NYS Notary Practice Exam

1. A signer appears before a notary and states that the signature on a deed is genuine and that they signed it of their own free will. The signer did not sign the document in front of the notary and takes no oath. Which notarial act is this?

• A. A jurat
• B. An acknowledgment
• C. An affidavit certification
• D. An oath of office

2. A member of the public asks a notary, who is not an attorney, which type of deed they should use and whether the notary can draft it for them for a fee. What may the notary properly do?

• A. Advise which deed to use and draft it for the stated fee.
• B. Draft the deed but not advise on which type to use, since drafting alone is a ministerial task exempt from the unauthorized-practice bar.
• C. Decline, because a non-attorney notary may not give legal advice or prepare legal documents for others
• D. Advise on the deed type but not accept a fee for it

3. A client asks a notary to notarize an affidavit that the client will use as sworn testimony. Which requirement is unique to this act and NOT required for an acknowledgment?

• A. The notary must positively identify the signer.
• B. The signer must sign in the notary's presence and take an oath or affirmation that the statements are true
• C. The notary must record the act in a journal
• D. The notary must apply an official seal, the feature that actually distinguishes a jurat from an acknowledgment.

4. A notary is asked to notarize a contract in which the notary is named as a party who will receive a payment under the agreement. What is the correct course of action?

• A. Notarize it, since the notary knows the transaction well.
• B. Notarize it only if the other party also signs, since a notary's own financial interest is cured once every signer to the instrument has also signed.
• C. Decline, because the notary has a direct financial or beneficial interest in the transaction
• D. Notarize it after disclosing the interest in the journal

5. A signer appears visibly distressed and, when questioned, cannot explain what the document does or why they are signing it; a companion is pressuring them to sign. What does the notary's duty require?

• A. Notarize, since the signer is physically present
• B. Refuse, because the signer appears coerced and does not understand the transaction
• C. Notarize only if the companion also provides ID
• D. Notarize after having the signer initial each page, since initials on every page are sufficient proof of voluntary understanding even where coercion is apparent.

6. Which acts is a New York notary authorized to perform?

• A. Provide legal advice about document content
• B. Certify copies of any document presented
• C. Solemnize marriages and issue marriage licenses, the same officiant authority New York gives to town and village justices and to city mayors.
• D. Administer oaths and affirmations, take affidavits and depositions, take acknowledgments and proofs of execution, and protest negotiable instruments

7. What is a proof of execution by a subscribing witness, as recognized in New York?

• A. The principal appears and acknowledges the signature
• B. The notary compares the signature to a known specimen.
• C. Two notaries jointly certify the signature, the exclusive substitute for a subscribing witness whenever the original signer cannot appear in the county where the deed will be recorded.
• D. A witness who saw the principal sign appears before the notary and swears to that fact, allowing the document to be authenticated without the principal appearing

8. What distinguishes an oath from an affirmation?

• A. An oath is written and an affirmation is spoken
• B. An affirmation carries no legal consequence for falsehood, since perjury exposure is reserved for sworn oaths alone and never for a secular pledge.
• C. An oath invokes a supreme being while an affirmation is a solemn secular pledge, and both carry the same legal effect including perjury exposure
• D. Only an oath may be administered by a notary

9. In a remote online notarization, how is the personal appearance requirement satisfied?

• A. Through real-time audio-visual communication meeting statutory standards, which the law treats as appearance
• B. By the signer mailing identification to the notary, which counts as appearance once the notary confirms receipt by phone.
• C. By a telephone call without video
• D. Personal appearance is waived entirely

10. Does New York require a notary public to use an embossed or rubber-stamp seal?

• A. No identifying information is needed if the notary signs, since a handwritten signature alone satisfies every stamp requirement.
• B. Yes, every act needs both forms of seal.
• C. Yes, every act needs an embossed seal.
• D. No. Required identifying information is separate from the optional seal.

11. A signer cannot attend in person and asks the notary to notarize a document that the signer has already signed and mailed in, promising to appear later by phone. May the notary proceed?

• A. Yes, if the signer confirms by phone
• B. Yes, if the mailed signature matches the ID on file, which counts as the equivalent of appearing before the notary in person for an ordinary acknowledgment.
• C. No. Signing at home and mailing the document in does not satisfy the personal-appearance requirement, whatever the signer later confirms by phone.
• D. Yes, provided the document is not an affidavit

12. When completing a journal entry for a notarial act, which set of details should the notary record?

• A. Only the signer's name and the date
• B. The document's full text and the notary's fee schedule, the journal's primary required field ahead of the signer's own name and address, recorded in full for every entry regardless of the type of act.
• C. Date, approximate time and act type; persons’ names and addresses; service count/type; credential and applicable witness details; and appearance-verification procedures.
• D. The signer's Social Security number and employer

13. A co-worker asks to borrow a notary's seal and journal to complete a few notarizations while the notary is away. What is the proper response, and why?

• A. Lend them, provided the co-worker is also a commissioned notary, since one notary's seal is freely transferable to any other currently commissioned notary for temporary use.
• B. Lend only the journal, since the seal is more sensitive
• C. Refuse. Lending the seal and journal would let a colleague perform notarial acts under this notary's own commission, which the law does not allow.
• D. Lend them for a single day only

14. A signer presents an identification document that expired three years ago. How should a New York notary treat it?

• A. Accept it, since the photograph still matches
• B. Accept it if the signer explains why it expired
• C. Accept any government-issued document regardless of date, since it becomes permanently current once it has been shown to a notary a single time.
• D. Do not use it as a valid-current government card; establish identity through another permitted method.

15. A client asks a New York notary to certify an ordinary photocopy of a paper transcript. Which act is within the notary’s ordinary authority, if all required conditions are met?

