Preview of the New York eCourse
This section is a preview of the New York eCourse. The complete New York eCourse is sixteen chapters long and each chapters has automated questions and answers regarding the text material. Chapter seven is roughly five times the length of the average chapter. Please enjoy this preview, and if you would like to have the full contents of this course, please visit https://www.123epayment.com and order the New York eCourse. Please visit our New York notary search page.
This page is NOT intended to be printed.
In this guide you will learn:
- how to apply to the Secretary of State to become a Notary.
- how and when to book an exam date.
- the laws a notary must abide by.
- how to take and pass your exam.
- how to receive a live scan fingerprinting after you get your test results.
- how to take your oath and how to acquire your supplies (stamp, bond, embosser,
and so on). - how to become a successful notary in a retail setting or signing loans (for
further and more detailed instruction on signing loans, please order
123Notary.com's loan signing course).
Contents
1. Requirements for becoming a notary public in New York
2. Preparing your application and registering for the exam.
3. Preparing for the exam.
4. The exam itself
5. What to do after the exam
6. The notary commission
7. Notarial acts
8. Identification
9. Journals
10. Notary certificates and forms.
11. The notary seal
12. Notary fees
13. When not to notarize
14. Miscellaneous notary procedures
15. Miscellaneous notary laws
16. Misconduct and fines.
Chapter 1. Requirements for becoming a notary public in New York.
To become a New York notary public you must:
- be at least 18 years of age
- be a New York resident or maintain a business or office within New York.
- not have been convicted of a felony.
- pass a written and proctored examination if you are applying for a notary
commission for the first time. - If you are renewing your commission or if your commission expired less than
six months ago, you will still need to apply but you will be exempt from an examination.
To receive your application and study materials, please contact the department of state
at 1 (518) 474-4429. You can also fax 1 (518) 473-6648 to request an application--make
sure to include your name and address. Whether by fax or phone, you should indicate
whether you just want an application, study materials, an examination schedule, or all
three. Applications are also available at various department of state offices throughout
the state in cities such as: Albany, Birmingham, Buffalo, Hauppauge, New York City,
Syracuse, and Utica.
Chapter 2. Preparing your application and registering for the exam.
You must complete your application for the notary public exam with an ink pen; do not complete the application with a pencil. You may not list a post office box as an address. Married women must use their own name as opposed to using Mrs [ first name of husband ] followed by the surname. For example, "Mrs Frank Turner" is not an acceptable name to list. On the application, you must not make any false statements or omit any necessary information; if you do, your application will be denied.
After completion of the application you must:
- Have the application notarized by doing an "Oath of Office" with a notary public.
- You must take and pass the state notary examination in order to obtain your "Exam slip"
- Mail your exam slip and notarized application along with a check for $60 to either: (a) The County Clerk if you are renewing your notary commission, or (b) the Department of State if you are a first time notary. The address for the Department of State is: 84 Holland Ave., Albany, NY 12208-3490.
Registering for the exam.
There is no pre-registration for the exam. There is also no way to determine if there will be space for you at any given exam location. You will have a variety of different locations and times to choose from for your examination. Be sure to chose a date and location that fits into your schedule. The Department of State can assist you with finding information pertaining to exam dates and places--they can be reached at 1 (518) 474 - 4429. Examinations are held regularly all throughout the state of New York.
Questions and Answers
Chapter 3. Preparing for the Exam
To prepare for the New York notary exam you need to be familiar with all of the laws effecting notaries in the state of New York. All of the appropriate laws are in the notary law section of this course. If you are able to answer all of the practice questions at the end of the chapters of this book along with the practice tests at the end of this book, then you are ready for the exam.
Other useful exam preparatory materials include the CD-rom course for passing the New York state notary exam sold on www.becomeanotary.us. This website also hosts a variety of books that are intended for the whole United States and not just to New York; such books are helpful for enhancing your general notary knowledge and they can serve as supplementary books for exam preparation.
Chapter 4. The Notary Exam Itself
It is necessary to arrive at your exam venue at least 15 minutes prior to the starting time of your exam. Seating at the exam is offered on a first come first serve basis, so it is recommended that you arrive an hour early if possible. This way you will have time to park, find your way, and have a higher chance of being seated.
You must bring the following to the exam:
- Either a valid New York State Driver's license, a non-driver ID, or a current passport
- A $15 check payable to "Department of State." This is for commission fees.
- Two sharp #2 pencils with black lead. It is a good idea to bring more than two, just incase.
- Thumbprints.
An exemption of the fee will be given to those who the county clerk designated to serve the public at no charge.
The exam is 60 minutes. You are required to answer at least 70% of the questions correctly to pass the exam. The exam is closed book, and the use of study materials is strictly prohibited during the test.
Questions and Answers
We will not be including the questions and answers for chapter four in the free preview. However, there are five questions and answers in the actual course.
