?

Accepted Answer

Demanding acceptance or payment of foreign and inland bills of exchange.

Answer

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.

NYS - New York State Notary Exam Practice Test

NYS - New York State Notary Exam Practice Test

NYS - New York State Notary Powers and Duties Questions and Answers