{ "source": "Original MyLevel practice questions written from the New York Department of State booklet 'Notary Public License Law' (September 2026 edition): Executive Law §§130-142-a, Real Property Law, the Department of State rules for notaries (19 NYCRR Part 182, including electronic notarization), the related Penal Law, Judiciary Law and Public Officers Law sections, and the booklet's glossary of legal terms. These are not questions from the official exam: the Department of State does not publish its exam questions.", "rules": { "questions": 40, "passMark": 28, "minutes": 60, "note": "Checked on 27 Oct 2026 (dos.ny.gov and the Oneida County Clerk). The New York State notary public exam is a written multiple-choice exam with a 1-hour time limit, held as a walk-in exam at Department of State sites across the state (no pre-registration; bring a photo ID and two #2 pencils; no books or reference material). The exam fee is $15 per sitting and is not refundable. Results are mailed and reported only as pass or fail, with no numeric score, and stay valid for 2 years. The Oneida County Clerk states that you must answer at least 70 percent of the questions correctly. After passing, the commission application costs $60 and the term is 4 years; New York attorneys and court clerks of the Unified Court System are exempt from the exam. The Department of State does not publish the number of questions: MyLevel mock exams use 40 questions in 60 minutes with a pass mark of 28 (70%). MyLevel is not affiliated with the New York Department of State or any county clerk. California and other states have their own, different notary exams; this test covers New York law only.", "sources": [ "https://dos.ny.gov/become-notary-public", "https://dos.ny.gov/july-december-2026-notary-written-exam-info-and-schedule", "https://dos.ny.gov/system/files/documents/2026/09/notary-public-license-law_09.2026.pdf", "https://oneidacountyny.gov/departments/county-clerk/notary-public/notary-public-walk-in-examination/" ], "checked": "2026-10-27" }, "topics": [ { "slug": "appoint", "name": "Qualifications, appointment, term and fees" }, { "slug": "powers", "name": "Powers, fees and limits (practice of law)" }, { "slug": "ack", "name": "Acknowledgments, proofs and identity" }, { "slug": "oath", "name": "Oaths, affirmations, affidavits and jurats" }, { "slug": "records", "name": "Signature, statement of authority and records" }, { "slug": "enotary", "name": "Electronic notarization" }, { "slug": "misconduct", "name": "Misconduct, penalties and removal" }, { "slug": "terms", "name": "Legal terms" } ], "questions": [ { "id": "nt-001", "topic": "appoint", "q": "How long is a New York notary public commission?", "options": [ "2 years", "10 years", "5 years", "4 years" ], "answer": 3, "explain": "Executive Law §130 appoints a notary for a term of 4 years. The notary must apply for reappointment to keep acting.", "volatile": true }, { "id": "nt-002", "topic": "appoint", "q": "What is the fee for an initial application for a New York notary commission?", "options": [ "$100", "$40", "$60", "$15" ], "answer": 2, "explain": "The application fee is $60 and is non-refundable (Executive Law §131). The written exam is a separate $15 fee.", "volatile": true }, { "id": "nt-003", "topic": "appoint", "q": "What does each sitting of the New York notary public written exam cost?", "options": [ "$25", "$10", "$15", "$60" ], "answer": 2, "explain": "The Department of State charges $15 for each exam (19 NYCRR §182.11). Exam fees are not refunded.", "volatile": true }, { "id": "nt-004", "topic": "appoint", "q": "Which applicants may be appointed as a New York notary without taking the written exam?", "options": [ "Anyone holding a four-year college degree", "Bank employees with five years of service at one bank", "Attorneys admitted to practice in New York", "Licensed real estate salespersons" ], "answer": 2, "explain": "Attorneys admitted in New York may be appointed without the exam. The Department of State also exempts court clerks of the Unified Court System.", "volatile": false }, { "id": "nt-005", "topic": "appoint", "q": "Which residence rule applies to a New York notary applicant?", "options": [ "Live in New York or have an office or place of business there", "Live in New York for at least five years before applying", "Live in New York City or one of its five boroughs", "Be registered to vote in the county of residence" ], "answer": 0, "explain": "Executive Law §130 requires New York residence or an office or place of business in New York State.", "volatile": false }, { "id": "nt-006", "topic": "appoint", "q": "How long is a passing result on the New York notary exam valid for an application?", "options": [ "6 months", "4 years", "1 year", "2 years" ], "answer": 3, "explain": "The Department of State states that exam results are only valid for two years. After that you must pass the exam again before applying.", "volatile": true }, { "id": "nt-007", "topic": "appoint", "q": "Which of these is one of the qualifications listed in Executive Law §130?", "options": [ "A surety bond filed with the county clerk", "Two years of work in a law office", "A four-year degree from an accredited college", "The equivalent of a common school education" ], "answer": 3, "explain": "The applicant must have the equivalent of a common school education, be of good moral character and be familiar with a notary's duties. New York requires no bond.", "volatile": false }, { "id": "nt-008", "topic": "appoint", "q": "A notary changes her home address. Within how many days must she tell the Secretary of State?", "options": [ "30 days", "5 days", "90 days", "10 days" ], "answer": 1, "explain": "19 NYCRR §182.3 requires notice of a change of name, address or e-mail address within five days.", "volatile": true }, { "id": "nt-009", "topic": "appoint", "q": "What is the fee to file a change of name or address with the Department of State?", "options": [ "$20", "$2", "$60", "$10" ], "answer": 3, "explain": "A change of name or address costs $10, non-refundable (Executive Law §131). There is no fee when it is made on a reappointment application.", "volatile": true }, { "id": "nt-010", "topic": "appoint", "q": "A notary loses her identification card. What does a duplicate card cost?", "options": [ "$5", "$15", "$60", "$10" ], "answer": 3, "explain": "A duplicate identification card costs $10. It is stamped 'duplicate' and keeps the original number (Executive Law §131).", "volatile": true }, { "id": "nt-011", "topic": "appoint", "q": "From the $60 application fee, how much does the Secretary of State pass on to the county clerk?", "options": [ "$10", "$15", "$40", "$20" ], "answer": 3, "explain": "Executive Law §131 sends $20 of the fee, with the commission, oath and signature, to the county clerk of the county of residence.", "volatile": true }, { "id": "nt-012", "topic": "appoint", "q": "Out of the $60 application fee, how much does the Secretary of State keep after paying the county clerk's share?", "options": [ "$40", "$45", "$60", "$20" ], "answer": 0, "explain": "$20 goes to the county clerk, so the Secretary of State keeps $60 - $20 = $40.", "volatile": true }, { "id": "nt-013", "topic": "appoint", "q": "Which office appoints notaries public in New York?", "options": [ "The Governor's office, by executive order", "The Secretary of State", "The Chief Judge of the Court of Appeals", "The county clerk of each county" ], "answer": 1, "explain": "The Secretary of State appoints notaries and issues the commission (Executive Law §130-131). The county clerk keeps a record of the commission and signature.", "volatile": false }, { "id": "nt-014", "topic": "appoint", "q": "Before performing any notarial act, a new appointee must also do what?", "options": [ "Take and file the oath of office", "Post a bond with the bank", "Buy an embossing seal", "Register with the New York State Bar Association" ], "answer": 0, "explain": "The application includes an oath of office. Acting as a notary before the oath is filed is a misdemeanor (Public Officers Law §15).", "volatile": false }, { "id": "nt-015", "topic": "appoint", "q": "A notary's commission expired last month. Under the Department of State rules, may she still apply