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New York Notary Public — Free Practice Exam

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1 A New York safe deposit box was opened after proper notice because the lessee failed to pay rent. Two years have passed since the mailing of the notary's certificate, and the box contents include jewelry, private letters, military medals, and U.S. currency. Which item may the lessor sell at public auction if the lessee still does not pay the required charges after the sale notice is mailed? 2 A New York notary public is an employee of a corporation and is asked to notarize a document for another party within that corporation. Under §138, when is the notary disqualified from performing the notarization? 3 A deed conveying real property located in this state is acknowledged outside the United States by the dependent of an active-duty service member. The acknowledgment is taken before an officer in active service of the armed forces of the United States who is authorized to act as a notary in a component of the armed forces. Which additional statement is required in the certificate under § 300? 4 A commissioned New York notary who is not an attorney advertises notary services in Spanish on electronic flyers for profit. Which additional action is required under New York law to comply with the advertising rules? 5 A court rules that one clause within section 136 is unconstitutional. Under § 144, what is the effect of that ruling on the remaining provisions of sections 130, 131, 132, 133, 135, 136, 137, and 138, and on notaries public who were already appointed and still in office when the article became effective? 6 A county clerk in New York is asked whether a deed package may be accepted through an electronic recording system rather than only in paper form. Based on the source material, which statement is correct? 7 A newly appointed public officer needs to take an official oath. Under Public Officers Law §10, who may administer that oath? 8 A bank opens a safe deposit box under Banking Law §335 and finds securities inside. At the time of opening, some interest and dividends on those securities are already due, and additional amounts become due while the bank still possesses the contents. Under the statute, what may the bank do with those payments? 9 Each of the following is an element of a typical certificate of acknowledgment except: 10 To grant right of usage in real property to another for a term of years, life or at will is known as a ___________? 11 A New York bank terminates a lessee's safety deposit box lease for nonpayment and plans to open the box. Under Banking Law §335, which procedure is required? 12 A commissioned notary is asked to formally present a promissory note for payment and, if payment is refused, to complete the appropriate notarial act documenting that refusal. Under Executive Law §135, which action is the notary authorized to take? 13 A New York notary is asked to notarize a deed acknowledgment for a signer who is on a phone call and says he already signed the deed earlier. The notary personally knows the signer’s identity and is also named in the deed as a party with a financial interest. Which factor by itself makes taking the acknowledgment improper under the source material? 14 A notary public is asked to take the acknowledgment of a document that the notary is signing on behalf of a corporation as its authorized representative. Under Executive Law §138, what is the proper course of action? 15 A signer declines to take an oath for personal reasons but is willing to make a lawful affirmation instead. Which wording is the approved affirmation? 16 A signer mailed a deed to a notary and later called to confirm that the signature on the deed was theirs. Under the source material, what is required before the notary may properly take the acknowledgment? 17 A notary public has filed an autograph signature and certificate of official character in a county clerk’s office. A customer then asks that county clerk to authenticate the notary’s signature on an acknowledgment taken elsewhere in New York State. What must the county clerk do under NYS law when requested and the required fee is paid? 18 What did a County Clerk complete when issuing an Authentication Certificate and charging a $3 fee? 19 Who issues certificates involved in various Notary Public procedures? 20 The Certificate of Official Character is optional, but if filed by a notary will achieve with of the following? 21 A copy of public record signed and certified as a true copy by the public official having custody of the original is known as a(n): 22 A notary should never, under any circumstances, notarize: 23 What do Power of Attorney documents allow a person to do? 24 A recent law school graduate in New York has taken the bar exam but did not pass. Under the limited exception in Judiciary Law §484, when may this graduate practice law? 25 A defendant is convicted of a violation under New York Penal Law §70.15. The offense is defined outside the Penal Law, and the law creating the offense expressly provides that the penalty consists solely of a fine. What sentence may the court impose? 26 A newly appointed New York notary public begins administering affidavits for customers before taking and duly filing the required oath of office. Under the source material, what is the legal consequence of performing those notarial functions at that time? 27 A person, intending to defraud another, falsely alters a written contract so that it appears to change the parties' legal obligations. Under Penal Law §170.10, what offense has the person most likely committed? 28 What can happen to a notary for committing an illegal act or malfeasance? 29 A notary public can delegate their official authorities and duties to: 30 A Notary convicted of a Class D felony could be fined and/or sentenced to a maximum prison term of up to: 31 A person convicted of forgery on a notarized document, may be found guilty of a: 32 A New York notary public, who is not an attorney, offers to draft a will for a client and gives the client advice about how to structure the estate plan. Under the source material, which statement best describes this conduct? 33 A signer objects to taking an oath because it refers to a higher power, but still needs to make a sworn written statement for court use. Which option correctly describes the alternative act and its legal effect? 34 A notary who acts before filing their oath of office is guilty of: 35 A New York electronic notary performs a remote online acknowledgment for a signer using communication technology. Which statement correctly describes both the notary’s electronic signature requirement and the required certificate content? 36 An affidavit differs from a deposition in that an affidavit is: 37 A New York notary public's current commission is nearing its end. Within what time period may the notary file a reappointment application? 38 A notary is asked to notarize a document for a principal who appears confused about the document and seems pressured by another person in the room. Under the rule on notarization requirements, what is the most appropriate action for the notary? 39 A remote notarization platform is evaluating whether its identity proofing process satisfies New York's minimum requirement under Title 19 NYCRR Part 182. Which standard must the process meet at a minimum? 40 A notary public using communication technology to perform an electronic notarization reviews a document on screen and then receives an electronically signed version for completion of the notarial act. What must the notary ensure before proceeding?

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