Chapter 5. What to do after the exam
Within about two weeks of the exam, you will be notified as to whether you passed or failed by mail. If you fail, you can take the exam again at any time. If you pass, then mail in your original exam slip marked passed with your notarized application along with a $60 check your application fee payable to "Department of State". Your exam results will become void two years after the exam.
Mail your examination results to:
Department of State, Division of Licensing Services
84 Holland Ave., Albany, NY 12208-3490.
If your application is approved, the Department of State will send you an identification card stating the effective starting and expiration dates of your four-year notary commission. The Department of state will send your Notary commission, notarized application, and official signature directly to the county clerk in your listed area. The Notary does not need to pick up the commission.
Questions and Answers
We will not be including the questions and answers for chapter five in the free preview. However, there are six questions and answers in the actual course.
Chapter 6. The notary commission.
Qualifications.
Please see chapter one to read about qualifications.
Jurisdiction.
A New York commissioned notary public can only notarize within New York state boundaries. New York residents who are employed or maintain an office in Connecticut may qualify for a notary commission in Connecticut. New York residents may also qualify for a notary commission in New Jersey.
Term of Office.
A New York notary's term of office is four years. A notary’s effective starting date would be specified on the notary identification card issued by the Department of State. Notary commissions expire midnight on the day issued
Renewal.
A New York Notary can renew his term of office once it has expired. There is, however, only a six month window in which the notary can renew their commission. If this window is missed, then the notary must repeat the commission process.
Resignation.
If a notary wishes to resign, they must submit a written notice to the Department of State giving an effective date of resignation. It is best to send this letter by certified mail to have proof of sending it. New York Notaries must resign their commission if they are moving out of New York without maintaining a business within New york. Once a notary has resigned, they must destroy their stamp or seal of office to prevent fraud.
Change of Address.
Notaries must notify the New York Department of State if they change their residence, office, or place of business.
If a New York Notary moves out of New York but still maintains a business within New York, they may continue to be a New York Notary public.
There is a $10 administrative fee required when a notary notifies the Department of State that they are changing their address, unless it is made when applying for renewal.
Change of Name.
The New York Department of State must be notified if a New York Notary changes their name. If a female New York Notary gets married, they must keep their maiden name on their current notary seal, but they may add their new surname when signing. When a notary renews, they can choose the name they would prefer on their seal.
Questions and Answers
We will not be including the questions and answers for chapter six in the free preview. However, there are seven questions and answers in the actual course.
Chapter 7. Notarial acts.
Acknowledgments. An Acknowledgment certifies that a signer personally appeared before a Notary Public, was identified by the Notary, and freely acknowledged signing the document.
Depositions. A deposition certifies that a witness’ spoken words were accurately recorded in writing. This act is often carried out by experienced court reporters.
Jurats. A jurat certifies that the signer made a personal appearance before the Notary, took an oath or affirmation from the Notary, and generally the affiant would sign in the presence of the notary. Jurats are used in affidavits and sworn documents.
Oaths and Affirmations. Solemn promises made to a supreme being are called oaths, and solemn promises made to one's own personal honor are called affirmations.
Proofs of Execution. Proofs of execution certify that a “subscribing witness” personally appeared and swore that another person, “the principal,” signed a document.
Protests. Protests certify that a written promise to pay, for example, a bill of exchange, was left unhonored.
Safe Deposit Box Openings. New York Banking laws require that a Notary to witness openings of safety deposit boxes by a bank.
Acknowledgments.
Acknowledgments constitute roughly eighty-five percent of all Notarial acts - they are by far the most common. Notaries typically carry a pad of blank Acknowledgment forms in their Notary bag and have to reorder pads on a regular basis, as they are the forms that are most used. Deeds for real property typically have an Acknowledgment attached for the notarization along with many other documents. Affidavits and oaths, on the other hand, usually employ the use of a jurat.
When a notary acknowledges a signature, it proves that:
- The signer appeared before a notary.
- The signature was made on a particular date.
- The signature was made in a particular county.
- The signer was positively identified through personal knowledge or satisfactory evidence - for example, a valid identification card or passport.
- The signer acknowledges that their signature was made freely and for the purposes stated in the document. The act of signing a document in the presence of a notary is equivalent to an oral Acknowledgment of the signature.
Acknowledgments are very important for real estate transactions as the losses can be massive in the case of fraud. Acknowledged signatures can deter fraudulent signatures, for the most part, especially with the use of thumbprints. Notarizations can not be done by phone or online: the signer must be present before a notary.
Acknowledgments must include proper Acknowledgment wording. The wording often appears on the document itself; however, if the wording is not on the document or if the wording on the document is incorrect, the notary can attach a loose notary certificate that contains the correct wording. These certificates can be purchased in bulk from any store that stocks notary supplies.
State of New York )
) ss.:
County of ____________ )
On the __________ day of ___________ in the year __________ before me, the undersigned, a Notary Public, personally appeared _________________________, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name (s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signatures(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument.