for reappointment?", "options": [ "Yes, at any time within four years", "No, she must start over with a new exam and fee", "Only if a county judge gives written approval", "Yes, within 90 days of the expiration date" ], "answer": 3, "explain": "19 NYCRR §182.10 lets a notary apply for reappointment within 90 days of the commission's expiration, if still qualified.", "volatile": false }, { "id": "nt-016", "topic": "appoint", "q": "A notary who marries during her term wants to keep notarizing. What does the Department of State tell her?", "options": [ "Use her old name on some documents and her new married name on all others", "Stop notarizing until she passes the exam again", "Sign only her new married name, without telling anyone", "Keep using the name she was commissioned under for the rest of the term" ], "answer": 3, "explain": "The Department of State's guidance is to keep notarizing under the commissioned name for the rest of the term. A name change form can be filed with the $10 fee.", "volatile": false }, { "id": "nt-017", "topic": "appoint", "q": "Under County Law §534, what must every county clerk provide?", "options": [ "A notary on duty on weekends and holidays", "At least one staff notary serving the public free of charge", "A free notary exam twice a year", "A printed list of private notaries in the county with their prices" ], "answer": 1, "explain": "Each county clerk designates staff notaries who serve the public free during business hours. They are exempt from the exam and application fees.", "volatile": false }, { "id": "nt-018", "topic": "appoint", "q": "A county commissioner of elections wants to become a notary. What does the law say?", "options": [ "The office of election commissioner does not bar appointment", "Only for election documents", "Only after leaving the election office", "Election officials may never hold a notary commission while in office" ], "answer": 0, "explain": "Election Law §§3-200 and 3-400 state that commissioners and inspectors of elections are eligible for the office of notary public.", "volatile": false }, { "id": "nt-019", "topic": "appoint", "q": "A person was removed from office as a New York City commissioner of deeds. May she be appointed a notary?", "options": [ "No, she is not eligible", "Yes, if she passes the exam twice", "Only in a county outside New York City", "Yes, after one year" ], "answer": 0, "explain": "Executive Law §140 bars a person removed as a New York City commissioner of deeds from appointment as a notary public.", "volatile": false }, { "id": "nt-020", "topic": "appoint", "q": "Within what area may a New York notary public perform notarial acts?", "options": [ "In New York and its adjoining states", "Only in the county of residence", "Only in the county where the oath was filed", "Anywhere in New York State" ], "answer": 3, "explain": "Executive Law §135 and Real Property Law §298 let a notary act anywhere within the state, not just in the home county.", "volatile": false }, { "id": "nt-021", "topic": "appoint", "q": "What does it cost to register as an electronic notary with the Secretary of State?", "options": [ "$15", "$60", "$100", "$25" ], "answer": 1, "explain": "19 NYCRR §182.11 sets a $60 fee for registering electronic notary capability, in addition to the commission itself.", "volatile": true }, { "id": "nt-022", "topic": "appoint", "q": "What is the fee to renew (reappoint) a New York notary commission?", "options": [ "$15", "$60", "$30", "$40" ], "answer": 1, "explain": "The reappointment fee is the same as the first application: $60, non-refundable.", "volatile": true }, { "id": "nt-023", "topic": "powers", "q": "A customer asks a non-attorney notary which type of deed she should use to sell her house. What should the notary do?", "options": [ "Explain the tax effects of each deed", "Draft the deed for a fair fee", "Decline and refer her to a lawyer", "Recommend the most common deed form" ], "answer": 2, "explain": "Giving legal advice or drawing legal papers is the practice of law. A non-attorney notary may not do it (Judiciary Law §§484-485).", "volatile": false }, { "id": "nt-024", "topic": "powers", "q": "A non-attorney notary drafts a will for a neighbour and charges $50. What is this?", "options": [ "Allowed if he also witnesses it", "Unauthorized practice of law", "A proper notarial service", "Allowed below a $100 fee" ], "answer": 1, "explain": "Drawing a will is legal work. Doing it without being an attorney is a misdemeanor and grounds for removal from office.", "volatile": false }, { "id": "nt-025", "topic": "powers", "q": "What kind of offense is the unauthorized practice of law under Judiciary Law §485?", "options": [ "A class D felony", "A misdemeanor", "A civil matter only", "A violation with no record" ], "answer": 1, "explain": "Judiciary Law §485 makes a violation of §§478-484, including practising law without admission, a misdemeanor.", "volatile": false }, { "id": "nt-026", "topic": "powers", "q": "A couple asks a notary to marry them. What does New York law say?", "options": [ "A notary may marry them inside the home county only", "A notary may marry them with two witnesses", "Only notaries who are clergy may marry them", "A notary has no authority to solemnize a marriage" ], "answer": 3, "explain": "Domestic Relations Law §11 says a notary public has no authority to solemnize marriages.", "volatile": false }, { "id": "nt-027", "topic": "powers", "q": "Someone asks a notary to certify that a photocopy of a diploma is a true copy. What should the notary do?", "options": [ "Certify it for an extra $2 fee", "Certify it after comparing it with the original", "Certify it only for use abroad", "Decline: a notary cannot issue certified copies" ], "answer": 3, "explain": "Notaries have no authority to issue certified copies. A certified copy comes from the custodian of the original record.", "volatile": false }, { "id": "nt-028", "topic": "powers", "q": "A notary is the buyer in a real estate deal. May she take the acknowledgment of the seller on the deed?", "options": [ "Yes, if another notary co-signs the certificate with her", "Yes, if she charges no fee", "No, she is a party to the transaction", "Yes, if the seller agrees" ], "answer": 2, "explain": "A notary who is a party to, or has a direct financial interest in, a transaction is disqualified from acting in it.", "volatile": false }, { "id": "nt-029", "topic": "powers", "q": "A notary works for a corporation and is not a party to a deed signed by its president. May she take the president's acknowledgment?", "options": [ "No, employees may never notarize for their employer", "Yes, Executive Law §138 allows it", "Only if she owns no shares", "Only with a court order" ], "answer": 1, "explain": "Executive Law §138 lets a stockholder, officer or employee take acknowledgments for the corporation, as long as she is not a party executing the instrument.", "volatile": false }, { "id": "nt-030", "topic": "powers", "q": "A notary needs his own signature on an affidavit notarized. What may he do?", "options": [ "Administer the oath to himself", "Sign and stamp it himself", "Ask another notary to administer the oath", "Have a co-worker sign the jurat in his name" ], "answer": 2, "explain": "A notary cannot administer an oath to himself or notarize his own signature. Another authorized officer must do it.", "volatile": false }, { "id": "nt-031", "topic": "powers", "q": "What is the most a New York notary may charge for administering an oath or affirmation?", "options": [ "$10", "$5", "$2", "$1" ], "answer": 2, "explain": "Executive Law §136 sets the fee at $2 for an oath or affirmation.", "volatile": true }, { "id": "nt-032", "topic": "powers", "q": "Two people sign one deed and both acknowledge it before a notary. What is the most the notary may charge?", "options": [ "$4", "$2", "$6", "$10" ], "answer": 0, "explain": "The fee is $2 for each person whose acknowledgment is taken (Executive Law §136), so 2 x $2 = $4.", "volatile": true }, { "id": "nt-033", "topic": "powers", "q": "Three people acknowledge the same agreement before one notary. What is the maximum total fee?", "options": [ "$6", "$9", "$4", "$2" ], "answer": 0, "explain": "Executive Law §136 allows $2 per