NYS Notarial Acts and Procedures 2 — Questions and Answers
Question 1: When taking an acknowledgment, a New York notary must confirm that the signer:
- Is a U.S. citizen
- Personally appeared and acknowledged executing the document freely (Correct answer)
- Has two witnesses present
- Signed the document in the notary's office only
Correct answer: Personally appeared and acknowledged executing the document freely
An acknowledgment requires the signer to personally appear and acknowledge that they executed the document of their own free will.
In a New York acknowledgment, the notary must confirm that the signer personally appeared before the notary and acknowledged that they executed the document as a free and voluntary act. The notary does not witness the actual signing — the signer is confirming a prior signing.
Question 2: A jurat in New York requires the notary to:
- Verify the signer's identity and witness the signing under oath (Correct answer)
- Only verify the signer's identity without an oath
- Certify the document is a true copy
- Confirm the document was notarized in another state
Correct answer: Verify the signer's identity and witness the signing under oath
A jurat requires the notary to administer an oath and witness the signer's signature.
A jurat (also called a 'sworn statement' or 'affidavit') requires the notary to administer an oath or affirmation to the signer and witness the signer physically sign the document in the notary's presence. This is different from an acknowledgment where the signer need not sign before the notary.
Question 3: Which type of notarial act is used to certify that a copy of a document is a true reproduction of the original?
- Acknowledgment
- Jurat
- Copy certification (Correct answer)
- Signature witnessing
Correct answer: Copy certification
Copy certification certifies that a copy is a true and accurate reproduction of the original document.
Copy certification (or certified copy) is a notarial act where the notary compares a copy against the original document and certifies that the copy is a true, accurate, and complete reproduction. Not all states allow notaries to certify copies; New York permits this for certain documents.
Question 4: A notary public in New York administering an oath must:
- Record the oath verbatim in a journal
- Require the oath-taker to raise their right hand
- Ensure the person understands they are swearing under penalty of perjury (Correct answer)
- Obtain two witnesses to the oath
Correct answer: Ensure the person understands they are swearing under penalty of perjury
The key requirement is that the person understands they are swearing under penalty of perjury.
When administering an oath, the notary must ensure the oath-taker understands they are making a solemn sworn statement subject to penalties for perjury if false. While raising the right hand is customary, it is not legally required. The legal obligation created by the oath is the essential element.
Question 5: If a document signer does not speak English, a New York notary should:
- Refuse to notarize because communication is impossible
- Use an interpreter to ensure the signer understands the document and act (Correct answer)
- Proceed normally as language is not a notarial concern
- Require the signer to learn English before notarization
Correct answer: Use an interpreter to ensure the signer understands the document and act
A notary may use a qualified interpreter to ensure the signer understands what they are signing.
While a notary is not required to understand the language of the document, the notary must be able to communicate with the signer to complete the notarial act. Using a qualified interpreter allows the notary to administer oaths and acknowledgments to non-English speakers. The notary must still confirm identity and obtain proper acknowledgment.
Question 6: What must a notary public always include in the notarial certificate?
- Their home address
- The venue (state and county) (Correct answer)
- Their Social Security number
- A list of all documents reviewed
Correct answer: The venue (state and county)
The venue — identifying the state and county where the notarization took place — is required in every notarial certificate.
Every notarial certificate must include the venue, which states the jurisdiction (state and county) where the notarization was performed. The venue is written as 'State of New York, County of ___.' This ensures the certificate is legally recognizable and that it is clear under which state's laws the act was performed.
NYS Notarial Acts and Procedures 2
When taking an acknowledgment, a New York notary must confirm that the signer: