NY Notary Practice Exam.
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1. 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
- B. Lend only the journal, since the seal is more sensitive
- C. Refuse, because the notary must keep the seal and journal under exclusive control and not let another person use them
- D. Lend them for a single day only
Show answer & explanation
Answer: C
The notary must keep the seal and journal under the notary's exclusive control and must not allow another person to use them. Lending either item to anyone, even another notary, violates that duty.2. Which element is NOT required to appear in a notary journal entry?
- A. The type of act performed
- B. The type of document
- C. The method used to identify the signer
- D. The notary's commission expiration date
Show answer & explanation
Answer: D
Required journal contents are the date and time of the act, the type of act, the type of document, the name and address of each signer, and the identification method used. The commission expiration date is an element of the official seal, not a listed journal entry, so it is the exception here.3. 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 date of birth
- C. The issuing agency's phone number
- D. The signer's employer
Show answer & explanation
Answer: A
The journal must capture the method used to identify the signer, alongside the date and time, the type of act, the type of document, and the signer's name and address. The signer's date of birth, an issuing agency phone number, and the signer's employer are not among the required contents.4. The requirement that a notary keep the seal and journal under exclusive control applies to which items?
- A. Only the seal
- B. Only the journal
- C. Both the seal and the journal
- D. Neither, once the commission is issued
Show answer & explanation
Answer: C
The exclusive-control duty covers both the seal and the journal; the notary must not allow another person to use either of them.5. Both the notary journal and the notary seal reference certain information, but the commission expiration date is specifically listed as a component of which item?
- A. The journal entry
- B. The official seal
- C. The signer's affidavit
- D. The identification document
Show answer & explanation
Answer: B
The commission expiration date is listed among the seal's typical contents—together with the notary's name, 'Notary Public,' and the commissioning state. It is not one of the required journal fields, which cover the act, document, signer, and identification method.6. 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
Show answer & explanation
Answer: C
A notary public is a public officer commissioned by the state to serve as an impartial witness to the signing of documents and to deter fraud. The role is neutral, which rules out advising or advocating for either party.7. 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
- C. No, unless the signer is physically present at the time of notarization
- D. Yes, if the friend later confirms by phone
Show answer & explanation
Answer: C
A notary may not notarize a signature unless the signer is physically present at the time of the notarization. Personal knowledge and a pre-signed document do not substitute for the presence requirement.8. Which set of details should a notary record in the notary journal for each act?
- A. Only the signer's name and the date
- B. The date and time, type of act, type of document, name and address of each signer, and the identification method used
- C. The full text of the document being notarized
- D. The notary's commission number and the county clerk's name
Show answer & explanation
Answer: B
A notary journal records the date and time of the act, the type of act, the type of document, the name and address of each signer, and the method used to identify the signer. The other options omit required fields or add items not called for.9. 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
Show answer & explanation
Answer: B
In an acknowledgment, the signer declares that the signature is genuine and made willingly, need not sign in the notary's presence, and takes no oath. That precisely matches these facts, distinguishing it from a jurat, which requires signing in the notary's presence plus an oath.10. 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
Show answer & explanation
Answer: B
An affidavit is notarized with a jurat, which requires the signer to sign in the notary's presence and swear or affirm that the statements are true. In an acknowledgment, by contrast, the signer takes no oath and need not sign in the notary's presence.11. A signer whom the notary has never met before presents no documentation and the notary has no personal knowledge of the signer's identity. Under standard notarial duties, what must the notary do?
- A. Proceed if the signer verbally states their name
- B. Refuse to perform the notarization because the signer cannot be properly identified
- C. Notarize but note the lack of ID in the journal
- D. Accept a second person's vouching without any ID
Show answer & explanation
Answer: B
The notary must positively identify the signer through personal knowledge or satisfactory evidence such as a current government-issued ID. A notary must refuse when the signer cannot be properly identified, so proceeding here would violate that duty.12. 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
- 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
Show answer & explanation
Answer: C
A notary must not notarize a document to which the notary is a party or in which the notary has a direct financial or beneficial interest. Receiving a payment under the contract is exactly such an interest, so the notary must decline.13. 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
- C. No, the signer must be physically present at the time of notarization
- D. Yes, provided the document is not an affidavit
Show answer & explanation
Answer: C
A notary may not notarize a signature unless the signer is physically present at the time of the notarization. A phone appearance or a previously mailed signature does not satisfy this requirement.14. 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
- 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
Show answer & explanation
Answer: C
A notary who is not an attorney may not give legal advice, accept fees for legal advice, or prepare legal documents for others. Choosing a deed type and drafting the document both fall within that prohibition.15. 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
Show answer & explanation
Answer: B
A notary must refuse to perform a notarization if the signer appears to be coerced or does not understand the transaction. Both conditions are present here, so the notary must refuse regardless of the signer's physical presence.16. When completing a journal entry for a notarial act, which set of details should the notary record?