person for an acknowledgment, so 3 x $2 = $6.", "volatile": true }, { "id": "nt-034", "topic": "powers", "q": "A notary charges $10 for a single oath. Under Public Officers Law §67, what can the person who paid recover?", "options": [ "Treble the amount received", "Nothing, fees are not regulated", "Only the $8 overcharge", "A fixed $1,000 penalty" ], "answer": 0, "explain": "Charging more than the legal fee is not allowed. Public Officers Law §67 makes the officer liable to the injured party for treble the amount received.", "volatile": false }, { "id": "nt-035", "topic": "powers", "q": "What is the maximum fee for protesting a note, plus the notices, if the notary sends 5 notices?", "options": [ "$1.75", "$0.75", "$1.25", "$5" ], "answer": 2, "explain": "Executive Law §135 allows 75 cents for the protest and 10 cents per notice, up to five notices: $0.75 + 5 x $0.10 = $1.25.", "volatile": true }, { "id": "nt-036", "topic": "powers", "q": "A person asks a notary to administer an oath, and nothing about it is improper. May the notary simply refuse?", "options": [ "No, an officer authorized to give oaths must do so when asked", "Yes, notaries may refuse anyone at will, without giving any reason", "Yes, unless the person is a client", "Only if the notary is off duty" ], "answer": 0, "explain": "The booklet cites Penal Law §195.00: an officer authorized to administer an oath is bound to administer it when requested.", "volatile": false }, { "id": "nt-037", "topic": "powers", "q": "Under Executive Law §135, which act may a New York notary perform?", "options": [ "Certify a birth record", "Seal a court judgment", "Issue a marriage licence", "Take a deposition" ], "answer": 3, "explain": "Notaries may administer oaths and affirmations, take affidavits and depositions, take acknowledgments and proofs, and protest notes and bills.", "volatile": false }, { "id": "nt-038", "topic": "powers", "q": "A bank opens an unpaid safe deposit box. Whose presence does Banking Law §335 require?", "options": [ "A police officer", "A county judge", "A notary public", "The county clerk" ], "answer": 2, "explain": "Under Banking Law §335 the box may be opened in the presence of a notary public, who then files a sealed certificate of what was found.", "volatile": false }, { "id": "nt-039", "topic": "powers", "q": "Before a bank opens an unpaid safe deposit box, at least how much notice must the renter get?", "options": [ "10 days", "30 days", "90 days", "5 days" ], "answer": 1, "explain": "Banking Law §335 requires at least 30 days' notice before the box is opened in a notary's presence.", "volatile": false }, { "id": "nt-040", "topic": "powers", "q": "After opening a safe deposit box under Banking Law §335, within how many days must a copy of the certificate be mailed to the renter?", "options": [ "60 days", "30 days", "10 days", "5 days" ], "answer": 2, "explain": "The copy of the notary's certificate must be mailed to the lessee within 10 days.", "volatile": false }, { "id": "nt-041", "topic": "powers", "q": "A non-attorney notary advertises as 'Notario Público' in a Spanish-language flyer. Why is this a problem?", "options": [ "Notaries may not advertise at all", "The title must always be in Latin", "Spanish ads need a court permit", "The term suggests he is a lawyer" ], "answer": 3, "explain": "Executive Law §135-b and 19 NYCRR §182.1 forbid non-attorneys from using foreign terms that imply they are attorneys, such as 'notario público' or 'abogado'.", "volatile": false }, { "id": "nt-042", "topic": "powers", "q": "A non-attorney notary advertises in Korean. What must the advertisement contain?", "options": [ "A disclaimer that the notary is not an attorney and cannot give legal advice", "A copy of his commission certificate", "The fee schedule approved by the county clerk and the Department of State", "His home address and date of birth" ], "answer": 0, "explain": "Non-English advertisements must include the required disclaimer that the notary is not a licensed attorney and may not give legal advice or accept fees for it.", "volatile": false }, { "id": "nt-043", "topic": "powers", "q": "What is the maximum civil penalty for a notary's advertising violation under Executive Law §135-b?", "options": [ "$5,000", "$500", "$1,000", "$100" ], "answer": 2, "explain": "The penalty is up to $1,000 per violation. A second violation can lead to suspension and a third to removal.", "volatile": true }, { "id": "nt-044", "topic": "powers", "q": "A lawyer offers a notary $25 for every client she sends him. What does the rule say?", "options": [ "She may accept it if she reports it to the Secretary of State each year", "She may not accept fees for referring legal business", "She may accept it up to $100 a year", "She may accept it from licensed lawyers" ], "answer": 1, "explain": "Non-attorney notaries may not solicit legal business for a lawyer or accept payment for referrals, and may not share a lawyer's fees.", "volatile": false }, { "id": "nt-045", "topic": "powers", "q": "A client wants a notary to supervise the signing of his will as if she were his lawyer. How does the booklet describe this?", "options": [ "It cannot be too strongly condemned", "It is allowed with two witnesses", "It is allowed for family members", "It is a normal notarial task" ], "answer": 0, "explain": "The booklet warns that supervising the execution of wills, in effect acting as a lawyer, 'cannot be too strongly condemned'.", "volatile": false }, { "id": "nt-046", "topic": "ack", "q": "A signer calls a notary and asks her to take his acknowledgment over the phone. What is the rule?", "options": [ "Allowed if she knows his voice", "Allowed for documents under $1,000", "Not allowed: he must appear in person", "Allowed with a faxed signature" ], "answer": 2, "explain": "Taking an acknowledgment by telephone is illegal. The signer must personally appear before the notary (or use a registered electronic notary).", "volatile": false }, { "id": "nt-047", "topic": "ack", "q": "What does a notary certify when taking an acknowledgment?", "options": [ "Who the signer is and that the signer executed the document", "That the document is legally valid", "That every statement in the document is true, complete and accurate", "That the notary has read the whole document" ], "answer": 0, "explain": "An acknowledgment is the signer's declaration that he signed the instrument. The notary certifies identity and execution, not the content.", "volatile": false }, { "id": "nt-048", "topic": "ack", "q": "Under Real Property Law §303, before taking an acknowledgment the notary must:", "options": [ "Call the county clerk for approval", "Know or have satisfactory evidence of the signer's identity", "Read the document aloud to the signer", "Collect and keep a copy of the signer's most recent tax return" ], "answer": 1, "explain": "§303 says an acknowledgment must not be taken unless the officer knows or has satisfactory evidence that the person is the one described in the instrument.", "volatile": false }, { "id": "nt-049", "topic": "ack", "q": "Which is satisfactory evidence of identity for an in-person act under 19 NYCRR §182.5?", "options": [ "A current government photo ID with a signature", "A utility bill without a signature", "A business card with a phone number", "The signer's word that he is the person named" ], "answer": 0, "explain": "A valid, current government-issued ID with a photo and signature is one of the listed methods. Other methods include two signed documents or identifying witnesses.", "volatile": false }, { "id": "nt-050", "topic": "ack", "q": "A signer has no photo ID. Which of these can still be satisfactory evidence under 19 NYCRR §182.5?", "options": [ "A photo of him on a phone", "One expired gym membership card", "A letter from his landlord", "Two current documents bearing his signature" ], "answer": 3, "explain": "Two current documents issued to the individual and bearing his signature are an accepted method of proving identity.", "volatile": false }, { "id": "nt-051", "topic": "ack", "q": "A signer is unknown to the notary but a witness knows both the signer and the notary. What can identify the signer?", "options": [ "The witness's business card", "The witness's text