NYS NYS Notary Oaths and Affirmations 2 — Questions and Answers
Question 1: In New York, which document typically requires an oath administered by a notary?
- A deed transferring real property
- An affidavit submitted in a court proceeding (Correct answer)
- A lease agreement
- A bill of sale for a vehicle
Correct answer: An affidavit submitted in a court proceeding
Affidavits used in court proceedings require an oath or affirmation administered before an authorized officer such as a notary.
Question 2: What phrase is commonly spoken by a New York notary when administering an oath?
- 'Do you promise to tell the truth?'
- 'Do you solemnly swear or affirm that the contents of this document are true to the best of your knowledge?' (Correct answer)
- 'I hereby certify this document is accurate.'
- 'This document has been reviewed and approved.'
Correct answer: 'Do you solemnly swear or affirm that the contents of this document are true to the best of your knowledge?'
The standard oath formula asks the affiant to solemnly swear or affirm that the contents are true to the best of their knowledge.
Question 3: A person who willfully makes a false statement under oath administered by a New York notary may be charged with:
- Notary fraud
- Perjury (Correct answer)
- Civil contempt only
- Breach of contract
Correct answer: Perjury
Making a false statement under oath is perjury under New York Penal Law, regardless of where the oath was administered.
Question 4: Can a New York notary administer an oath over the telephone?
- Yes, for any document
- No, the notary and signer must be in the same physical location unless using approved remote notarization (Correct answer)
- Yes, but only for affidavits under $500 in value
- Yes, if the notary records the call
Correct answer: No, the notary and signer must be in the same physical location unless using approved remote notarization
Traditional notarial oaths require the notary and affiant to be in each other's presence, with remote notarization being the only approved exception.
Question 5: What must a New York notary do if a person refuses to be sworn but wants to make a statement?
- The notary must swear the person in by force of law
- The notary may offer an affirmation, and if refused, cannot certify the document as a sworn statement (Correct answer)
- The notary can sign the document on the person's behalf
- The notary should contact the county clerk for guidance
Correct answer: The notary may offer an affirmation, and if refused, cannot certify the document as a sworn statement
If neither an oath nor an affirmation is accepted, the notary cannot certify the document as a sworn statement.
Question 6: Under New York Executive Law, what is required for a notary to charge for administering an oath?
- The fee must be approved by the county clerk each year
- Fees are set by statute and the notary may charge up to the statutory limit per oath (Correct answer)
- Oaths must always be free of charge
- The notary must post a bond before charging for oaths
Correct answer: Fees are set by statute and the notary may charge up to the statutory limit per oath
New York law sets statutory maximum fees; notaries may charge up to those amounts per oath administered.
NYS NYS Notary Oaths and Affirmations 2
In New York, which document typically requires an oath administered by a notary?