• A. The client may swear to a statement about the copy; the notary may administer the oath without independently certifying the ordinary photocopy.
• B. The notary compares the copy to the original and issues a copy certification.
• C. The notary stamps the photocopy directly, the same authority that lets a notary certify a tangible copy of an electronic record, regardless of whether the client ever swears to any statement about it.
• D. The notary issues a certificate of official character covering the copy

16. A notary completes an acknowledgment but the venue line naming the state and county is left blank. What is the consequence?

• A. The venue is incomplete; it should identify where the notarial act occurred.
• B. No consequence, since venue is decorative
• C. The recorder will supply the venue, since county clerks are responsible for filling in any venue a notary leaves blank before recording.
• D. Venue is required only for documents used out of state.

17. A New York notary is asked to notarize a document for a signer who does not speak English, using the signer's friend as interpreter. What is the concern?

• A. There is no concern, since interpreters are always acceptable
• B. The interpreter must simply sign the journal, which by itself establishes the signer's identity, capacity and voluntary execution, even when the interpreter has never met the signer before that day.
• C. The document must be translated by a court-certified translator.
• D. The notary must establish the signer’s identity, capacity and voluntary execution; a friend’s assurances alone do not establish those conditions.

18. A paralegal is preparing two documents for the same client: a deed to be recorded transferring real property, and a sworn statement of facts for use in litigation. Which notarial act belongs with each document?

• A. The deed requires a jurat because it transfers property, and the sworn statement requires only an acknowledgment because it is not a conveyance.
• B. The deed needs an acknowledgment confirming the signature was made voluntarily; the sworn statement needs a jurat, since its value depends on an oath that the facts are true.
• C. Both documents require only an acknowledgment, since an oath is reserved exclusively for testimony given live in a courtroom.
• D. Both documents require a jurat, since any document intended for eventual court use or public recording must be sworn to under oath, a blanket rule applied to every recordable instrument regardless of its underlying purpose.

19. A New York notary does not personally know the signer. The signer has no qualifying documents, and no qualifying identity witnesses are available. What should the notary do?

• A. Proceed if the signer verbally states their name.
• B. Do not proceed until identity is established through a method permitted by New York rules.
• C. Notarize but note the lack of ID in the journal
• D. Accept a second person's vouching without any ID, since a single unsupported vouching statement is treated the same as the two-sworn-witness method.

20. New York's short statutory form of acknowledgment under Real Property Law Section 309-a requires the officer to state that the signer was identified in one of two ways. What are they?

• A. Personally known to the officer only; satisfactory evidence is never an acceptable substitute under the Section 309-a short form, a limit not carried over from the county's own long-form acknowledgment.
• B. Identified solely by a credible witness, since the short form does not permit personal knowledge as a basis for acknowledgment.
• C. Verified by comparing the signature on the instrument to a specimen signature filed with the county clerk.
• D. Personally known to the officer, or proved to the officer on the basis of satisfactory evidence, to be the individual who signed the instrument.

21. A signer's usual notary is unavailable, so a friend who holds a commission as a New York commissioner of deeds offers to take the acknowledgment on a deed instead. Is that acceptable under Real Property Law Section 298?

• A. No, a commissioner of deeds may act only outside New York State, never on a deed executed within it.
• B. No, only a notary public may take an acknowledgment or proof on a deed anywhere in New York State.
• C. Yes, but only if the commissioner of deeds is also a licensed attorney admitted to practice in New York, the same bar-admission condition imposed on notary applicants residing in an adjoining state.
• D. Yes. Section 298 lists commissioners of deeds among the officers, alongside notaries public and certain judges, authorized to take acknowledgments and proofs within New York.

22. A business holds a promissory note that the maker has dishonored by refusing payment when it fell due. The business asks a notary to protest the note. What does that notarial act actually involve?

• A. The notary administers an oath to the maker compelling immediate payment under penalty of perjury.
• B. The notary formally demands payment and, on refusal, certifies the dishonor in a written protest, an act Executive Law Section 135 authorizes on negotiable instruments.
• C. The notary simply notarizes the maker's signature on the original note a second time to reflect the missed payment.
• D. The notary files a civil lawsuit on the holder's behalf to collect the unpaid amount directly from the maker, a collection role New York assigns to the county clerk's small-claims part rather than to the protesting notary.

23. An attorney asks a notary to take a deposition from a witness for use in a pending civil case. What does the notary's role in a deposition actually consist of?

• A. Deciding which questions the attorneys may ask the witness during the sworn testimony.
• B. Administering the oath to the witness and certifying the witness's sworn testimony as it is taken down, one of the acts Executive Law Section 135 lists among a notary's powers.
• C. Ruling on objections raised by opposing counsel during the sworn testimony.
• D. Drafting the written questions the attorney will use to examine the witness under oath, a script-writing duty assigned jointly to the notary and the court reporter before any deposition may proceed.

24. A signer executes an affidavit through a registered electronic notarial act using approved audio-video technology. What must the resulting jurat include that a purely in-person jurat would not?

• A. Nothing different; an electronic jurat is worded identically to an in-person jurat with no additional statement.
• B. The witness's typed initials in place of the notary's own signature, since the act was performed remotely.
• C. An obvious statement that the remote notarial act involved the use of communication technology, on top of the ordinary jurat elements.
• D. A second, independent jurat completed later in person once the signer can appear physically before the notary, required whenever the electronic platform's connection drops below high-definition quality.

25. A notary completes an acknowledgment certificate, but the printed venue reads 'County of Kings' when the signing actually took place in Nassau County. What is the effect of this error?

• A. The venue is inaccurate and should reflect where the notarial act actually occurred; it is a defect to be corrected, not a detail that can simply be ignored.
• B. No effect at all, because the venue line is purely decorative and carries no legal significance whatsoever, and the recording county clerk may freely correct it without the notary's involvement.
• C. The error automatically converts the acknowledgment into a jurat, since venue mistakes change the type of notarial act performed.
• D. The certificate becomes valid in whichever county is printed on it, regardless of where the signing actually took place.

26. A husband and wife appear together to acknowledge signatures on a joint deed. The notary personally knows the husband well but has never met the wife. What must the notary do regarding the wife's identity?

• A. Notarize the wife's signature only if the husband signs first and confirms her signature afterward, a spousal-confirmation shortcut some county clerks once accepted before it was discontinued statewide.
• B. Skip identification for the wife entirely, since a married couple appearing together are treated as a single signer.
• C. Independently establish the wife's identity through personal knowledge or satisfactory evidence of her own, since the husband's familiarity to the notary does not extend to her.
• D. Rely on the husband's assurance that the wife is who she says she is, since one spouse may vouch for the other.

27. A corporation's vice president signs a mortgage on the corporation's behalf and appears before a notary to acknowledge it. How does the certificate need to describe the vice president's act, compared to an ordinary individual acknowledgment?

• A. It requires two separate notaries, one for the individual and one for the corporate capacity, each signing a separate certificate.
• B. It must recite that the officer executed the instrument in that representative capacity on behalf of the corporation, not merely that the individual signed for themselves.
• C. It is worded identically to an individual acknowledgment, since a corporate officer's signature is legally treated exactly like a personal signature.
• D. It must be signed by the corporation's registered agent as well as the notary before it has any legal effect, a co-signature some counties require for foreign corporations but not for domestic New York corporations executing a mortgage.

28. While a signer is midway through signing a multi-page affidavit in front of a notary, the signer steps into another room to take a phone call and finishes signing the remaining pages there, out of the notary's sight. May the notary still complete the jurat as if the entire signing had been witnessed?

• A. Yes, as long as the signer states afterward, without further formality, that the missing pages were signed accurately.
• B. No. The notary can only certify what was actually observed, so the notary must have the signer re-sign or re-acknowledge the pages executed outside the notary's presence.
• C. No, but only if more than one page was affected; a single page signed out of view has no effect on the certificate so long as the notary initials the margin afterward to note the gap.
• D. Yes, because once a signer begins signing in the notary's presence, every subsequent page is automatically covered by the same jurat.

29. After a notary completes a jurat on a signed affidavit, the client asks the notary to cross out one sentence and initial the change without redoing the notarization. Is this acceptable?

• A. No, but only because crossing out text is prohibited outright; retyping the sentence and initialing that would be acceptable instead.
• B. No. Altering the document after the jurat is completed defeats the certification that the signer swore to those exact contents, so it must be re-signed and re-notarized.
• C. Yes, provided the notary alone initials the change, since the notary's own initials carry independent legal authority.
• D. Yes, initialing a small handwritten change after notarization is a routine correction that never requires a new notarial act, provided the change is made before the ink on the original signature has dried.

30. A notary has known a longtime neighbor personally for over a decade and is confident of the neighbor's identity without seeing any identification. May the notary rely on personal knowledge alone to notarize the neighbor's signature?

• A. Yes. Personal knowledge of the signer is itself a recognized, independent basis for establishing identity, without needing a government-issued ID as a backup.
• B. No, personal knowledge is never sufficient on its own; every notarization also requires the signer to present a current government photo ID, the same rule that applies even to a signer the notary has known for decades.
• C. Yes, but only if the notary also has the neighbor sign a written statement confirming the notary's personal knowledge is accurate.
• D. No, personal knowledge may substitute for identification only when the signer is a family member of the notary, not a neighbor.

31. A subscribing witness appears before a notary to prove the execution of a deed because the original signer cannot appear. The witness has no government-issued photo ID but is personally known to the notary from years of prior dealings. May the notary proceed with the proof of execution?

• A. Yes. The notary must be satisfied of the witness's identity, and personal knowledge of the witness satisfies that requirement just as it would for a signer.
• B. No, proof of execution is unavailable whenever the original signer is simply unavailable to appear in person.
• C. Yes, but only if the original signer later confirms in writing that the witness was truthful about having seen the signing.
• D. No, a subscribing witness must always present a government-issued photo ID; personal knowledge is not an acceptable substitute for a witness, the same rule that applies to a principal signer with no exception.

32. A signer appears before a notary and states that the signature already on the document is genuine and was made willingly. The signer does not sign again in front of the notary and takes no oath. Which notarial act is being performed?

• A. A jurat
• B. An acknowledgment
• C. A sworn affidavit
• D. An oath of office

33. During a notarization, the signer seems confused about the document and mentions that a relative pressured them into signing. What is the notary's obligation?

• A. Complete the act quickly to avoid embarrassing the signer
• B. Refuse to perform the notarization
• C. Proceed but note the concern in the journal
• D. Proceed only if the relative leaves the room

34. How long is a New York notary commission, and which office issues it?

• A. Ten years, issued by the Secretary of State's notary division
• B. Life tenure, subject to good behavior
• C. Four years, issued by the Department of State
• D. Two years, issued by the county clerk

35. A notary is asked to notarize a deed transferring property to the notary personally. What should the notary do?

• A. Proceed, because the notary can vouch for the transaction.
• B. Refuse, because the notary has a direct beneficial interest in the transaction
• C. Proceed, but only if a second witness is present
• D. Proceed after charging a higher fee, since an increased statutory fee disclosed in the journal offsets the notary's own beneficial interest in the deed.

36. A non-attorney notary is asked by a customer which type of deed the customer should use and to fill out the deed for them. What may the notary do?