message", "The oath of that witness", "Nothing: only a passport counts" ], "answer": 2, "explain": "19 NYCRR §182.5 accepts the oath of a witness who personally knows both the individual and the notary.", "volatile": false }, { "id": "nt-052", "topic": "ack", "q": "If no single witness knows both the signer and the notary, which option does 19 NYCRR §182.5 allow?", "options": [ "Oaths of two witnesses who know the signer and show ID", "Any two people who happened to be present in the notary's office", "A phone call to the signer's employer", "One witness who has known the signer for a year" ], "answer": 0, "explain": "Two witnesses who personally know the individual can identify him under oath, if each presents qualifying ID.", "volatile": false }, { "id": "nt-053", "topic": "ack", "q": "What is a 'proof' of a signature in New York?", "options": [ "A signer's oath that the contents are true", "A county clerk's check of the notary's signature and commission on file", "A subscribing witness's sworn statement that he saw the person sign", "A copy of the document certified by a notary" ], "answer": 2, "explain": "In a proof, a subscribing witness states his residence, that he knew the person who executed the instrument and that he saw him sign it.", "volatile": false }, { "id": "nt-054", "topic": "ack", "q": "Under Real Property Law §304, a notary may take a proof by a subscribing witness only if:", "options": [ "The witness has known the signer for at least 10 years and says so", "The signer of the deed is also present", "The witness is a lawyer or a notary", "The notary knows the witness or has satisfactory evidence of identity" ], "answer": 3, "explain": "§304: the proof must not be taken unless the officer is personally acquainted with the witness or has satisfactory evidence of identity.", "volatile": false }, { "id": "nt-055", "topic": "ack", "q": "When a subscribing witness who lives in a city makes a proof, what must the witness state?", "options": [ "His residence, including the street address", "Only his date of birth", "The price paid in the deal", "His income and occupation" ], "answer": 0, "explain": "Real Property Law §304 requires the witness to state his residence, with the street and street number if he lives in a city.", "volatile": false }, { "id": "nt-056", "topic": "ack", "q": "Which law sets out the statutory short-form certificates of acknowledgment for acts within New York?", "options": [ "Real Property Law §309-a", "Banking Law §335", "Penal Law §195.00", "Executive Law §135-b" ], "answer": 0, "explain": "§309-a sets the uniform in-state forms. §309-b covers acknowledgments taken outside New York, including in other countries.", "volatile": false }, { "id": "nt-057", "topic": "ack", "q": "The uniform acknowledgment form says the signer was personally known to the notary or what?", "options": [ "Confirmed by a phone call to the signer's employer", "Listed in the county telephone book", "Recommended by a member of the bar", "Proved on the basis of satisfactory evidence" ], "answer": 3, "explain": "The §309-a wording reads 'personally known to me or proved to me on the basis of satisfactory evidence'.", "volatile": false }, { "id": "nt-058", "topic": "ack", "q": "What is the main difference between an acknowledgment and an affidavit?", "options": [ "An affidavit needs no signature at all", "An affidavit is sworn to under oath; an acknowledgment is not", "An acknowledgment always needs two witnesses besides the notary", "Only an acknowledgment needs a venue" ], "answer": 1, "explain": "An acknowledgment certifies identity and signing. An affidavit is a statement sworn to before the notary. The notary must know which act is asked for.", "volatile": false }, { "id": "nt-059", "topic": "ack", "q": "A married woman acknowledges a deed. How is her acknowledgment taken?", "options": [ "Only with her husband present", "Only with her husband's written consent", "Only before a judge", "The same way as if she were unmarried" ], "answer": 3, "explain": "Real Property Law §302: an acknowledgment by a married woman is made and certified the same as if she were unmarried.", "volatile": false }, { "id": "nt-060", "topic": "ack", "q": "Under Real Property Law §306, the certificate of acknowledgment must be:", "options": [ "Typed by the signer and dated by a clerk", "Signed by the officer and state the required facts", "Stamped with an embossed seal", "Filed with the Secretary of State within 5 days of the act" ], "answer": 1, "explain": "§306 requires the officer to endorse or attach a certificate, signed by himself, stating all the matters required.", "volatile": false }, { "id": "nt-061", "topic": "ack", "q": "A document in Spanish is to be recorded in New York. What does Real Property Law §333 require?", "options": [ "An accurate English translation attached", "A notary who speaks Spanish", "A certificate from the Spanish consulate", "Nothing extra: any language may be recorded" ], "answer": 0, "explain": "Instruments in another language must be accompanied by an English translation, made by a designated translator or certified as accurate.", "volatile": false }, { "id": "nt-062", "topic": "ack", "q": "Under Executive Law §142-a, a notarial act is not invalid only because the notary's commission had expired, unless:", "options": [ "The document was more than 10 pages long or had attachments", "The act took place on a weekend", "The signer paid the fee in cash", "The defect was known or apparent on the face of the certificate" ], "answer": 3, "explain": "§142-a saves acts done despite listed defects, such as an expired term, unless the person relying on it knew of the defect or it was apparent on the certificate.", "volatile": false }, { "id": "nt-063", "topic": "ack", "q": "Under §142-a, a known or apparent defect still makes the act vulnerable. How long after the act does that exception last?", "options": [ "Two years", "30 days", "Six months", "Four years" ], "answer": 2, "explain": "The booklet notes the knowledge/apparent-defect exception ends six months after the act was performed.", "volatile": false }, { "id": "nt-064", "topic": "ack", "q": "The parties to a deed are in the room for only part of the notarization. What does 19 NYCRR §182.3 require?", "options": [ "Nothing, if they were seen earlier", "Personal appearance for the whole notarial act", "Appearance for the signature line only", "Appearance of at least one of them for the entire act" ], "answer": 1, "explain": "Principals must personally appear for the duration of the notarial act, except as allowed for registered electronic acts.", "volatile": false }, { "id": "nt-065", "topic": "oath", "q": "A signer objects to swearing an oath for religious reasons. What should the notary do?", "options": [ "Refuse the notarization", "Give an affirmation instead", "Skip the oath and stamp the paper", "Ask for a letter from his clergy" ], "answer": 1, "explain": "An affirmation is a solemn declaration for those who conscientiously decline to swear. It is legally equivalent to an oath.", "volatile": false }, { "id": "nt-066", "topic": "oath", "q": "How does New York law treat an affirmation compared with an oath?", "options": [ "It is only for minors", "It is weaker and not used in court", "It is valid only if written out and signed by a lawyer", "It is legally equivalent and equally binding" ], "answer": 3, "explain": "An affirmation has the same legal force as an oath, so a false affirmation can also be perjury.", "volatile": false }, { "id": "nt-067", "topic": "oath", "q": "What is a jurat?", "options": [ "The affidavit itself", "The notary's certificate on an affidavit stating it was sworn before him", "The county clerk's stamp on a deed", "The signer's sworn statement given later in open court" ], "answer": 1, "explain": "The jurat is the notary's part of the affidavit, certifying that it was sworn to before him. It is not the affidavit itself.", "volatile": false }, { "id": "nt-068", "topic": "oath", "q": "What do we call the person who signs and swears to an affidavit?", "options": [ "The affiant", "The plaintiff", "The executor", "The grantor" ], "answer": 0, "explain": "The affiant makes the affidavit. The term 'deponent' is used for the same person.", "volatile": false }, { "id": "nt-069", "topic": "oath", "q": "Which word is used interchangeably with 'affiant'?", "options": [ "Lessor", "Grantee", "Testator", "Deponent" ], "answer": 3, "explain": "A deponent is a person who swears to a written statement, the same role as an affiant.", "volatile": false }, { "id": "nt-070", "topic": "oath", "q": "Which wording does the booklet give for administering an oath on an affidavit?", "options": [ "'Do you solemnly swear that the contents of this affidavit subscribed by you is correct and true?'", "'Is this your signature?'", "'Do you agree to the terms of this document?'", "'Have you read this document?'" ], "answer": 0, "explain": "The booklet's suggested oath asks the affiant to swear that the contents of the affidavit are correct and true.", "volatile": false }, { "id": "nt-071", "topic": "oath", "q": "To complete an oath, what must the person do after the notary puts the question?", "options": [ "Nod without speaking, if busy", "Remain silent while signing", "Clearly assent, for example by saying 'I do'", "Write the oath out by hand" ], "answer": 2, "explain": "The person must indicate assent at that moment. The oath must be given in person, in a form meant to awaken the conscience (CPLR 2309).", "volatile": false }, { "id": "nt-072", "topic": "oath", "q": "An employee asks a notary to give an oath to 'Acme Corp.' itself. What is the rule?", "options": [ "The building's owner can take it", "Any paper of the company can", "The corporation's seal can take it", "Only an individual can take an oath" ], "answer": 3, "explain": "A corporation or partnership cannot take an oath. Only an individual, for example an officer acting for the company, can swear.", "volatile": false }, { "id": "nt-073", "topic": "oath", "q": "Can a notary administer an oath over the telephone?", "options": [ "Yes, for short affidavits", "Yes, if the caller is a lawyer", "No, the person must be in his presence", "Yes, if he records the call" ], "answer": 2, "explain": "An oath must be administered in the presence of the officer. Oaths by telephone are not allowed (registered electronic acts use live audio-video).", "volatile": false }, { "id": "nt-074", "topic": "oath", "q": "What is an affidavit?", "options": [ "A court order to appear", "An unsigned summary of facts", "A signed written statement sworn to before an authorized officer", "A contract between two or more parties signed in front of a witness" ], "answer": 2, "explain": "An affidavit is a written statement signed and sworn before a notary or other officer. The affiant must appear and swear to its contents.", "volatile": false }, { "id": "nt-075", "topic": "oath", "q": "What should every affidavit and acknowledgment show near the top?", "options": [ "The signer's Social Security number", "The venue: State of New York, County of ...", "The fee charged", "The notary's home address" ], "answer": 1, "explain": "The venue states where the act took place, normally 'State of New York, County of ___'.", "volatile": false }, { "id": "nt-076", "topic": "oath", "q": "A new town official must take an official oath of office. May a notary administer it?", "options": [ "No, only a judge may do it", "Yes, a notary may administer it", "Only the county clerk may", "Only the Governor may" ], "answer": 1, "explain": "Public Officers Law §10 allows the oath of office of a public officer to be administered by a notary public, among others.", "volatile": false }, { "id": "nt-077", "topic": "oath", "q": "A person swears to an affidavit he knows is false on a material point. What may he have committed?", "options": [ "Forgery in the second degree", "Perjury", "Official misconduct", "Contempt of court" ], "answer": 1, "explain": "Perjury is making a false material statement under oath, knowing it to be false. Official misconduct applies to public servants such as the notary.", "volatile": false }, { "id": "nt-078", "topic": "oath", "q": "What is a deposition?", "options": [ "A bank's refusal to pay a note", "A written lease of real property", "Testimony of a witness under oath, taken outside court", "A judge's final written decision at the end of a civil case" ], "answer": 2, "explain": "A deposition is a witness's testimony given under oath outside court, before an authorized officer such as a notary, for use at a trial or hearing.", "volatile": false }, { "id": "nt-079", "topic": "oath", "q": "Under which rule may a deposition in a New York civil case be taken before a notary?", "options": [ "Banking Law §335", "Domestic Relations Law §11", "CPLR 3113", "Executive Law §140" ], "answer": 2, "explain": "CPLR 3113 lets depositions within New York be taken before a person authorized to administer oaths, including a notary.", "volatile": false }, { "id": "nt-080", "topic": "oath", "q": "Which person cannot take an oath before a notary?", "options": [ "An officer of a company", "A partner, for the firm", "A minor who understands the oath", "A partnership as an entity" ], "answer": 3, "explain": "Only individuals can swear. A partner or officer can swear for a firm, but the firm itself cannot take an oath.", "volatile": false }, { "id": "nt-081", "topic": "records", "q": "Under Executive Law §137, what must a notary print or stamp under her signature?", "options": [ "Name, home address, phone number and e-mail", "Name, the fee charged for the act and the full name of her employer", "Name, 'Notary Public State of New York', county and expiration date", "Name, Social Security number and date of birth" ], "answer": 2, "explain": "§137 requires the notary's name, the words 'Notary Public State of New York', the county where she originally qualified and the commission expiration date.", "volatile": false }, { "id": "nt-082", "topic": "records", "q": "Which item is NOT required by Executive Law §137 beneath a notary's signature?", "options": [ "The commission expiration date", "The county where she qualified", "The notary's home address", "The words 'Notary Public State of New York'" ], "answer": 2, "explain": "The home address is not part of the statement of authority. Name, title, county and expiration date are.", "volatile": false }, { "id": "nt-083", "topic": "records", "q": "In what color ink must the §137 information be printed, typed or stamped?", "options": [ "Red", "Blue", "Black", "Any color" ], "answer": 2, "explain": "Executive Law §137 requires the statement of authority in black ink.", "volatile": false }, { "id": "nt-084", "topic": "records", "q": "Does New York law require a notary to use an embossing seal?", "options": [ "Only outside New York City", "No, a seal is not required", "Yes, on every act", "Only on affidavits" ], "answer": 1, "explain": "New York does not require a notary seal. If one is used, it should identify the notary and 'Notary Public for the State of New York'.", "volatile": false }, { "id": "nt-085", "topic": "records", "q": "A notary forgets to stamp her expiration date on an acknowledgment. What is the effect?", "options": [ "The act is void and must be redone", "The signer is fined $10", "The document cannot be recorded anywhere in New York State until fixed", "The act stays valid, but a willful failure can lead to discipline" ], "answer": 3, "explain": "Executive Law §137 says missing information does not invalidate the act, but willful failure to comply is misconduct.", "volatile": false }, { "id": "nt-086", "topic": "records", "q": "Under 19 NYCRR §182.3, what must a notary include with her signature, regardless of the county where she qualified?", "options": [ "Her date of birth", "Her bar number", "Her official number", "Her county clerk receipt" ], "answer": 2, "explain": "The rules require the notary's official number on any instrument, regardless of the county in which she qualified.", "volatile": false }, { "id": "nt-087", "topic": "records", "q": "An attorney who is a notary signs a certificate. What may he use instead of 'Notary Public'?", "options": [ "'Legal Notary'", "'Attorney and Counselor at Law'", "'Officer of the Court, State of New York'", "'Esquire, Licensed Agent'" ], "answer": 1, "explain": "Executive Law §137 lets an attorney admitted in New York substitute 'Attorney and Counselor at Law' for 'Notary Public'.", "volatile": false }, { "id": "nt-088", "topic": "records", "q": "Under which name must a notary sign her notarial acts?", "options": [ "The name in which she was appointed", "The name of her employer", "Any name she uses socially or at work", "Her initials only" ], "answer": 0, "explain": "A notary signs only under the name used in her appointment.", "volatile": false }, { "id": "nt-089", "topic": "records", "q": "What does 'venue' mean on a notarial certificate?", "options": [ "The county clerk's office where the deed will later be filed", "The place where the notarial act takes place", "The place where the signer lives", "The court that will hear the case" ], "answer": 1, "explain": "Venue is the geographic location of the act, written as 'State of New York, County of ___'.", "volatile": false }, { "id": "nt-090", "topic": "records", "q": "For how many years must a notary keep the records of her notarial acts?", "options": [ "At least 1 year", "At least 4 years", "Until the commission ends", "At least 10 years" ], "answer": 3, "explain": "19 NYCRR §182.9 requires records to be kept for at least ten years and produced to the Secretary of State on request.", "volatile": true }, { "id": "nt-091", "topic": "records", "q": "Which item is NOT among the record details required by 19 NYCRR §182.9?", "options": [ "The signer's Social Security number", "The type of identification used", "The date and approximate time of the act", "The type of notarial act" ], "answer": 0, "explain": "Records include the date, approximate time and type of act, names and addresses, the number and type of services, the identity credential and how identity was verified.", "volatile": false }, { "id": "nt-092", "topic": "records", "q": "When must a notary make the record of a notarial act?", "options": [ "At the end of each month", "At the time of the act", "Only when asked by a court", "Within 90 days" ], "answer": 1, "explain": "The record must be made contemporaneously with the notarial act (19 NYCRR §182.9).", "volatile": false }, { "id": "nt-093", "topic": "records", "q": "Who may require a notary to produce her records of notarial acts?", "options": [ "The notary's employer only", "The signer's neighbours", "Any member of the public", "The Secretary of State" ], "answer": 3, "explain": "Records must be made available to the Secretary of State on request.", "volatile": false }, { "id": "nt-094", "topic": "records", "q": "What does the Secretary of State charge for a certificate of official character of a notary?", "options": [ "$1", "$3", "$25", "$10" ], "answer": 0, "explain": "Executive Law §132 sets the Secretary of State's fee at $1 per certificate of official character.", "volatile": true }, { "id": "nt-095", "topic": "records", "q": "What does a county clerk charge to certify a notary's signature under Executive Law §133?", "options": [ "$3", "$1", "$10", "$20" ], "answer": 0, "explain": "Under §133 the county clerk charges $3 to certify the notary's signature and authority on a proof, acknowledgment or oath.", "volatile": true }, { "id": "nt-096", "topic": "records", "q": "A notarized document will be used in another country that accepts apostilles. What is an apostille?", "options": [ "A Department of State authentication for international use", "A second notary's countersignature", "A translation by a sworn translator", "A visa stamp from the foreign country's embassy in New York" ], "answer": 0, "explain": "An apostille is an authentication by the Department of State attached to a notarized, county-certified document for use abroad.", "volatile": false }, { "id": "nt-097", "topic": "records", "q": "What is a county clerk's authentication of a notary?", "options": [ "A refund of the notary's fee", "A certificate confirming the notary's authority to act", "A new commission that lets the notary act in another state", "Proof that the document is true" ], "answer": 1, "explain": "Authentication is a county clerk's certificate, attached to the notary's certificate, confirming the notary's authority.", "volatile": false }, { "id": "nt-098", "topic": "enotary", "q": "What must a notary do before performing any electronic notarial act?", "options": [ "Register as an electronic notary with the Secretary of State", "Buy a new embossing seal", "Pass a second written exam", "Get written approval from the county clerk in every county" ], "answer": 0, "explain": "Executive Law §135-c and 19 NYCRR §182.10 require registration of electronic capability before any electronic act.", "volatile": false }, { "id": "nt-099", "topic": "enotary", "q": "Where must the notary be physically located when performing an electronic notarial act?", "options": [ "In the signer's state", "Anywhere in the United States", "In the county clerk's office", "In New York State" ], "answer": 3, "explain": "The electronic notary must be physically present in New York State during the act.", "volatile": false }, { "id": "nt-100", "topic": "enotary", "q": "What technology does New York require for an electronic notarization?", "options": [ "Live, real-time audio and video together", "A text chat with a photo of the ID", "An audio-only phone call", "A recorded video sent by e-mail" ], "answer": 0, "explain": "§135-c and 19 NYCRR §182.8 require communication technology allowing real-time, simultaneous audio and video for the whole act.", "volatile": false }, { "id": "nt-101", "topic": "enotary", "q": "How long must an electronic notary keep the audio-video recording of each act?", "options": [ "At least 1 year", "At least 4 years", "Until the commission ends", "At least 10 years" ], "answer": 3, "explain": "The recording must be kept for at least ten years (§135-c; 19 NYCRR §182.8).", "volatile": true }, { "id": "nt-102", "topic": "enotary", "q": "For a remote signer not personally known to the notary, which identity checks are required?", "options": [ "Any one of the three", "Only a selfie with the ID", "All three: remote ID presentation, credential analysis and identity proofing", "Only a call to the signer's employer" ], "answer": 2, "explain": "19 NYCRR §182.5 requires remote presentation of the credential, credential analysis and identity proofing for remote principals not personally known.", "volatile": false }, { "id": "nt-103", "topic": "enotary", "q": "Who must perform the credential analysis for an electronic notarization?", "options": [ "The county clerk by phone", "A third-party provider using automated software", "The notary by eye alone", "The signer's own bank" ], "answer": 1, "explain": "19 NYCRR §182.6 requires a third-party provider using automated software that checks security features and signs of tampering.", "volatile": false }, { "id": "nt-104", "topic": "enotary", "q": "What standard must identity proofing for electronic notarization meet?", "options": [ "Any password-protected website", "The signer's social media profile", "A signed letter from the signer", "At least NIST Identity Assurance Level 2" ], "answer": 3, "explain": "19 NYCRR §182.7 requires identity proofing to at least NIST SP 800-63-3 Identity Assurance Level 2, or an equally secure standard.", "volatile": false }, { "id": "nt-105", "topic": "enotary", "q": "A title company tells customers they may only use electronic notarization. What does §135-c say?", "options": [ "No business may require only electronic notarization", "It is allowed for real estate only", "This is required since 2023", "It is allowed as long as the notary fee is waived for the customer" ], "answer": 0, "explain": "Executive Law §135-c(8) says no person or business may require that only electronic notarization be used.", "volatile": false }, { "id": "nt-106", "topic": "enotary", "q": "During a remote session, the notary doubts the signer is acting voluntarily. What may she do?", "options": [ "Ask the signer to switch off the camera", "Refuse the electronic notarial act", "Continue, since remote acts can't be refused", "Lower the fee and continue" ], "answer": 1, "explain": "§135-c(9) lets the notary refuse if she is not satisfied the principal is competent or signing knowingly and voluntarily.", "volatile": false }, { "id": "nt-107", "topic": "enotary", "q": "Which describes the electronic signature a