New York State Notary Practice Test

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 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

3. 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

4. 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.

5. 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

6. 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.

7. 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

8. 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

9. 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

10. 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

11. 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.

12. 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.

13. 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.

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, 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

15. 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

16. 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

17. 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.

18. A client brings in a durable power of attorney to be signed and, separately, an affidavit of heirship swearing to family relationships after a death. Which notarial act does each document call for?

• A. Both require a jurat, because any document used in a probate or estate matter must always be sworn to under oath, including a power of attorney, which is treated as requiring the affiant's oath before a judge.
• B. Neither requires a specific act; the client may choose either an acknowledgment or a jurat for both documents interchangeably.
• C. The power of attorney is acknowledged, confirming only that the signature was willing; the affidavit of heirship needs a jurat, since its value depends on the truth of the facts asserted.
• D. The power of attorney requires a jurat because it grants legal authority, while the affidavit requires only an acknowledgment.

19. 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.

20. A holder of a dishonored check asks a notary to issue a protest certificate without the notary ever having presented the check for payment or demanded acceptance from the drawee. Is that a valid protest?

• A. Yes, because a protest is simply a notarized statement that a debt exists, regardless of whether any demand was made.
• B. No, but only because checks specifically are excluded from the instruments a notary may ever protest, that category being reserved for the county clerk's commercial paper division instead.
• C. No. A valid protest requires the notary to actually demand acceptance or payment first, and only then certify the dishonor that results from that demand being refused.
• D. Yes, the notary may certify dishonor based solely on the holder's own say-so that payment was refused elsewhere.

21. A document arrives with an acknowledgment certificate that already shows a printed venue and date, apparently begun by another notary who never finished the act, and the notary is asked only to add a signature and stamp to complete it. What must the notary do?

• A. Perform the entire notarial act personally, including confirming the signer's identity and willingness, before completing a certificate reflecting the notary's own act.
• B. Contact the prior notary to obtain permission before adding a signature to the certificate that notary started, since a handoff of an unfinished certificate is treated as valid once the original notary consents.
• C. Simply sign and stamp the existing certificate, since the venue and date were already correctly filled in by the prior notary.
• D. Cross out the prior notary's printed venue and date and leave the rest of the certificate exactly as found before signing.

22. 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.

23. 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

24. 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

25. 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

26. 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.

27. 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

28. 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

29. 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

30. 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.

31. 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

32. 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.

33. 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

34. 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.

35. 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.

36. 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.

37. 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

38. 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.

39. 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.

40. 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

41. 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

42. 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.

43. 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.

44. 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.

45. 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

46. 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.

47. 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.

48. 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.

49. 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.

50. 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.

51. 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.

52. 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.

53. 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.

54. 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.

55. 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

56. 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.

57. 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

58. 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.

59. 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.

60. 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

61. 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

62. A notary who is also a licensed real estate agent stands to earn a sales commission if a purchase closes, and is asked to notarize the buyer's signature on that same purchase contract. What is the problem?

• A. The problem disappears once the sale actually closes, since the commission is not earned until closing occurs.
• B. There is no problem, since a sales commission is paid by the seller, not the buyer whose signature is being notarized.
• C. The problem is only that a real estate agent may never simultaneously hold a notary commission under any circumstances, the same dual-role ban that applies to licensed insurance brokers seeking a commission.
• D. The notary has a direct financial interest in the transaction through the pending commission, which disqualifies the notary from performing this notarization.

63. A notary refuses to notarize a document for a customer solely because the notary personally disapproves of the type of transaction, even though the signer is clearly competent, unpressured, and properly identified. Is this refusal proper?

• A. No, but only because the notary must state the specific reason for refusal in writing before declining any request.
• B. No. Absent a genuine concern about identity, capacity, or voluntariness, or an actual conflict of interest, a notary should not refuse service based on personal disapproval of an otherwise lawful transaction.
• C. Yes, provided the notary refers the signer to another notary immediately after declining.
• D. Yes, a notary may refuse any request for any personal reason whatsoever, with no limitation at all, the same unlimited discretion given to notaries acting as commissioners of deeds outside New York City.