For an out-of-state notary to notarize a document effecting real property in New York, they can use the following form:
State of ______________ )
Territory, Possession, or )
Foreign Country ________)On the __________ day of ___________ in the year __________ before me, the undersigned, a Notary Public, personally appeared _________________________, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name (s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signatures(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument.
It is worth noting that the previous form does not have a space for the notary to fill in his state and county - such blank spaces and wording are a requirement in most or all states. New York Notaries, in all likelihood, will not need to deal with this form outside of the notary examination. However, in the occasion that a New York Notary is notarizing a document for property outside of New York state they can use a more appropriate wording. You must not use these wordings for properties within New York.
Here is one statutory form for corporations to sign.
State of New York )
) ss.:
County of __________ )
On the _________ day of ____________ in the year __________ before me personally came _________, to me known, who, being by me duly sworn, did depose and say that he/she/they reside(s) in _________ ( if the place of residence is in a city, include the street and street number, if any, thereof ) that he/she/they is (are) the ( president or other officer or director or attorney in fact duly appointed ) of the ( name of corporation ), the corporation described in and which executed the above instrument; that he/she/they know(s) the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority of the board of directors of said corporation, and that he/she/they signed his/her/their name(s) thereto by like authority.
_____________________ ( Signature of Notary ) ( Seal of Notary, if any )
(Other required date printed, typewritten or stamped ).
Here is another acceptable form for corporations for documents affecting properties outside of New York.
State of New York )
) ss.:
County of __________ )
On the _________ day of ____________ in the year __________ before me personally came _________, to me known, who, being by me duly sworn, did depose and say that he/she/they reside(s) in _________ ( if the place of residence is in a city, include the street and street number, if any, thereof ) that he/she/they is (are) the ( president or other officer or director or attorney in fact duly appointed ) of the ( name of corporation ), the corporation described in and which executed the above instrument; that he/she/they signed his/her/their name(s) thereto by authority of the board of directors of said corporation._____________________ ( Signature of Notary ) ( Seal of Notary, if any )
(Other required date printed, typewritten or stamped ).
The signatures can be made before the notarization.
The signer is not required to sign the document in the Notary's presence for that notary to acknowledge the signature. The document could have been signed days or years before it is presented to the Notary. However, at the time of the notarization, the signer must appear before the Notary and acknowledge that they have signed the document; the signer must, also, sign the Notary's journal.
Identification for acknowledgments.
There are several ways a Notary can identify a signer for an acknowledged signature:
- By identification documents, such as driver’s licenses and passports.
- Through personal knowledge.
- With the aid of credible witnesses.
More detail for identifying signers can be found in Chapter 8.
Married female signers.
A Notary Public performs Notary acts for married females exactly the same way they would for unmarried females.
Capacities.
The Notary is not required to identify the capacity of the signer in the Acknowledgment certificate. However, the Notary may ask for documentation to prove that the signer does have a particular capacity - being president of a company, for instance, or being an attorney in fact, and so on. Again, New York Acknowledgment certificates do not state the signers capacity, so if you are going to document a signer’s capacity, you must write or type it somewhere in the document or Notary certificate.
Other officers who may take acknowledgments.
City recorders, county clerks, court judges, commissioners of deeds, a mayor, or a surrogate may take Acknowledgments. Other officers - which we will not name here - can execute Acknowledgments in the areas where they perform their official duties.
Certified copies by document custodian.
Whether or not this type of notarization is as acceptable as a Notary-certified document is up to the organization who is requesting the paperwork to be notarized. Certified copies by document custodian is not an official Notary act. It is a type of jurat or sworn oath on the part of the signer / custodian that the document is a true, correct, and complete copy of the original. It is not required by law, but it is recommended that the Notary should inspect the document and compare it with the original to verify its authenticity. It is better if the Notary carries out the actual photocopying; this way the Notary can be absolutely sure that its a real copy. This procedure should not be used for vital records like birth certificates, marriage certificates, death certificates, etc.
Certificate wording.
For this procedure, the signer must swear under oath before the Notary in addition to signing in the presence of the Notary.
State of New York )
) s.s.
County of ______ )
I, _______________ ( name of custodian of original document ), hereby swear ( or affirm ) that the attached reproduction of _____________ ( description of original document ) is a true, correct, and complete photocopy of a document in my possession.
_____________________ ( signature of custodian ) ___________________( address )
Subscribed and sworn to before me this _________ day of _________ ( month ) ________ (year), by ____________ ( name of custodian).
________________________ (Signature of Notary ) ( Seal of Notary, if any ).
(Other required data printed, typewritten or stamped ).
The other seven types of notary acts will not be discussed in the preview.
Questions and Answers
There are also twenty-five questions in chapter seven which are only available if you order the New York eCourse at https://www.123epayment.com
Other courses
We also sell New York CD-Rom courses and New York Notary Law Primers. Please visit
http://www.becomeanotary.us/bannyork.htm for more information.