New York electronic notary must use?", "options": [ "Typed in a plain e-mail", "Shared with her office staff", "A scan of her handwritten signature", "Unique to her and under her sole control" ], "answer": 3, "explain": "19 NYCRR §182.4 requires a signature that is unique, under the notary's sole control, linked to a digital certificate and tamper-evident.", "volatile": false }, { "id": "nt-108", "topic": "enotary", "q": "What must an electronic notarial certificate state about the principal?", "options": [ "That he appeared by means of communication technology", "That he was physically present in the notary's office during the act", "That he paid by credit card", "That he is a New York voter" ], "answer": 0, "explain": "The certificate must say that the person appeared remotely using communication technology.", "volatile": false }, { "id": "nt-109", "topic": "enotary", "q": "Under 19 NYCRR §182.11, what is the maximum fee for one electronic notarial act?", "options": [ "$60", "$25", "$2", "$10" ], "answer": 1, "explain": "The fee for an electronic notarial act is up to $25, which includes the notary's costs. Traditional acts stay at $2.", "volatile": true }, { "id": "nt-110", "topic": "enotary", "q": "A remote principal is located outside the United States. What must the electronic notary confirm?", "options": [ "That the signer holds a valid US driver's licence or a US passport", "Nothing: such signers are not allowed", "That the matter has a required connection to the United States", "That the foreign country approves" ], "answer": 2, "explain": "19 NYCRR §182.4 requires the notary to confirm the record's US nexus when the principal is located abroad.", "volatile": false }, { "id": "nt-111", "topic": "enotary", "q": "How may an electronic notary handle her own location during a remote act?", "options": [ "Not disguise it, and use a location-detecting network", "Act from any state", "Leave it out of the record", "Use a VPN to protect her privacy" ], "answer": 0, "explain": "19 NYCRR §182.4 requires a network that can detect location and forbids disguising the notary's location.", "volatile": false }, { "id": "nt-112", "topic": "enotary", "q": "What may an electronic notary certify about a paper printout of an electronic record?", "options": [ "That it has been recorded", "That the contents are true", "That it is an accurate copy, using the certificate of authenticity", "That the printout now replaces the original record for all purposes" ], "answer": 2, "explain": "Executive Law §135-c(6) provides a certificate of authenticity for a tangible copy of an electronic record.", "volatile": false }, { "id": "nt-113", "topic": "enotary", "q": "An electronic notary changes her e-mail address. Within how many days must she report it?", "options": [ "No report is needed", "10 days", "5 days", "30 days" ], "answer": 2, "explain": "§135-c(7) and 19 NYCRR §182.3 require a change of e-mail address to be reported within five days.", "volatile": true }, { "id": "nt-114", "topic": "misconduct", "q": "A person who was never appointed stamps documents as 'Notary Public'. What is this under Executive Law §135-a?", "options": [ "A traffic-type violation", "Allowed for unpaid acts", "A matter for small claims court only", "A misdemeanor" ], "answer": 3, "explain": "Holding oneself out as a notary without appointment is a misdemeanor (§135-a).", "volatile": false }, { "id": "nt-115", "topic": "misconduct", "q": "Who may suspend or remove a New York notary for misconduct?", "options": [ "The county sheriff", "The Secretary of State", "Any person who paid a fee", "The notary's employer" ], "answer": 1, "explain": "Under Executive Law §130, the Secretary of State may suspend or remove a notary for misconduct after charges and a chance to be heard.", "volatile": false }, { "id": "nt-116", "topic": "misconduct", "q": "What kind of crime is official misconduct under Penal Law §195.00?", "options": [ "A class E felony", "A class A misdemeanor", "A class D felony", "A violation, not a crime" ], "answer": 1, "explain": "Official misconduct by a public servant, including a notary, is a class A misdemeanor.", "volatile": false }, { "id": "nt-117", "topic": "misconduct", "q": "What is the maximum jail sentence for a class A misdemeanor in New York?", "options": [ "7 years", "90 days", "1 year", "4 years" ], "answer": 2, "explain": "Penal Law §70.15: a sentence for a class A misdemeanor may not exceed one year.", "volatile": false }, { "id": "nt-118", "topic": "misconduct", "q": "A notary falsely fills in a certificate to make it look as if someone signed. Forgery in the second degree is what class of crime?", "options": [ "Class A misdemeanor", "Violation", "Class E felony", "Class D felony" ], "answer": 3, "explain": "Penal Law §170.10 makes forgery in the second degree, which covers falsely making public records and certificates, a class D felony.", "volatile": false }, { "id": "nt-119", "topic": "misconduct", "q": "What is the maximum prison term for a class D felony under Penal Law §70.00?", "options": [ "1 year", "4 years", "7 years", "15 years" ], "answer": 2, "explain": "§70.00 caps the term for a class D felony at 7 years.", "volatile": false }, { "id": "nt-120", "topic": "misconduct", "q": "A notary issues a certificate she knows contains a false statement. Issuing a false certificate is what class of crime?", "options": [ "Class D felony", "Class A misdemeanor", "Class E felony", "Civil penalty only" ], "answer": 2, "explain": "Penal Law §175.40: issuing a false certificate is a class E felony.", "volatile": false }, { "id": "nt-121", "topic": "misconduct", "q": "What is the maximum prison term for a class E felony under Penal Law §70.00?", "options": [ "4 years", "7 years", "1 year", "10 years" ], "answer": 0, "explain": "§70.00 caps the term for a class E felony at 4 years.", "volatile": false }, { "id": "nt-122", "topic": "misconduct", "q": "A notary commits fraud in office and a person loses money. What can the injured person do?", "options": [ "Sue the notary for damages", "Only file a complaint with the bank", "Claim from a state fund only", "Nothing: notaries are immune" ], "answer": 0, "explain": "Executive Law §135 and Real Property Law §330 make a notary liable for damages caused by misconduct or fraud.", "volatile": false }, { "id": "nt-123", "topic": "misconduct", "q": "A notary takes an acknowledgment for a signer who is not there, on the word of the signer's son. How is this treated?", "options": [ "As fine if the son is an adult", "As fine for family documents", "As serious misconduct", "As fine with a phone call" ], "answer": 2, "explain": "Taking acknowledgments without the personal appearance of the signer is illegal and grounds for removal.", "volatile": false }, { "id": "nt-124", "topic": "misconduct", "q": "How may the Supreme Court punish a person who unlawfully practises law?", "options": [ "Only with a warning letter", "As criminal contempt", "Only with a $10 fine", "It has no power to punish" ], "answer": 1, "explain": "Judiciary Law §750 allows the Supreme Court to punish unlawful practice of law as criminal contempt.", "volatile": false }, { "id": "nt-125", "topic": "misconduct", "q": "What happens at reappointment to a notary who did not follow the rules of 19 NYCRR Part 182?", "options": [ "She pays a double fee", "She is reappointed after a written warning from the county clerk", "She is ineligible for reappointment", "Nothing changes" ], "answer": 2, "explain": "19 NYCRR §182.10 makes a notary who failed to comply with Part 182 ineligible for reappointment.", "volatile": false }, { "id": "nt-126", "topic": "misconduct", "q": "Under §135-b, what can happen to a notary after a third advertising violation?", "options": [ "A free retraining course", "Removal from office", "A written reminder", "A $10 fine only" ], "answer": 1, "explain": "A second violation can lead to suspension and a third to removal, after notice and a hearing.", "volatile": false }, { "id": "nt-127", "topic": "misconduct", "q": "A person removed as a New York City commissioner of deeds keeps signing as one. What is this?", "options": [ "A civil penalty only", "A misdemeanor", "A permitted act", "A class D felony" ], "answer": 