- A. The date and time, type of act, type of document, name and address of each signer, and the identification method used
- B. Only the signer's name and the date
- C. The document's full text and the notary's fee schedule
- D. The signer's Social Security number and employer
Show answer & explanation
Answer: A
A notary journal records the date and time of the act, the type of act, the type of document, the name and address of each signer, and the method used to identify the signer. The other options add items not called for or omit required ones.17. Which of the following is typically included on a notary's official seal?
- A. The signer's name and address
- B. The notary's name, the words "Notary Public," the commissioning state, and the commission expiration date
- C. The county courthouse address and the filing fee
- D. The type of document being notarized
Show answer & explanation
Answer: B
The official seal typically includes the notary's name, the words "Notary Public," the commissioning state, and the commission expiration date. The other options list information that belongs elsewhere or is not part of the seal.18. 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.
- D. Decline only if the purchase price exceeds a set statutory limit.
Show answer & explanation
Answer: B
A notary must not notarize a document to which the notary is a party or in which the notary has a direct financial or beneficial interest. Purchasing the property makes the notary a party with a direct interest, so the notary must decline.19. 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.
- B. A non-attorney notary may not prepare legal documents for others.
- C. A notary may not notarize a signature unless the signer is physically present at the time of notarization.
- D. An acknowledgment requires the signer to take an oath.
Show answer & explanation
Answer: C
Physical presence of the signer at the time of notarization is required. Completing a notarization by mail without the signer present violates this rule.20. 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.
- 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.
Show answer & explanation
Answer: C
A notary who is not an attorney may not give legal advice, may not accept fees for legal advice, and may not prepare legal documents for others. Both choosing the deed type (legal advice) and drafting it are prohibited.21. 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.
Show answer & explanation
Answer: B
A notary must refuse to perform a notarization if the signer appears coerced or does not understand the transaction. The described behavior triggers the duty to refuse regardless of whether identification is possible.22. A long-time coworker asks a notary to notarize a document but has forgotten all identification, and the notary has never met the person before this week and has no personal knowledge of their identity. What must the notary do?
- A. Notarize, since a coworker relationship is sufficient personal knowledge.
- B. Refuse the notarization because the signer cannot be properly identified.
- C. Notarize if the signer verbally states their full legal name.
- D. Notarize and simply note in the journal that ID was unavailable.
Show answer & explanation
Answer: B
A notary must refuse when the signer cannot be properly identified. Positive identification requires personal knowledge or satisfactory evidence such as a current government-issued ID; a brief acquaintance without such evidence does not satisfy the requirement.23. 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.
Show answer & explanation
Answer: C
A notary must not notarize a document in which the notary has a direct financial or beneficial interest. A commission contingent on the loan closing is a direct financial interest that disqualifies the notary.24. A remote signer asks a notary to notarize a signature over a live video call while the signer is in another city. Under the impartiality and prohibited-acts rules provided, what is the correct response?
- A. Proceed, since a live video call satisfies the presence requirement.
- B. Decline, because the signer is not physically present at the time of the notarization.
- C. Proceed if the signer emails a copy of their ID.
- D. Proceed if the signer takes an oath on the call.
Show answer & explanation
Answer: B
Based on the rule provided, a notary may not notarize a signature unless the signer is physically present at the time of the notarization. A signer appearing only by video is not physically present, so the notary must decline.25. Which of the following actions is permitted for a non-attorney notary?
- A. Preparing a will for a neighbor for no charge.
- B. Advising a signer which contract clause best protects them.
- C. Positively identifying a signer by a current government-issued ID before notarizing.
- D. Accepting a fee to explain the legal effect of a document.
Show answer & explanation
Answer: C
Identifying a signer through satisfactory evidence such as a current government-issued ID is a proper notarial function. Preparing legal documents for others, giving legal advice, and accepting fees for legal advice are all prohibited for a non-attorney notary.26. 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.
Show answer & explanation
Answer: B
A notary is commissioned to serve as an impartial witness, but must not notarize a document in which the notary has a direct beneficial interest. Being the beneficiary creates exactly such an interest, defeating impartiality.27. 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
Show answer & explanation
Answer: B
The journal must record the date and time of the act, the type of act, the type of document, the name and address of each signer, and the method used to identify the signer. The signer's name and address is therefore a required entry. A Social Security number and transaction value are not among the required contents, and the commission expiration date belongs on the seal, not the journal.28. A notary designs an official seal. Which set of elements does the seal typically include?
- A. The notary's name, 'Notary Public,' the commissioning state, and the commission expiration date
- B. The notary's home address, signature, and phone number
- C. The signer's name and the type of document notarized
- D. The county of residence and the notary's date of birth
Show answer & explanation
Answer: A
The official seal typically includes the notary's name, the words 'Notary Public,' the commissioning state, and the commission expiration date. The signer's name and the document type belong in the journal, not the seal, and the other options list details not identified as seal contents.29. Which of the following words must appear on a notary's official seal?
- A. 'Notary Public'
- B. 'Sworn and Subscribed'
- C. 'Impartial Witness'
- D. 'Commissioned Officer'
Show answer & explanation
Answer: A
The seal must include the notary's name, the words 'Notary Public,' the commissioning state, and the commission expiration date. The other phrases are not identified as required wording on the seal.30. 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
- B. The notary must keep the seal and journal under exclusive control and not let another person use them
- 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
Show answer & explanation
Answer: B
The notary must keep the seal and journal under the notary's exclusive control and must not allow another person to use them. Lending the stamp to anyone—regardless of the person's own status or location—violates that duty.31. 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
Show answer & explanation
Answer: C
The journal must record the type of act along with the date and time, the type of document, the signer's name and address, and the identification method. Omitting the type of act leaves the entry incomplete. A seal impression is not listed among the required journal contents, so its absence is not the reason.32. A notary keeps a shared office drawer where staff can access the journal and stamp for convenience. Which principle does this practice most directly violate?
- A. The seal and journal must be kept under the notary's exclusive control
- B. The journal must record the type of document
- C. The seal must include the commissioning state
- D. The journal must record the signer's address
Show answer & explanation
Answer: A
Storing the journal and stamp where other staff can access and use them defeats the requirement that the notary keep the seal and journal under exclusive control and not allow another person to use them. The other options describe content requirements, not the custody duty at issue.33. 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
Show answer & explanation
Answer: B
In an acknowledgment the signer declares that the signature is genuine and was made willingly; the signer need not sign in the notary's presence and takes no oath. The scenario matches this exactly, distinguishing it from a jurat, which requires signing in the notary's presence plus an oath.34. 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
- 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
Show answer & explanation
Answer: B
A jurat requires the signer to sign in the notary's presence and take an oath or affirmation that the statements are true; it is used for affidavits and sworn statements. Option A describes an acknowledgment instead.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
Show answer & explanation
Answer: B
A notary must not notarize a document to which the notary is a party or in which the notary has a direct financial or beneficial interest. Receiving the property is a direct beneficial interest, so the notary must decline.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
- 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
Show answer & explanation
Answer: C
A notary who is not an attorney may not give legal advice, accept fees for legal advice, or prepare legal documents for others. Choosing the deed type is legal advice and filling out the deed is preparing a legal document, so both are prohibited.37. 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
Show answer & explanation
Answer: B
A notary must refuse to perform a notarization if the signer appears to be coerced, does not understand the transaction, or cannot be properly identified. Both apparent coercion and lack of understanding are present here.38. 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
Show answer & explanation
Answer: C
The notary must positively identify the signer through personal knowledge or satisfactory evidence such as a current government-issued identification document. With no personal knowledge, a current government-issued ID satisfies the requirement.39. 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
- C. No, the notary must keep the seal and journal under exclusive control and not let another person use them
- D. Yes, but only for acknowledgments, not jurats
Show answer & explanation
Answer: C
The notary must keep the seal and journal under the notary's exclusive control and must not allow another person to use them. Lending them to a coworker, even another notary, violates this rule.