64. A non-attorney notary offers, for an additional fee, to fill out a client's federal immigration forms and advise which visa category to apply under. Is this within the notary's proper role?

• A. Yes, as long as the notary discloses in writing beforehand that the advice is not coming from a licensed attorney.
• B. No, but only because the notary charged an extra fee; the identical guidance given free of charge would be permitted, the same fee-only line New York draws for advertising assistance.
• C. Yes, since immigration forms are federal rather than state matters, and New York's restrictions on non-attorney notaries apply only to state-law documents.
• D. No. Selecting an immigration category and completing federal forms on a client's behalf involves legal judgment that is practicing law, which a non-attorney notary may not do for a fee or otherwise.

65. 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.

66. 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

67. 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.

68. 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

69. 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

70. 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.

71. 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.

72. 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

73. 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

74. 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

75. 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.

76. 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.

77. A notary records the date and type of act for a signing but writes only 'afternoon' without any more specific approximate time. Does this satisfy the time element New York's journal rule requires?

• A. No time entry is actually required at all; only the date and type of act must be recorded, the original two-field minimum before the current rule added the time element, satisfied so long as the notary also initials the entry.
• B. Yes, any general reference to the time of day, however broad, fully satisfies the approximate-time requirement.
• C. Yes, but only because the notary also recorded the type of act; the two fields together substitute for a specific time.
• D. It should record the approximate time of the act more specifically than a broad period like 'afternoon,' since the rule calls for the date, approximate time, and type of act performed.

78. A notary stores scanned journal pages in a shared office drive that any employee can open without entering any password or credential. Does this comply with the safeguards New York requires for third-party record storage?

• A. No, but only because the drive is described as a shared office drive; the same setup on a personal computer would be acceptable.
• B. No. Records held with a third-party or shared storage service must be protected by a password or other secure means of access, which an open, unrestricted shared drive does not provide.
• C. Yes, because the requirement applies only to electronic signature credentials, not to stored journal images.
• D. Yes, as long as the drive itself is owned by the notary's employer rather than an outside vendor, the same ownership exception recognized for payroll records and expense receipts generally.

79. A notary who has never registered for electronic notarization and performs only traditional, in-person acknowledgments and jurats wonders whether keeping a journal is required. What is the answer since January 25, 2023?

• A. No, journal-keeping remains entirely optional for every New York notary regardless of registration status.
• B. Yes, but only for acts performed on real property documents; other traditional acts are exempt from the journal rule.
• C. No, the journal requirement applies only to notaries who have separately registered to perform electronic notarial acts, not to those who notarize only traditional paper documents.
• D. Yes. Since January 25, 2023, every notary, including one who performs only traditional in-person acts, must keep a journal recording each notarial act.

80. A notary performs three separate acknowledgments for three different documents during one visit from a single signer. Beyond recording the type of act for each, what else must the journal capture about this visit?

• A. The number and type of notarial services provided to that individual, a distinct required element from simply describing each individual act.
• B. The total fee charged across all three acts, which New York requires as a specific line item separate from the type of act.
• C. Only a single combined entry is allowed when one signer receives multiple services in one visit, rather than itemizing each, with any additional service simply noted in the margin rather than given its own line.
• D. Nothing further; recording the type of act performed for each document fully satisfies every journal requirement.

81. Beyond the five elements every notary must record, what two additional things must a registered electronic notary's journal capture for an electronic notarial act?

• A. A written transcript of the entire conversation, in place of an audio-video recording, since transcripts are considered more reliable, provided a court reporter certifies the transcript's accuracy within five business days.
• B. Only the signer's email address, since electronic acts substitute an email record for everything else required of traditional acts.
• C. The IP address of the device used to connect, with no requirement to identify the technology or providers involved.
• D. Identification of the communication technology, certification authority, and verification providers used, and an actual audio-video recording of the act.

