NY Notary flashcards
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- Notary age requirement
- A New York notary public applicant must be at least eighteen years old at the time of application.
- Notary residency rule
- An applicant must be a New York State resident or an attorney admitted to practice law in New York State.
- Notary commission term
- A New York notary public commission lasts four years from the effective date stated on the commission.
- Notary application fee
- The fee to apply for a New York notary public commission is sixty dollars, payable to the Department of State.
- Oath filing deadline
- After appointment, a New York notary must take the oath of office and file it with the county clerk within thirty days.
- Notary oath power
- A New York notary public may administer oaths and affirmations to persons appearing before the notary.
- Affidavit notarization
- For an affidavit, the notary administers an oath or affirmation and completes a jurat after the affiant signs in the notary's presence.
- Deposition notarization
- A notary may take a deposition by administering an oath to the deponent and recording the sworn testimony.
- Personal appearance rule
- A notary must not perform a notarial act unless the signer or witness appears personally before the notary.
- Notary jurisdiction
- A New York notary may perform notarial acts anywhere in New York State but not outside the state.
- Acknowledgment definition
- An acknowledgment is a notarial act in which a signer appears, is identified, and states that the signature was voluntarily executed.
- Proof of execution
- A proof of execution is a notarial act in which a subscribing witness appears and swears that the signer executed the document.
- Jurat versus acknowledgment
- A jurat certifies an oath or affirmation, while an acknowledgment certifies the signer's voluntary execution and identity.
- Certificate content
- A notarial certificate must state the venue, date, person appearing, notary's signature, and official stamp.
- Notary certification scope
- A notary certifies appearance, identity, and execution, not the truthfulness or legal validity of the document.
- Self-notarization ban
- A notary public must not take an acknowledgment or administer an oath to certify the notary's own signature.
- Beneficial interest ban
- A notary must not notarize a document in which the notary is a party or has a beneficial interest.
- Unauthorized practice ban
- A notary must not give legal advice, draft legal documents, or select documents for a signer.
- Blank certificate ban
- A notary must not sign or stamp a notarial certificate before the notarial act has been performed.
- Official stamp contents
- The stamp must show the notary's name, 'Notary Public State of New York,' county of qualification, and commission expiration date.
- Notary signature rule
- A notary must sign each certificate with the name that appears on the notary's commission.
- Stamp county meaning
- The county printed on the official stamp is the county where the notary is qualified, not always where the act occurs.
- Expired stamp use
- A notary must not use the official stamp after the commission expires or is revoked.
- Stamp custody rule
- A notary must keep custody of the official stamp and must not allow another person to use it.
- Oath fee amount
- The maximum statutory fee for administering an oath or affirmation in New York is two dollars.
- Acknowledgment fee amount
- The maximum statutory fee for taking an acknowledgment or proof of acknowledgment in New York is two dollars.
- Other notarial act fee
- The statutory fee for other notarial acts is two dollars unless a specific law sets a different fee.
- Application fee amount
- The New York notary public application fee is sixty dollars, and the renewal fee is also sixty dollars.
- Revocation authority
- The New York Secretary of State may suspend or revoke a notary commission for misconduct, fraud, dishonesty, or incompetence.
- Criminal exposure
- A notary who violates New York notary law may face criminal penalties and civil liability for resulting damages.
- Uncommissioned notary act
- A person who performs notarial acts without a valid commission may be guilty of a misdemeanor.
- Revoked notary duty
- A notary whose commission is revoked must stop performing notarial acts and must not use the official stamp.