New York Notary Public Exam — All Questions
22 questions
A New York client asks the notary to certify that a photocopy of a diploma is a true copy. What is correct?
- a.Certify it for $2
- b.Certify it only with two witnesses
- c.Decline—New York notaries cannot certify copies✓
- d.Administer an oath instead and then certify
New York notaries have no power to certify copies of documents; there is simply no notarial copy certification in New York. This is a classic exam trap. The notary should decline and, if appropriate, suggest the signer obtain a certified copy from the issuing authority.
For an affidavit, what does a New York notary do that differs from taking an acknowledgment?
- a.Nothing; they are identical
- b.Administer an oath so the signer swears the contents are true✓
- c.Certify a copy of the affidavit
- d.Solemnize a marriage
For an affidavit or deposition the notary administers an oath or affirmation and the signer swears to the truth of the contents. An acknowledgment only confirms the signer executed the document. Both require personal appearance and identification.
Which act is a New York notary NOT authorized to perform?
- a.Solemnizing a marriage✓
- b.Taking an acknowledgment
- c.Administering an oath
- d.Taking an affidavit
New York notaries may take acknowledgments and affidavits and administer oaths, but they may NOT solemnize marriages or certify copies. Knowing the boundaries of NY notarial authority is frequently tested.
A New York notary who is not an attorney is asked to draft a will and then notarize it. What should the notary do?
- a.Draft and notarize it for the standard fee
- b.Decline to draft it, as preparing legal documents is unauthorized practice of law✓
- c.Draft it but not notarize it
- d.Certify a copy of the will instead
A non-attorney New York notary may not prepare legal documents or give legal advice—doing so is the unauthorized practice of law. The notary may notarize a signature (e.g., take an acknowledgment or administer an oath) but must not draft the will.
How should a New York notary establish a signer's identity?
- a.By the signer's word alone
- b.By a credit card
- c.Through personal knowledge or a current government photo ID✓
- d.By a mailed copy of the ID
Identity is established by personal knowledge or satisfactory evidence such as a current government-issued photo ID (driver license, non-driver ID, or passport). The signer must appear in person. If the notary cannot be reasonably certain of identity, the act must be refused.
A signer appears intoxicated and cannot explain the document. The New York notary should:
- a.Refuse, because willingness and awareness are in doubt✓
- b.Proceed if ID is shown
- c.Proceed for a $2 fee
- d.Have a witness sign instead
The notary must be satisfied the signer appears willing and aware of what they are signing. If the signer cannot understand the document or appears impaired, the notary should refuse. Proper ID alone does not cure a lack of awareness or willingness.
A New York notary receives a document by mail already signed, with a request to notarize it. Is this proper?
- a.Yes, if the signature looks genuine
- b.No—the signer must personally appear before the notary✓
- c.Yes, for acknowledgments only
- d.Yes, if the fee is waived
Personal appearance is mandatory. A New York notary may not notarize a signature for a signer who did not appear before the notary at the time of the act. Notarizing a mailed-in signature is misconduct.
Does New York require a notary to keep a journal for traditional paper notarizations?
- a.Yes, for every act
- b.No, but keeping a record is a recommended best practice✓
- c.Yes, but only for acknowledgments
- d.No, and records are prohibited
New York does not mandate a journal for traditional paper acts, though keeping a record (date, type, document, signer, identification method) is a strong best practice that protects the notary if an act is challenged. Journaling IS required for electronic/remote acts.
For which New York notarizations is keeping a record and audio-video recording mandatory?
- a.Traditional paper acknowledgments
- b.Oaths of office
- c.Electronic and remote online notarizations✓
- d.None
New York requires notaries performing electronic or remote online notarizations to keep a record/journal and retain the audio-video recording for the period set by law. These duties are mandatory for e/remote acts, unlike optional journaling for paper acts.
Why do many New York notaries keep a voluntary journal?
- a.It provides evidence protecting the notary if an act is later challenged✓
- b.It is legally required for all acts
- c.It lets them certify copies
- d.It raises the fee cap
A voluntary journal creates a contemporaneous record of each act—who appeared, what was signed, and how they were identified—which protects the notary against later claims of fraud or improper notarization. New York recommends but does not require it for paper acts.
A New York notary is named as the grantee in a deed presented for acknowledgment. What should the notary do?
