New York Notary Public Exam — All 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.

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.