• A. Advise on the deed type and prepare it for a small fee.
• B. Prepare the document but not charge for advice, since uncompensated deed preparation falls outside the unauthorized-practice bar regardless of the advice given.
• C. Neither give legal advice nor prepare the legal document for the customer
• D. Advise on the deed type only if it is a simple matter

37. What is the fundamental role of a notary public as a public officer?

• A. To provide legal advice on the documents being signed.
• B. To guarantee the accuracy of the document's contents
• C. To serve as an impartial witness to signings and to deter fraud
• D. To act as an advocate for the signer's interests, the same advocacy duty New York assigns to the signer's own attorney rather than the notary.

38. For which of the following is a jurat the appropriate notarial act?

• A. A signer confirming a signature made earlier was voluntary, with no oath, the exact format required whenever the underlying document is an affidavit.
• B. An affidavit in which the signer swears the statements are true and signs before the notary
• C. A document the notary has a financial interest in
• D. A signature made outside the notary's presence

39. A signer the notary has never met before wishes to be notarized. How may the notary satisfy the identification requirement?

• A. By accepting the signer's verbal statement of their name
• B. By relying on a friend's introduction alone, with no documents.
• C. Through personal knowledge or satisfactory evidence such as a current government-issued ID
• D. By comparing the signature to one on file, an independent, sufficient identification method separate from a government-issued ID.

40. A document notarized in New York must be used in a foreign country that is party to the Hague Convention. What authentication is required?

• A. A second notarization by a different notary
• B. Nothing beyond the original notarization
• C. Certification by the receiving country's consulate in all cases, the route required for every member country regardless of any apostille already issued.
• D. An apostille, obtained through the Department of State after county clerk authentication where required

41. What maximum fee may a New York notary charge for administering an oath or taking an acknowledgment?

• A. Any amount the parties agree upon
• B. A small statutory amount per act, set by law rather than negotiated
• C. A percentage of the transaction value.
• D. No fee may be charged outside of notarizations performed at a bank or title company.

42. A New York notary's official misconduct is established. What sanctions may follow?

• A. A private warning with no public consequence
• B. Only a monetary fine payable to the county clerk.
• C. Suspension limited to thirty days in every case, a cap that applies even where the underlying conduct was also criminal.
• D. Removal from office, and potential criminal liability for willful misconduct along with civil liability to injured parties

43. An attorney admitted to practice in New York applies for a notary commission. How does the application differ from a non-attorney applicant's?

• A. There is no difference; attorneys take the same examination and must also complete the same forty-hour education course non-attorney applicants complete.
• B. The attorney is exempt from the notary examination, though the application and fee requirements still apply
• C. The attorney receives a commission of unlimited duration
• D. The attorney may perform notarial acts outside New York

44. A New York notary performs an electronic notarization. What additional requirement generally applies?

• A. No additional requirement beyond the existing commission, since the four-year paper commission automatically authorizes electronic acts once the notary purchases compliant software.
• B. A separate commission from the county clerk
• C. Electronic notarization is prohibited in New York
• D. Registration with the Department of State to perform electronic notarial acts, using approved technology with identity proofing and credential analysis

45. Before issuing a first-time commission, what must the Secretary of State be satisfied of regarding the applicant, apart from the application and fee?

• A. That the applicant is of good moral character and has the equipment and qualifications, including adequate education, to properly discharge notarial duties.
• B. That the applicant holds a bachelor's degree, which Executive Law Section 130 sets as the minimum educational requirement.
• C. That the applicant has at least two years of prior clerical or paralegal experience in a law office, a threshold borrowed from the experience county clerks themselves must show before taking office.
• D. Only that the applicant has passed a background check; character and education are not part of the statutory standard.

46. A New York notary changes their name. What must be done before continuing to perform notarial acts under the new name?

• A. File the change with the Department of State and obtain the amended commission before signing under the new name
• B. Simply begin using the new name and note it in the journal
• C. Continue using the former name until the commission expires, with no filing.
• D. Notify only the notary's employer, which automatically satisfies the Department of State's own name-change filing requirement.

47. A friend asks a notary to notarize their signature and says they will drop the pre-signed document by the notary's office while running errands, without coming in. May the notary do this?

• A. Yes, if the friend's signature is already on the document.
• B. Yes, if the notary personally knows the friend, since personal acquaintance is a full substitute for the friend's own physical or remote appearance.
• C. No. Dropping off a pre-signed document while running errands does not satisfy the personal-appearance requirement, even between personal acquaintances.
• D. Yes, if the friend later confirms by phone

48. Which set of details should a notary record in the notary journal for each act?

• A. The full text of the document being notarized
• B. Only the signer's name and the date
• C. Date, approximate time and act type; persons’ names and addresses; service count/type; credential and applicable witness details; and appearance-verification procedures.
• D. The notary's commission number and the county clerk's name, which substitutes for the signer's own name and address whenever the act is performed inside a county clerk's building.

49. A notary whose four-year commission lapsed six weeks ago has not filed for reappointment, yet continues accepting notarization requests using the old stamp. What is the legal status of acts performed during those six weeks?

• A. They are improper acts performed without authority and expose the person to liability; a person may not act as notary after the commission lapses and before reappointment.
• B. They are valid so long as the stamp itself still shows a future-looking expiration date printed on its face.
• C. They are valid only if the person files for reappointment within ninety days after the six weeks have already passed.
• D. They remain fully valid because Executive Law Section 142-a protects any act performed within six months after a commission expires, provided the notary later files the reappointment paperwork before that window closes.

50. A notary is going on vacation and a coworker offers to handle notarizations using the notary's seal and journal while they are away. Is this permissible?