- a.Notarize it for $2
- b.Decline—the notary is a party with a disqualifying interest✓
- c.Notarize it if a witness is present
- d.Certify a copy instead
A notary who is a party to the instrument or has a direct beneficial/financial interest is disqualified from notarizing it. As the grantee, the notary has a clear interest and must decline. Doing otherwise is misconduct and can void the act.
Issuing a notarial certificate the New York notary knows to be false can result in:
- a.A warning only
- b.Nothing
- c.Removal from office and criminal penalties✓
- d.A higher fee cap
Knowingly executing a false certificate is serious misconduct in New York. It can lead to removal by the Secretary of State, criminal penalties (it can be a misdemeanor), and civil liability to injured parties. Notarial integrity is strictly enforced.
How long is a New York notary commission valid?
- a.Four years✓
- b.Two years
- c.One year
- d.Ten years
A New York notary commission lasts four years. Note the separate two-year validity of the exam pass letter—an applicant must file within two years of passing. Attorneys admitted in New York are exempt from the exam.
Who is exempt from the New York notary exam?
- a.Anyone over 60
- b.Attorneys admitted to practice in New York✓
- c.County clerks' relatives
- d.Real-estate agents
New York attorneys admitted to practice in the state are exempt from the notary exam and may be appointed without taking it. Most other applicants must pass the exam, which is valid for two years, and be a resident or have a NY office.
A New York applicant must be a resident of New York OR:
- a.A US citizen only
- b.Over age 21
- c.Have an office or place of business in New York✓
- d.A registered voter
An applicant must be a New York resident or have an office or place of business in New York. This lets non-resident professionals who work in New York qualify. The notary may then act anywhere within the state.
What is the maximum fee a New York notary may charge for taking an acknowledgment?
- a.$15
- b.$2✓
- c.$10
- d.No limit
New York caps the fee at $2 for taking an acknowledgment or proof and $2 for administering an oath or affirmation—among the lowest caps in the country. Charging more than the statutory maximum is prohibited. (The $15 figure is the exam fee, not the per-act fee.)
The $15 figure associated with New York notaries refers to:
- a.The exam fee✓
- b.The per-acknowledgment fee
- c.The annual renewal
- d.The bond amount
In New York, $15 is the notary exam fee, not a per-act charge. The per-act maximum is only $2. Confusing the exam fee with the notarial fee cap is a common trap; the two figures are unrelated.
What does New York require in place of a mandatory embossing seal?
- a.A wax seal
- b.A fingerprint
- c.A printed statement with 'Notary Public State of New York,' county, name, and commission expiration✓
- d.Nothing at all
New York does not require an embosser. Instead the notary prints, typewrites, or stamps beneath their signature: 'Notary Public State of New York,' the county of qualification, their name, and the commission expiration date. A rubber stamp with this information is commonly used.
How should a New York notary sign a notarial certificate?
- a.Exactly as the name appears on the commission, with the required identifying statement✓
- b.With initials only
- c.With any legal signature
- d.With the signer's name
The notary signs exactly as their name appears on the commission and includes the required printed authenticating statement (title, county, name, expiration). Because there is no mandatory embosser, that printed statement is what identifies the New York notary.
To perform remote online notarizations in New York, a notary must:
- a.Do nothing extra
- b.Register the RON capability with the Department of State and use approved technology✓
- c.Move out of state
- d.Give up paper notarization
A New York notary must register to perform remote online notarizations and use communication technology providing real-time audio-video, identity verification (credential analysis/identity proofing or personal knowledge), and a tamper-evident electronic signature. RON is authorized but regulated.
After a New York remote online notarization, the notary must:
- a.Delete all records
- b.Do nothing
- c.Create and retain an audio-video recording and keep a record for the required period✓
- d.Mail the recording to the signer
New York requires the notary to make and retain an audio-video recording of each remote act and keep a record/journal for the retention period set by law. These recordkeeping duties are mandatory for remote/electronic acts.
A New York notary is asked to 'notarize' a document but the required certificate wording is missing and the signer cannot say whether an oath is needed. What should the notary do?
- a.Not choose the act for the signer; ask the signer or the document to specify, or refer to an attorney✓
- b.Pick an acknowledgment to be safe
- c.Administer an oath and certify a copy
- d.Refuse to ever notarize
Deciding which notarial act and certificate a document requires is a legal determination a non-attorney notary must not make for the signer. The notary should have the signer or document specify the act, or refer the signer to an attorney, then complete the proper certificate.