82. A notary resigns the commission two years after performing a notarization. Does the ten-year record-retention duty for that act end when the commission itself ends?

• A. No, but only because the ten-year period restarts and runs from the date of resignation rather than from the date of the act, mirroring the five-year re-certification cycle for electronic notary registration.
• B. Yes, unless the notary is reappointed within one year, in which case the original ten-year period resumes.
• C. Yes, resigning the commission also ends any further obligation to retain previously created notarial records.
• D. No. The record for that act must still be retained for the full ten years from when it was performed, even though the notary is no longer commissioned.

83. A notary's journal entry lists the date, the type of act, the signer's name and address, and the type of identification credential shown, but says nothing about how the notary actually verified that credential against the signer. Is the entry complete?

• A. No. The verification procedures used to confirm identity are a separate required element, not covered simply by naming the credential type shown.
• B. Yes, naming the type of credential is enough; describing how it was verified is optional information.
• C. Yes, because verification procedures are required only for electronic notarial acts, not traditional ones.
• D. No, but only because the signer's address, not the verification procedures, is the missing required element for a traditional in-person act on real property specifically.

84. A registered electronic notary stops performing electronic acts and lets that registration lapse. For how long after the notary's last electronic notarial act must the audio-video recordings already made be retained?

• A. Only one year, since audio-video files are treated differently from the shorter, ten-year period for paper journal entries, a shorter period that applies specifically to audio-video files under the 2023 rules.
• B. No retention is required once the electronic registration itself lapses; the recordings may be discarded immediately.
• C. At least ten years from the date of each electronic notarial act, the same retention period that applies to a notary's other required records.
• D. Permanently, since New York requires audio-video recordings to be kept forever with no fixed end date.

85. A New York notary uses a stamp on documents. What must the stamp or written statement include?

• A. Only the notary's signature, since every other stamp element is optional formatting left to each notary's personal preference and county custom, and never reviewed by the Department of State after the initial commissioning.
• B. The notary's residential address.
• C. Name, “Notary Public State of New York,” county of qualification and expiration date, plus the official number on oath or affirmation instruments (every instrument if qualified in New York City).
• D. The county clerk's signature

86. During a registered electronic notarial act, a separate service asks the signer knowledge-based questions drawn from public and private data sources to independently confirm the signer is who they claim to be, apart from examining any uploaded document. What is this process called?

• A. Satisfactory evidence, a term reserved exclusively for documents examined in person rather than remotely, the same in-person-only limit that applies to credential analysis specifically.
• B. Personal knowledge, because the questions rely on information the signer personally supplies.
• C. Credential analysis, since any third-party identity check during an electronic notarization falls under that single term.
• D. Identity proofing, a process or service through which a third party confirms the identity of a signer, distinct from the document-focused credential analysis process.

87. A signer has no documents at all, and the notary has never met the signer before and does not personally know anyone who could vouch for the signer. Two people who know the signer well come forward, and each presents their own current government-issued photo identification. Is this combination sufficient?

• A. No, at least one of the two witnesses must also be personally known to the notary before this method can apply.
• B. Yes, but only if the two witnesses also personally know each other, apart from both knowing the signer.
• C. No, this method requires the witnesses to be related to each other, such as spouses or siblings, the same family condition required when a single witness is a stranger to the notary.
• D. Yes. Two sworn witnesses who know the signer and each present qualifying government identification satisfy the requirement, even though neither witness is personally known to the notary.

88. A signer presents only a company-issued employee identification badge, which has a photograph but was issued by the signer's private employer rather than any government agency. Does this badge alone satisfy the identification requirement?

• A. Yes, provided the badge includes the employer's corporate seal printed somewhere on its face, an exception recognized for notaries employed by a title insurance company or a bank branch.
• B. Yes, any photo identification card, public or private, automatically qualifies as satisfactory evidence.
• C. No. A privately issued employee badge is not a government-issued identification document, so it does not by itself satisfy the requirement, and another qualifying method should be used instead.
• D. No, but only because the badge lacks a magnetic stripe or barcode, not because of who issued it.