• A. Yes, as long as the coworker is also a notary.
• B. Yes, if the notary gives written permission, since a signed permission slip transfers commission authority to any coworker named in it.
• C. Refuse. A commission is personal, so a coworker cannot use the notary's seal and journal to perform acts while the notary is away.
• D. Yes, but only for acknowledgments, not jurats

51. A New York notary applicant must satisfy a residency or business connection requirement. What is it?

• A. Be a resident of New York State only, with no exception.
• B. Be a resident of any state, with no New York connection
• C. Be a United States citizen residing anywhere, with no New York residence or business connection required of any applicant.
• D. Be a New York resident or have an office or place of business in New York at appointment.

52. A New York notary's commission is about to expire while a document is pending. What is the effect of the expiration date on acts performed?

• A. Do not continue notarizing after expiration until properly reappointed.
• B. A thirty-day grace period permits continued acts
• C. Acts remain valid if the renewal application is pending
• D. The expiration date affects only the stamp, not the authority, which continues entirely independent of the commission's printed expiration date.

53. A notary public's four-year commission is granted by which state office, and what must an applicant show about their connection to New York before appointment?

• A. The Secretary of State delegates commissioning entirely to the applicant's employer, who certifies residency on the notary's behalf.
• B. The Department of State commissions the notary for a two-year term renewable only through the applicant's county board of elections.
• C. The Department of State commissions the notary for a four-year term, and the applicant must be a New York resident or maintain an office or place of business in the state at the time of appointment.
• D. The county clerk commissions the notary for a six-year term, and the applicant must be a United States citizen residing anywhere in the country, with the Department of State limited to mailing a courtesy certificate once the clerk's own decision is final.

54. An applicant for a first-time New York notary commission asks how much the Department of State charges to process the application. What is the correct answer?

• A. No fee at all, since the Department of State absorbs the cost of processing every notary application.
• B. A twenty-five-dollar fee for a first appointment and a higher seventy-five-dollar fee for every reappointment after that.
• C. A refundable one-hundred-dollar fee that is returned in full if the applicant is denied a commission.
• D. A non-refundable sixty-dollar fee, the same amount charged for a reappointment application.

55. A notary charges a customer eight dollars to take an acknowledgment on a single deed. Is this fee proper under New York law?

• A. Yes, because the two-dollar cap in Section 136 applies only to administering oaths, not to acknowledgments.
• B. Yes, because notaries may set their own reasonable fee as long as the customer agrees to it in advance, a negotiation right that only applies once the fee exceeds five dollars.
• C. No. Executive Law Section 136 caps the fee for taking and certifying an acknowledgment at two dollars per person, so eight dollars exceeds the statutory maximum.
• D. No, but only because eight dollars exceeds the five-dollar cap that applies specifically to real estate deeds.

56. A notary needs the Department of State to issue a certificate of official character, and needs the county clerk to file it and issue their own certificate under seal. What do these separate services cost?

• A. One dollar for the Secretary of State's certificate, plus ten dollars for the county clerk to file it and five dollars for the clerk's own certificate under seal.
• B. Fifty dollars total, covering both the state certificate and the county clerk's filing and certificate as one combined charge.
• C. Nothing for the state certificate, but a flat twenty-dollar fee for the county clerk to both file it and issue a certificate under seal.
• D. Ten dollars for the state certificate and one dollar each for the county clerk's filing and certificate under seal, payable in full before the county clerk will file the underlying instrument.

57. A title company needs the county clerk to authenticate a notary's certificate so the document can be read into evidence or recorded in another New York county. What does Section 133 charge for this service?

• A. Three dollars, but the authentication only covers instruments involving real property, not other documents.
• B. No fee, because county clerk authentication under Section 133 is a free public service.
• C. Three dollars, after which the authenticated instrument may be read in evidence or recorded in any county of the state.
• D. Fifteen dollars, and the authentication is valid only in the county where the clerk issues it.

58. A notary legally changes her surname after getting married and wants to update her Department of State record. What fee applies to this change?

• A. None. The Department of State waives the ten-dollar change fee when the change results from a change in marital status.
• B. A reduced five-dollar fee applies to marriage-related name changes, half the standard rate.
• C. A twenty-dollar fee applies because a name change requires a completely new application, not a simple update.
• D. The full ten-dollar change fee applies regardless of the reason for the name change.

59. A registered electronic notary wants to know the most they may charge for performing a single electronic notarial act. What is the limit?

• A. Fifty dollars per act, twice the ceiling that applies to traditional paper notarizations.
• B. Up to twenty-five dollars per electronic notarial act, a higher ceiling than the fee for a traditional paper act.
• C. Whatever the notary and signer privately negotiate, since no fee ceiling applies to electronic acts.
• D. The same two-dollar cap that applies to a traditional acknowledgment, since electronic acts are billed identically.

60. A signer who completed an electronic notarization now needs a paper printout of the notarized electronic document for a recording office that will not accept electronic filings. What does New York call and charge for producing that printout?

• A. This is called papering out, and the Department of State's guidance caps the fee for it at two dollars.
• B. This is called re-execution, and it requires the signer to appear before the notary again and sign a fresh document.
• C. This is called papering out, but it is capped at twenty-five dollars because it involves the electronic record.
• D. This service has no name or fee cap and is billed at the notary's discretion like any other paper copy.

61. An applicant for a notary commission was convicted of a felony fifteen years ago and has since received a certificate of relief from disabilities. Must the Secretary of State automatically deny the application?

• A. No. Executive Law Section 130 requires consideration under Correction Law Article 23-A, where a certificate of relief from disabilities can support appointment despite the conviction.
• B. No, because a certificate of relief from disabilities automatically expunges the conviction from the record entirely.
• C. Yes, any felony conviction permanently disqualifies an applicant from ever becoming a notary, regardless of later relief, the same permanent bar applied to disbarred attorneys seeking any future public commission.
• D. Yes, unless fifty years have passed since the conviction, which is the waiting period the statute sets for felonies.

62. The Secretary of State receives a credible complaint that a notary has been forging signatures on affidavits. Before removing the notary from office, what must the Secretary do?

• A. Refer the matter directly to a criminal court, which alone has the power to remove a notary from office.
• B. Serve the notary with a copy of the charges and give the notary an opportunity to be heard before any removal takes effect.
• C. Remove the notary immediately by written notice, since no hearing is required once a credible complaint is received.
• D. Wait for the notary's four-year term to expire naturally rather than removing the notary before then.

63. A person who has never been commissioned prints business cards reading 'Notary Public' and uses the title to solicit customers. What is the legal consequence under New York law?

• A. No consequence, because using the title 'Notary Public' is not restricted to commissioned notaries.
• B. A civil fine only, capped at one thousand dollars, with no possibility of a criminal charge.
• C. A misdemeanor under Executive Law Section 135-a, which punishes holding oneself out as a notary public without being properly appointed.
• D. A felony under Executive Law Section 135-a on a first offense, escalating from a misdemeanor only after a second offense, and requiring restitution to every customer served during the unauthorized period.

64. A non-attorney notary repeatedly advertises in Spanish without the required notice explaining she is not an attorney. What escalating consequences can follow repeated violations of Executive Law Section 135-b?

• A. A civil penalty of up to one thousand dollars per violation, with suspension possible after a second violation and removal possible after a third.
• B. Immediate criminal prosecution for a felony on the very first violation, with no civil-penalty option available.
• C. A flat five-hundred-dollar fine for every violation, with no additional consequence no matter how many times it recurs.
• D. Loss of the notary commission automatically on the first violation, with the civil penalty reserved for a repeat offense, the same automatic-removal standard New York applies when a notary accepts a commission while living outside an adjoining state.

65. An attorney admitted to practice in New York lives in New Jersey and wants a New York notary commission. Does the ordinary residency-or-business requirement bar this attorney?

• A. Yes, the residency-or-business requirement applies to attorneys exactly as it applies to every other applicant.
• B. Yes, unless the attorney maintains a law office physically inside New York City specifically.
• C. No, because attorneys are exempt from every qualification in Article 6-A, including the exam and the residency rule.
• D. No. Executive Law Section 130 lets an attorney admitted in New York serve as a notary even while residing in an adjoining state.

66. A notary who is a non-resident maintains an office in New York and accepts the commission. What legal consequence follows from accepting a commission while residing outside the state?

• A. No special consequence attaches; a non-resident's commission works exactly like a resident's in every respect.
• B. The non-resident must additionally register a local agent for service of process, separate from the Secretary of State, filed annually with the county clerk in the notary's county of business.
• C. The commission is automatically void because non-residents may never accept a New York notary commission.
• D. The non-resident notary is deemed to have appointed the Secretary of State as agent for service of process arising from official acts.

67. A busy county clerk's office wants to use a stamped or printed facsimile of the clerk's signature and seal on notarial certificates of official character rather than a handwritten signature each time. Is this permitted?

• A. No, the county clerk must personally hand-sign and hand-seal every certificate of official character without exception.
• B. Yes. Executive Law Section 134 allows the county clerk's signature and seal on these certificates to be a facsimile, printed, stamped, photographed, or engraved.
• C. No, a facsimile is allowed only for the certificate of authentication, never for the certificate of official character.
• D. Yes, but only if the Secretary of State pre-approves the exact facsimile design in writing each year and the design is re-recorded with the county clerk within thirty days of that approval.

68. A notary who has never registered to perform electronic notarial acts and only notarizes documents in person believes journal record-keeping is only for electronic notaries. Is this belief correct?

• A. No. Since January 25, 2023, every notary, including one who performs only traditional in-person acts, must keep a journal recording each notarial act performed.
• B. Yes, the journal requirement in New York applies exclusively to notaries registered to perform electronic notarial acts.
• C. No, but the requirement only began applying to traditional notaries in 2026, three years after the electronic notary rule.
• D. Yes, though a traditional notary may satisfy the requirement informally, without recording any specific information, so long as whatever log exists is kept for the four years matching the commission term.

69. A notary recalls a program called Remote Ink Notarization and wants to use it for a document today. What is the status of that program in New York?

• A. It ended in 2023, but only for real estate documents; Remote Ink Notarization remains available for every other document type.
• B. It never existed in New York; only California and a handful of other states ever authorized Remote Ink Notarization.
• C. It is still available today as an alternative to electronic notarization for notaries who prefer not to register with the Department of State, since the enabling executive order was never formally rescinded.
• D. It ended; Remote Ink Notarization was not available after January 31, 2023, and was replaced by registered electronic notarization beginning February 1, 2023.

70. A signature on an old deed shows the notary's certificate had a minor clerical misnomer in the notary's name. Nobody involved knew of the defect, and it was not apparent on the face of the certificate. Fourteen months after the act, someone challenges the deed's validity on that basis alone. What result does Executive Law Section 142-a produce?

• A. The deed is automatically void because any defect in the notary's name renders every certificate the notary signs invalid forever.
• B. The misnomer does not automatically invalidate the act, because more than six months have passed and neither party knew of or could see the defect at the time.
• C. The result would differ only if less than six months had passed, in which case the deed would always be automatically upheld.
• D. The deed's validity depends entirely on whether the county clerk's office also missed the same misnomer when recording it, a factor that weighs alongside the six-month window rather than being irrelevant to validity.

71. A non-attorney notary wants to advertise notarial services in Korean. What must the advertisement include under Executive Law Section 135-b?

• A. A certified translation of the entire advertisement filed in advance with the Department of State for approval.
• B. Nothing extra, as long as the notary does not use the words 'notario publico' anywhere in the advertisement.
• C. A notice stating the notary is not an attorney licensed to practice law and may not give legal advice about immigration or any other legal matter or accept fees for legal advice.
• D. A notice that the advertisement is written in a language other than English, without any statement about the notary's legal qualifications, mirroring the language notice every notary must post beside the signature on a paper certificate.

72. A notary is setting up a journal to log each notarial act. According to the required journal contents, which of the following must be recorded for every entry?

• A. The notary's own commission expiration date
• B. The name and address of each signer
• C. The signer's Social Security number
• D. The dollar value of the underlying transaction

73. A notary records a signing but leaves the 'type of act' field blank, noting only the date, time, signer's name and address, and identification method. Is the entry complete under the journal-content requirements?

• A. Yes, because the signer was identified and named
• B. Yes, because the date and time are present
• C. No, because the type of act is a required journal element
• D. No, because the seal impression is missing from the journal

74. A New York notary stores required records with a third-party service. What protection does 19 NYCRR 182.9 require?

• A. A password or another secure means of authentication or access.
• B. No access restrictions because records are public.
• C. Deleting the records at the end of each month.
• D. Giving every employee the notary’s electronic signing credentials.

75. New York requires a notary to maintain a record of notarial acts. What is the general retention expectation?

• A. At least ten years for the required records.
• B. Only electronic notarizations require a record
• C. Records may be discarded once the commission expires
• D. No record of any kind is required in New York

76. A New York notary chooses not to buy a seal. How can the identifying information required beside the signature be supplied?

• A. It may be omitted entirely.
• B. It must be embossed instead.
• C. It can be replaced by a printed business card bearing the notary's name.
• D. It may be printed or typed in black ink, or applied with a suitable stamp.

77. Which statement correctly separates a New York notary’s optional seal from the certificate requirements?

• A. An optional seal does not eliminate the identifying information required under Executive Law §137.
• B. A seal makes the commission expiration irrelevant.
• C. Only an embossed seal makes the act effective.
• D. The notary’s signature can be replaced by a seal alone, since an embossed seal impression is legally equivalent to a handwritten signature.

78. Where does New York Executive Law §137 require the commission expiration to be shown?

• A. Only on the signer’s identification card, whichever document the signer happens to present that day.
• B. Only in a compulsory embossed seal.
• C. Only in the notary’s private diary.
• D. In the identifying information beside the notary’s signature.

79. Which element is NOT required to appear in a notary journal entry?

• A. The type of act performed
• B. The method used to identify the signer.
• C. The notary's commission expiration date
• D. The type of document

80. When recording a notarial act in the journal, the notary must note not only that a signer was identified but also which specific detail about that identification?

• A. The method used to identify the signer
• B. The signer's employer, an identification detail required equally alongside the method actually used to verify identity.
• C. The issuing agency's phone number.
• D. The signer's date of birth

81. A colleague asks to borrow a notary's stamp for a few minutes to finish a stack of documents while the notary steps away. What does the rule on custody of the seal and journal require?

• A. The notary may lend the seal so long as the colleague is also a notary and each act performed with it is separately logged in a shared journal kept in the office safe.
• B. Refuse. Even a brief loan of the stamp would let someone else perform notarial acts in the notary's own name, which the commission does not permit.
• C. The notary may lend the seal if the colleague signs the journal
• D. The notary may lend the seal for acts performed in the same office

82. May a New York electronic notary freely share the password that controls the notary’s electronic signature with office colleagues?

• A. No. Signature security controls must remain under the notary’s sole control.
• B. Yes, whenever the notary is on vacation.
• C. Yes, if a colleague promises to use it carefully, an adequate secure-access control for shared electronic signature credentials.
• D. Yes, if both work for the same employer.

83. A New York notary's commission expired yesterday, and the notary has not completed reappointment. A neighbor asks for a notarization today using the expired commission information. What should the former notary do?

• A. Perform the act because the expiration was recent
• B. Perform the act only if no fee is charged
• C. Decline to act until properly reappointed
• D. Perform the act and backdate the certificate

84. During a real-estate closing, a notary is asked to notarize the deed of sale for a property the notary is personally purchasing. What should the notary do?

• A. Proceed, because the notary can attest to the signatures involved.
• B. Decline, because the notary has a direct financial or beneficial interest in the transaction.
• C. Proceed only if the other party also has a notary present, since a second, independent notary signing the same certificate cures the first notary's own interest.
• D. Decline only if the purchase price exceeds a set statutory limit.

85. A customer who is not an attorney asks a notary, who is also not an attorney, which type of deed to use to avoid probate and to draft it for them. What may the notary do?

• A. Draft the deed and charge a separate fee for the drafting.
• B. Advise on the best deed type but not draft it, since deed-type advice is permitted legal guidance so long as the notary is not separately compensated for drafting.
• C. Neither give legal advice about the deed nor prepare the document for the customer.
• D. Give legal advice for free, as long as no fee is charged.

86. A signer appears visibly frightened and repeatedly glances at a companion who answers questions on the signer's behalf, and the signer says they do not understand what they are signing. What is the notary's obligation?

• A. Proceed, because understanding the document is the signer's responsibility, not the notary's.
• B. Refuse to perform the notarization because the signer appears coerced and does not understand the transaction.
• C. Proceed only after the companion signs as a witness.
• D. Proceed if the signer can be positively identified, since positive identification alone cures any apparent coercion or lack of understanding the notary observes.

87. A notary stands to receive a commission if a loan closes and is asked to notarize the borrower's signature on that same loan's documents. Why is this notarization improper?

• A. Because the borrower is not physically present.
• B. Because loan documents always require an attorney notary.
• C. Because the notary has a direct financial or beneficial interest in the transaction.
• D. Because a jurat, not an acknowledgment, is required for loans, a form requirement that applies regardless of the notary's own stake in the closing.

