Notary Practice Test 1

Notary Practice Test 1 1. Which of the following statements is not correct? A. The fee for a notary public commission is $60 B. The Secretary of State commissions notaries public C. The term of a notary public commission is 2 years D. Notary public examinations are scheduled throughout NYS The term of a notary public commission is 2 years Notaries public are commissioned in A. Their city of residence B. The city where they are employed C. Their county of residence D. Their town or village of residence Their county of residence 3. Which of the following statements is not correct? No person shall be appointed as a notary public who has been convicted of ______________. Any misdemeanor The county clerk and register of any county with whom a certificate of official character has been filed shall collect for the filingA. $2 B. $4 C. $5 D. $10 $10 A notary public who is removed from office and then executes any instrument as a notary public is guilty of a A. Violation B. Petty offense C. Misdemeanor D. Felony Misdemeanor Which of the following is not eligible for the office of notary public? A. Commissioner of elections B. Sheriff C. Member of the legislature D. Inspector of elections Sheriff Fee for an oath or affirmationA. $2 B. $4 C. $5 D. $10 $2 The signature and seal of a county clerk upon a certificate of official character of a notary public may be: 1. Facsimile 2. Printed 3. Stamped 4. Photographed or engraved thereon A. 1,2,3 are correct B. 2 and 3 are correct C. 1,2,3 and 4 are correct D. Only 3 is correct 1,2,3 and 4 are correct 9. Which of the following statements is not correct? A NYS notary public is: A. Authorized to administer oaths and affirmations B. Not authorized to administer an oath to himself C. Not authorized to administer oaths and affirmations D. Authorized to receive and certify acknowledgments Not authorized to administer oaths and affirmations A notary public who is an attorney at law admitted to practice in NYS may: 1. Administer an oath or affirmation to his client 2. take the affidavit or acknowledgment to his client A. 1 and 2 are not correct B. Only 1 is correct C. Only 2 is correct D. 1 and 2 are correct 1 and 2 are correct 1/5 A person who holds himself out to be a notary public but is not, or a notary public who commits fraud or deceit in the performance of his duties, is guilty ofA. A petty offense B. A misdemeanor C. A felony D. None of the above A misdemeanor The term "conveyance" includes written instruments by which any estate or interest in - property is created, transferred, mortgaged or assigned. 1.personal 2. real A. 1 is correct B. 2 is correct C. Neither 1 nor 2 is correct D. Both 1 and 2 are correct 2 is correct An office authorized to take the acknowledgment or proof of a conveyance who is guilty of fraudulent practice or malfeasance in the execution of any duty prescribed by law in relation to it isA. Guilty of a petty offense B. Liable for a statutory fine of $150.00 C. Liable in damages to the person injured D. None of the above Liable in damages to the person injured When the lessor (bank) of a safe deposit box opens the safe deposit box in front of a notary public (pursuant to Banking Law 335), the notary shall file with the lessor a certificate under seal which contains: 1. The date of the opening of the safe deposit box 2. The name of the lessee 3. a list (inventory) of the contents A. 1 only B. 1 and 2 only C. 1, 2 and 3 D. 3 only 1, 2 and 3 are correct The rule which authorizes a deposition to be taken before a notary public in a civil proceeding is found in: A. Criminal Procedure Law B. NYS Administrative Code C. Family Court Act D. Civil Practice Law and Rules Civil practice law and rules 16. Which of the following statements is correct? A. A notary public may in certain situations practice law B. A notary public may prepare a will C. A notary public shall not practice law D. None of the above A notary public shall not practice law A notary public subjects himself to the following for asking or receiving more than the statutory allowance for administering an oath in connection with an affidavit. 