Free NYS Notary License Law Questions and Answers 1 — Questions and Answers
Question 1: What is the purpose of a jurat?
- To verify the identity of the person signing a document
- To certify that the person signing a document has sworn an oath (Correct answer)
- To confirm that a document has been notarized
- To provide a record of the notarial act
Correct answer: To certify that the person signing a document has sworn an oath
A jurat is a notarial act where the signer takes an oath or affirmation that the contents of the document are true. The notary public then certifies that the signer personally appeared, took the oath, and signed the document in the notary's presence. This act adds a layer of solemnity and legal weight to the document's contents, ensuring the signer attests to its veracity.
Question 2: What is required for satisfactory evidence of identity for an individual signing a document who appears before an electronic notary public using communication technology, and who is not personally known to the notary public?
- Identity verification, credential analysis, and identity proofing (Correct answer)
- Personal acquaintance with the notary public
- Attestation by two witnesses who know the individual personally
- Attestation by the notary public that the individual is personally known to them
Correct answer: Identity verification, credential analysis, and identity proofing
For electronic notarization, especially when the signer is not personally known, New York State requires robust identity verification methods. This includes identity verification (confirming the person is who they claim to be), credential analysis (examining the signer's government-issued ID for authenticity), and identity proofing (using dynamic knowledge-based authentication or other secure methods). These steps ensure the integrity of the electronic notarial act and prevent fraud.
Question 3: What is the penalty for violating the provisions of §§478, 479, 480, 481, 482, 483, or 484?
- A fine
- Revocation of notary commission
- Imprisonment
- Misdemeanor charge (Correct answer)
Correct answer: Misdemeanor charge
Violating specific provisions of the New York Executive Law related to Notaries Public (e.g., §§478-484) can result in a misdemeanor charge. These sections cover various aspects of notary conduct, including acting as a notary without a commission, making false certificates, or charging excessive fees. A misdemeanor is a criminal offense, indicating the seriousness of these violations and the importance of adhering to notary laws.
Question 4: A notary public is asked to take an acknowledgment over the phone. What should the notary do?
- Refuse to take the acknowledgment over the phone. (Correct answer)
- Take the acknowledgment over the phone.
- Ask the person to send a written request.
- Consult with a legal professional before proceeding.
Correct answer: Refuse to take the acknowledgment over the phone.
A fundamental principle of notarization, including taking an acknowledgment, is that the signer must personally appear before the notary public. This allows the notary to verify the signer's identity and witness their signature (or acknowledgment of signature). Taking an acknowledgment over the phone violates this personal appearance requirement and is strictly prohibited to maintain the integrity of the notarial act.
Question 5: A notary public is asked to certify a copy of a public record. What should the notary do?
- Ask the person to send a written request.
- Certify the copy.
- Refuse to certify the copy. (Correct answer)
- Consult with a legal professional before proceeding.
Correct answer: Refuse to certify the copy.
In New York State, Notaries Public are generally prohibited from certifying copies of documents as 'true copies.' This is because a notary's role is to attest to the authenticity of signatures and oaths, not the authenticity or accuracy of a document's content or its status as a true copy of an original. Certifying copies is typically a function reserved for the custodian of the original record or a court.
Free NYS Notary License Law Questions and Answers 1
What is the purpose of a jurat?