1, "explain": "Executive Law §140 makes signing after removal, knowing of it, a misdemeanor.", "volatile": false }, { "id": "nt-128", "topic": "misconduct", "q": "Which act by a notary is fraud or deceit under Executive Law §135-a?", "options": [ "Dating a certificate earlier than the real signing date", "Asking for photo ID", "Charging $2 for an oath", "Refusing to notarize for a signer who is not physically present" ], "answer": 0, "explain": "Practising fraud or deceit in office is a misdemeanor. Back-dating a certificate misstates when the act happened.", "volatile": false }, { "id": "nt-129", "topic": "misconduct", "q": "Who is responsible for recovering civil penalties for notary advertising violations under §135-b?", "options": [ "The Attorney General", "The signer's lawyer", "The local district attorney's office", "The county clerk" ], "answer": 0, "explain": "Executive Law §135-b gives the Attorney General the power to recover the civil penalties.", "volatile": false }, { "id": "nt-130", "topic": "terms", "q": "What is an administrator of an estate?", "options": [ "A person appointed by a court for someone who died without a will", "A clerk who records deeds", "A person who signs an affidavit", "The person named in the will by the deceased to carry out all its terms" ], "answer": 0, "explain": "An administrator is appointed by a court to manage the estate of a person who died without a will. An executor is named in a will.", "volatile": false }, { "id": "nt-131", "topic": "terms", "q": "What is an executor?", "options": [ "A buyer under a mortgage", "A notary who takes a proof", "A court-appointed guardian of a child under the age of eighteen", "A person named in a will to carry out its terms" ], "answer": 3, "explain": "The executor is named by the person who made the will to carry out its provisions.", "volatile": false }, { "id": "nt-132", "topic": "terms", "q": "What is a codicil?", "options": [ "A later instrument that changes a will", "A copy certified by a clerk", "The first page of a deed", "A notice of a court hearing" ], "answer": 0, "explain": "A codicil adds to or modifies an existing will.", "volatile": false }, { "id": "nt-133", "topic": "terms", "q": "What is an attestation clause?", "options": [ "The legal description of land", "The closing page where the buyer, the seller and the lender each sign it", "The part where witnesses certify that the instrument was signed before them", "The notary's fee schedule" ], "answer": 2, "explain": "An attestation clause, such as at the end of a will, records that the witnesses saw it executed. A notary's acknowledgment of a will is not an attestation clause.", "volatile": false }, { "id": "nt-134", "topic": "terms", "q": "What does it mean to 'attest' a document?", "options": [ "To file it with the county", "To witness the signing and sign as a witness", "To translate it into English", "To pay the recording fee" ], "answer": 1, "explain": "To attest is to be present at the signing at the signer's request and sign the document as a witness.", "volatile": false }, { "id": "nt-135", "topic": "terms", "q": "What is chattel paper?", "options": [ "A court summons", "A deed to real estate", "A notary's bound record book listing every act performed during the term", "A writing showing a payment obligation and a security interest in goods" ], "answer": 3, "explain": "Chattel paper shows both a monetary obligation and a security interest in, or lease of, specific goods.", "volatile": false }, { "id": "nt-136", "topic": "terms", "q": "What is a contract?", "options": [ "A court order to pay a debt", "An agreement between competent parties, for consideration, to do or not do something", "A statement sworn before a notary", "A one-sided promise without any exchange" ], "answer": 1, "explain": "A contract is an agreement between competent parties, with legal consideration, to do or abstain from doing certain acts.", "volatile": false }, { "id": "nt-137", "topic": "terms", "q": "What does 'ex parte' mean?", "options": [ "A will without witnesses", "A copy made outside the state", "A hearing where both parties are present with their lawyers", "A hearing or examination involving only one side" ], "answer": 3, "explain": "Ex parte means by or for one party only, for example an application to the court by one side.", "volatile": false }, { "id": "nt-138", "topic": "terms", "q": "What is a judgment?", "options": [ "A court decree that one person owes another, fixing the amount", "A sworn statement of facts", "A notary's written opinion on whether a document is legally valid", "An agreement to rent property" ], "answer": 0, "explain": "A judgment is the court's decision declaring an amount one party owes another.", "volatile": false }, { "id": "nt-139", "topic": "terms", "q": "What is litigation?", "options": [ "The recording of a deed", "The signing of a contract", "The act of carrying on a lawsuit", "The opening of a safe deposit box" ], "answer": 2, "explain": "Litigation means carrying on a lawsuit in court.", "volatile": false }, { "id": "nt-140", "topic": "terms", "q": "What is a mortgage?", "options": [ "A lease of an apartment or a house for any term shorter than one year", "A sworn statement about a sale", "A transfer of goods by sale", "A written instrument creating a lien on real estate to secure a debt" ], "answer": 3, "explain": "A mortgage creates a lien on real property as security for the payment of a debt.", "volatile": false }, { "id": "nt-141", "topic": "terms", "q": "Who is the plaintiff?", "options": [ "The person being sued", "The judge who hears the case in court", "The notary taking a deposition", "The person who starts a lawsuit" ], "answer": 3, "explain": "The plaintiff brings the lawsuit. The defendant is the person sued.", "volatile": false }, { "id": "nt-142", "topic": "terms", "q": "What is a power of attorney?", "options": [ "A licence to practise law", "A written instrument authorizing another person to act for you", "A court order naming a guardian for a person who cannot act alone", "A notary's commission certificate" ], "answer": 1, "explain": "A power of attorney lets one person (the agent) act on behalf of another.", "volatile": false }, { "id": "nt-143", "topic": "terms", "q": "In notary law, what is a protest?", "options": [ "An objection made in court", "A notary's formal statement that a note or bill was presented and refused", "A signer's formal refusal to take an oath or affirmation before a notary", "A complaint against a notary" ], "answer": 1, "explain": "A protest is a formal written statement by a notary, under seal, that a bill of exchange or promissory note was presented for payment or acceptance and refused.", "volatile": false }, { "id": "nt-144", "topic": "terms", "q": "What is a statute?", "options": [ "A rule made by a judge for one case", "A notary's written opinion", "A law enacted by the Legislature", "A contract between two towns" ], "answer": 2, "explain": "A statute is a written law passed by the legislative branch.", "volatile": false }, { "id": "nt-145", "topic": "terms", "q": "What is a will?", "options": [ "A sworn statement for a court", "A contract to rent a home", "A disposition of property to take effect after death", "A transfer of land to a family member during the owner's lifetime" ], "answer": 2, "explain": "A will directs what happens to a person's property after death.", "volatile": false }, { "id": "nt-146", "topic": "terms", "q": "What is contempt of court?", "options": [ "Conduct that disrespects the court's authority or disobeys its orders", "An appeal to a higher court", "A request to delay a trial", "A lawsuit against a judge" ], "answer": 0, "explain": "Contempt of court is behaviour that defies the court's authority or obstructs its orders.", "volatile": false }, { "id": "nt-147", "topic": "terms", "q": "What is a lease?", "options": [ "A loan secured by a car or other personal property of the borrower", "A contract transferring the right to possess property for rent", "A will for real property", "A sale of land for a single price" ], "answer": 1, "explain": "A lease is a contract in which the person entitled to possession transfers that right to another in exchange for rent.", "volatile": false } ] }