1. Criminal prosecution 2. Civil Lawsuit 3. removal from office A. 3 only B. 1 and 3 only C. 1,2 and 3 D. 2 only 1, 2 and 3 A sentence of imprisonment for a Class "A" misdemeanor is a definite sentence which shall not exceed A. 6 months B. 1 yr C. 3 yrs D. 7 yrs 1 year A person appointed by the court to manage the estate of a dead person who died w/o a will or who did not name such a person in 2/5 the will is A. An executor B. A plaintiff C. An administrator D. A deponent An administrator A person who signs his signature on an affidavit is calledA. The plaintiff B. The legatee C. The executor D. The affiant Affiant If a person declines to take an oath because of religious reasons, he may makeA. Codicil B. Affirmation C. Contract D. Lien Affirmation "Sworn to before me this - day of - , 2010" is referred to as: A. Lien B. Contract C. Jurat D. Codicil Jurat Something that has value and is given to induce someone to enter into a contract is called A. Real property B. Chattel C. Will D. Consideration Consideration A person who starts a civil lawsuit is called A. Antagonist B. Defendant C. Appellant D. Plaintiff Plaintiff The law which specifies the time during which a civil action or criminal prosecution must be started is calledA. The statute of frauds B. The law of venue C. The statute of limitations D. None of the above The statute of limitations The geographical place where an affidavit is taken by a notary or commissioner of deeds is called the A. Locale B. Town C. Venue D. Venison Venue The total commission fee for the appointment of a notary public isA. $20 B. $40 C. $60 D. None of the above $60 The fee for swearing in a witness is A. $.75 B. $2 C. $2.50 D. $4 $2 The county clerk fee for issuance of Certificate of Official Character is A. $2 B. $4 $5 3/5 C. $5 D. None of the above The fee for an authentication certificate isA. $2 B. $3 C. $4 D. $6 $3 A newly commissioned notary public has an office next to that of a law firm. The notary public may: A. Advertise that he gives legal advice B. Agree to divide the fees with the law firm C. Give legal advice D. None of the above None of the above The secretary of state is not authorized to issue a duplicate notary public I.D. card A. To replace a destroyed card B. To replace a damaged card C. To replace a lost card D. To be kept as a spare I.D. card To be kept as a spare I.D. card Not Correct: If a notary public is removed from officeA. He is thereafter not eligible to be appointed a notary public B. He is not authorized to administer oaths C. He is guilty of a felony if he continues to act as a notary public D. He cannot sign or execute any instrument as a notary public He is guilty of a felony if he continues to act as a notary public 34. Which of the following three defects would render an official certificate by a notary public invalid? 1. The term of the notary was expired at the time of issuing the notarial certificate.2. The name of the notary is misspelled on his identification card. 3. The notary failed to file his official oath. A. 1 B. 2 C. 3 D. None. These defects do not render the certificate invalid None. These Defects do not render the certificate invalid . A notary public who is guilty of malfeasance or fraudulent practice in the execution of a duty prescribed by law is: A. liable for a fine of $100 B. liable for a fine of $500 C. Liable for a fine of $1500 D. Liable in damages to the person injured Liable in damages to the person injured A law enacted by the New York State legislature is called: A. codicil B. seal C. attestation D. statute Statute 37. Which of the following two statements are correct? A notary public may: 1. solemnize a marriage 2. take the acknowledgment of parties and witnesses to a written contract of marriage A. Only 1 B. Only 2 C. Both 1 and 2 are correct D. None. Both 1 and 2 are incorrect None. Both 1 and 2 are incorrect 38. A notary public may: A. prepare a will or codicil B. prepare a deed or an assignment C. prepare a mortgage D. none of the above None of the above A notary is asked by a person to notarize an affidavit. Which of the following is correct? A. The notary can negotiate a fee B. Notary must charge a fee of $20 C. Notary may charge a fee of $10 D. None of the above None of the above 4/5 . If a party violates the provisions of Judiciary Law 67 (Fees of Public Officers) he is liable to the person aggrieved ________. A. for damages plus $300 B. for damages plus traveling expenses C. for treble damages D. None of ther above 5/5 For treble damages