89. A signer has no acceptable identification, but brings a friend who has known the signer for years. That friend is also personally known to the notary from years of prior dealings. Can this single witness's sworn statement establish the signer's identity?

• A. Yes. One sworn witness who is personally known to both the signer and the notary is a recognized method of establishing satisfactory evidence, without requiring the witness to also show a photo ID.
• B. No, because the witness must be a notary public or attorney to qualify as a sworn identifying witness.
• C. No, a single witness is never sufficient under any circumstance; New York always requires at least two witnesses.
• D. Yes, but only if the witness is also a blood relative of the signer, not merely a longtime friend, the same blood-relative condition required when neither witness is personally known to the notary.

90. A signer located in another country during a registered electronic notarial act wants to sign a private business contract that has no connection to the United States, no U.S. party, and no U.S. property. May the New York electronic notary proceed?

• A. Yes, the notary's own physical presence in New York is the only location requirement that matters, regardless of the signer's location or the document's subject matter.
• B. Yes, provided the signer's home country recognizes New York notarizations as valid under its own local law, a foreign-recognition test that otherwise applies only to real property transactions located within the signer's own country.
• C. No. When the principal signs from outside the United States, the transaction must relate to United States jurisdiction or involve property here, and this contract has neither connection.
• D. No, but only because electronic notarial acts can never be performed for any signer physically located outside the United States, regardless of the document's subject matter.

91. A notary has personally known a signer for fifteen years through regular community involvement and is confident of the signer's identity. Must the notary still ask for a driver's license or other identification before proceeding?

• A. Yes, unless the signer is a close relative of the notary, in which case an ID is never required, a carve-out limited to spouses rather than signers known through community involvement.
• B. No, but only because fifteen years happens to exceed a ten-year personal-knowledge threshold set by regulation.
• C. No. Personal knowledge of the signer is itself an independent, sufficient basis for establishing identity under New York's identification rules, without needing a document as a backup.
• D. Yes, a current government-issued photo ID is always mandatory no matter how well the notary already knows the signer.

92. A signer who recently arrived from abroad presents a valid, current passport issued by their home country's government, bearing a clear photograph, as their only identification. Does a foreign government-issued passport qualify as satisfactory evidence of identity?

• A. Yes. A valid, current, government-issued photo identification document can satisfy the requirement, and nothing limits the qualifying government to a domestic issuer alone.
• B. No, a foreign passport may be used only as one of two documents under the signed-documents method, never alone.
• C. Yes, but only if the passport is also accompanied by a certified English translation of every page, the same translation condition required of foreign business records used under the signed-documents method.
• D. No, only identification issued by a United States federal or state government agency can ever qualify.

93. A signer's only form of identification is a Social Security card, which has no photograph and no expiration date. Does this document by itself satisfy the government-photo-ID method of establishing identity?

• A. Yes, a Social Security card is the single most authoritative government document and always satisfies identification alone.
• B. Yes, because the absence of an expiration date means the card is treated as permanently current and sufficient.
• C. No. The government-issued-photo-ID method requires a photograph, and a Social Security card has none, so another method such as signed documents, personal knowledge, or witnesses is needed.
• D. No, but only because Social Security cards are issued by a federal rather than a state agency, the same federal-versus-state distinction drawn for military identification cards.

94. During a registered electronic notarial act, a service compares the barcode and security features on a signer's uploaded driver's license against known standards to confirm the document itself is genuine. What is this process called under New York's electronic notarization rules?

• A. Personal knowledge, since the notary is relying on their own recognition of the license's features.
• B. Papering out, the process of converting an electronically notarized document into a paper copy.
• C. Credential analysis, a process where a third-party service validates a government-issued identification presented by an individual.
• D. Identity proofing, the process through which a third party independently confirms who the individual actually is, carried out by comparing the presented document against the notary's own personal recollection.