88. Which of the following actions is permitted for a non-attorney notary?

• A. Preparing a will for a neighbor for no charge.
• B. Positively identifying a signer by a current government-issued ID before notarizing.
• C. Accepting a fee to explain the legal effect of a document, so long as the notary limits the discussion to five minutes or less.
• D. Advising a signer which contract clause best protects them.

89. A notary is named as the beneficiary in a document and is also asked to serve as the impartial witness notarizing its signing. Which best explains why the notary cannot do both?

• A. A notary can never witness more than one document per day.
• B. Serving as a beneficiary gives the notary a direct beneficial interest, which conflicts with acting as an impartial witness.
• C. The document would require a jurat instead of an acknowledgment.
• D. The notary lacks authority to identify the other signers, an authority limit tied to the same beneficiary-interest rule rather than to any separate identification power.

90. A New York notary is an officer of a corporation that is a party to a document. May the notary take an acknowledgment on it?

• A. Always, since a corporation is a separate legal person.
• B. Never, under any circumstance involving a corporation
• C. Only with the written consent of the other party, a signed waiver that cures any interest the notary-officer otherwise has, filed with the county clerk within ten days of the signing.
• D. Generally not where the notary has a financial interest or is a party, though being a mere shareholder or employee without a direct interest is treated differently

91. A New York notary notarizes a signature and later learns the signer used a false identity. What determines the notary's exposure?

• A. Nothing, since the notary is never liable for a signer's fraud.
• B. Whether the notary exercised reasonable care in establishing identity and followed required procedures
• C. Strict liability regardless of the procedures followed
• D. Whether the document was recorded, since a notary's liability for a signer's fraud turns exclusively on whether the county clerk later recorded the instrument.

92. A New York notary is asked to explain what a power of attorney will allow the agent to do. What is the appropriate response?

• A. Provide a general explanation, since powers of attorney are common documents.
• B. Advise the signer whether to sign, so long as the notary discloses in the journal that no fee was charged for the advice.
• C. Prepare an amendment limiting the agent's authority
• D. Decline to advise and refer the signer to an attorney, since explaining legal effect is the practice of law

93. A New York notary is offered a bonus by an employer for each notarization performed on the employer's loan documents, including some where the signer did not appear. What should the notary do?

• A. Refuse the arrangement entirely, since compensation cannot be tied to performing improper acts and the underlying conduct is unlawful
• B. Accept the bonus only for the properly performed notarizations and quietly complete the others.
• C. Accept, since the employer bears responsibility
• D. Accept if the volume of improper acts is small, since a handful of improperly performed notarizations each month carries no consequence for the notary.

94. A New York notary is presented with a document already bearing a notarial certificate completed by someone else, and asked only to add a stamp. What is the problem?

• A. The notary would be certifying an act they did not perform, which is a false certification
• B. No problem, since the certificate is already complete
• C. The problem is only that the stamp may not fit within the certificate's printed margin, a sizing issue unrelated to who actually performed the act.
• D. The notary may proceed after speaking with the other notary.

95. A member of the public asks a New York notary to notarize a signature on a will. What consideration arises?

• A. A notarization is what makes a will valid in New York
• B. The notary should supervise the witnesses to ensure proper execution, the same duty assigned to any attorney supervising the signing under Surrogate's Court practice for self-proved wills.
• C. The notary must refuse all documents relating to estates
• D. Will execution has specific statutory formalities and a notarization is generally not what makes a will valid, so the notary should not advise on execution and may decline

96. A notary is asked to backdate a notarial certificate by two days so a filing deadline appears to have been met. What is the correct response?

• A. Refuse absolutely, because backdating falsifies the record and can constitute a crime
• B. Comply if the delay was caused by circumstances outside the signer's control.
• C. Comply if the signer signs a statement accepting responsibility
• D. Comply if the discrepancy is only a few days, since a gap of three days or fewer is treated as a harmless clerical adjustment rather than a falsified record.

97. A New York notary is asked to serve as a witness to a document in addition to notarizing it. What is the concern?

• A. There is no concern, since both roles observe the same signing.
• B. The notary must always serve as a witness when asked, an obligation that arises any time a signer present for the signing makes that request.
• C. The concern applies only to real property documents
• D. Serving as both witness and notary on the same document can compromise the independence of the notarial act and is generally avoided

98. A registered New York electronic notary is physically in New York. A signer appears remotely through compliant technology and all identity, certificate and recording requirements are met. Is the signer’s different city alone a reason to refuse?

• A. No. Authorized electronic appearance can satisfy the appearance requirement.
• B. Yes, all New York acts require both people in one room.
• C. No, because identity checks never apply online.
• D. Yes, unless the signer mails an ink signature afterward within forty-eight hours to validate the electronic act.

99. A signer mails a pre-signed contract to a notary and asks the notary to complete the notarization by return mail. Which principle most directly prevents this?

• A. The notary must keep the seal under exclusive control, the actual barrier to a return-mail notarization rather than the appearance rule.
• B. A non-attorney notary may not prepare legal documents for others.
• C. The personal-appearance requirement is what prevents finishing the notarization by return mail after the signer has already signed and left.
• D. An acknowledgment requires the signer to take an oath.

100. A signer presents a promissory note with the interest rate and payment due date left blank, planning to fill them in after notarization. Should the notary proceed?

• A. Yes, filling in blanks after notarization is standard practice and has no effect on the validity of the notarial act.
• B. No, but only if the blanks are for financial figures; blanks in any other part of a document are always acceptable.
• C. Yes, as long as the signer promises verbally to fill in the blanks accurately and honestly, a promise treated as equivalent to a signed rider once a witness overhears it and signs the journal to confirm it.
• D. No. A notary should not notarize a document with material blanks that could be filled in later, since doing so would let the meaning of what was sworn to or acknowledged change after the fact.