95. A notary worked with a person professionally many years ago but has not seen or spoken with that person in over a decade, and is not confident of recognizing them today. That person now appears asking to be notarized based on the notary's past personal knowledge. Is that stale acquaintance enough on its own?

• A. Yes, provided the notary simply asks the person to state their own full name aloud before proceeding.
• B. Yes, once personal knowledge is ever established between two people, it remains a valid basis forever, regardless of how much time has passed.
• C. No. Personal knowledge must give the notary present confidence in the signer's current identity, and an old acquaintance the notary can no longer confidently recognize does not meet that standard without another method.
• D. No, but only because ten years specifically is the fixed cutoff after which personal knowledge always expires under regulation, the same sunset that governs the two-witness method's underlying identification documents.

96. A signer unknown to the notary presents a current, unexpired New York State driver's license bearing a clear photograph. Is this single document enough, on its own, to satisfy the identification requirement?

• A. Yes, but only if the license was issued within the last twelve months, regardless of its printed expiration date.
• B. No, a government photo ID is only accepted as one of two required sworn-witness confirmations once the license is more than eight years old.
• C. No, a government photo ID must always be paired with a second document before it can be relied upon.
• D. Yes. A qualifying valid, current government-issued photo identification document is, by itself, a sufficient basis for satisfactory evidence of identity.

97. A signer's presented driver's license photo clearly matches the person present, but the handwritten signature on the license looks noticeably different from the signature the signer is about to place on the document. What should the notary do?

• A. Refuse permanently and report the signer to law enforcement without any further inquiry into the discrepancy.
• B. Pause and resolve the discrepancy before proceeding, since the notary must be genuinely satisfied of the signer's identity, and an unresolved, significant inconsistency should not simply be waved through.
• C. Proceed, but only if the signer signs an additional blank sheet of paper as a backup signature sample.
• D. Proceed immediately without concern, since a photo match alone always fully satisfies the identification requirement once the notary has held a commission for several years without discipline.

98. A signer presents a driver's license that appears facially valid and unexpired, but the notary genuinely believes, based on close observation, that the photograph does not actually match the person standing there. May the notary proceed simply because the document itself looks valid?

• A. Yes, once a document appears facially valid and unexpired, the notary's own personal impression of the match no longer matters.
• B. No. A facially valid document does not override the notary's own genuine doubt about whether it actually belongs to the person present, so the notary should decline unless the doubt is resolved through another method.
• C. No, but only because New York requires every ID to be verified against a state database before any notarization, regardless of appearance.
• D. Yes, provided the notary notes the personal doubt in the journal and proceeds anyway despite the unresolved concern, a document-and-proceed practice permitted only when a bank has offered blanket corporate indemnification.

99. A signer presents a driver's license that remains valid and does not expire for another eight days. Is this identification acceptable, or must the notary treat an ID nearing its expiration date the same as one already expired?

• A. It is not acceptable, since any document expiring within thirty days is treated as if already expired, the same thirty-day look-ahead rule applied to a notary's own commission expiration.
• B. It is acceptable. A document is measured by whether it is currently valid and unexpired at the moment of the notarial act, not by how soon it happens to expire afterward.
• C. It is acceptable only if the signer also promises in writing to renew the license before the eight days elapse.
• D. It is not acceptable, since only a document with more than one year of remaining validity qualifies as current.

100. A signer has no government-issued photo ID but presents a currently signed lease and a currently signed utility service agreement, both bearing the signer's name and signature. Can these two documents satisfy the identification requirement?

• A. Yes. At least two qualifying current signed documents are a recognized alternative method of establishing satisfactory evidence when no government photo ID is available.
• B. No, signed documents of this kind are never an acceptable substitute for a government-issued photo identification.
• C. No, because at least three separate signed documents, not two, are required under this alternative method.
• D. Yes, but only if both documents were issued by the same company or government agency, the same same-issuer condition that applies to the two-witness method's identification documents.