NYS Powers and Duties 2 — Questions and Answers
Question 1: New York Executive Law §135 grants notaries public the power to:
- Practice law in limited circumstances
- Administer oaths and affirmations, take affidavits, and take acknowledgments (Correct answer)
- Issue subpoenas for court proceedings
- Record documents in the county clerk's office on behalf of clients
Correct answer: Administer oaths and affirmations, take affidavits, and take acknowledgments
Executive Law §135 authorizes notaries to administer oaths, take affidavits and depositions, and take acknowledgments.
New York Executive Law §135 specifies the powers of notaries public: to administer oaths and affirmations, take affidavits and depositions, receive and certify acknowledgments or proof of deeds, mortgages, powers of attorney, and other instruments in writing, and demand acceptance and payment of foreign and inland bills of exchange. These are the officially enumerated powers of a New York notary.
Question 2: A New York notary public taking the proof of a deed by a subscribing witness must:
- Have the grantor present in addition to the witness
- Examine the subscribing witness under oath about the execution of the deed (Correct answer)
- Require a second subscribing witness as corroboration
- File the proof with the Supreme Court within 30 days
Correct answer: Examine the subscribing witness under oath about the execution of the deed
When taking proof by a subscribing witness, the notary must examine the witness under oath about how the deed was executed.
When the grantor of a deed is unavailable, proof of execution can be established through a subscribing witness — a person who witnessed the grantor sign. The notary must administer an oath to the subscribing witness and examine them about the circumstances under which they witnessed the execution. This sworn proof of execution serves as an alternative to the grantor's own acknowledgment.
Question 3: A New York notary's authority to take depositions means:
- The notary may take testimony under oath and certify the transcript (Correct answer)
- The notary may compel witnesses to appear
- The notary may conduct discovery in civil cases without court supervision
- The notary may issue subpoenas as part of the deposition process
Correct answer: The notary may take testimony under oath and certify the transcript
A notary may take testimony under oath in a deposition and certify the transcript, but cannot compel witnesses or issue subpoenas.
New York notaries are authorized to administer oaths to deponents and certify deposition transcripts. However, notaries do not have subpoena power and cannot compel witnesses to appear. The scheduling of depositions and compelling witness attendance are handled through the court system. The notary's role in a deposition is purely administrative — administering the oath and certifying the proceeding.
Question 4: When a New York notary certifies an acknowledgment on a corporate document, the notary is certifying that:
- The corporation has proper legal authority to execute the document
- The person who signed appeared, stated their authority, and acknowledged the execution (Correct answer)
- The document was filed with the Department of State
- The corporate officer was authorized by the board of directors
Correct answer: The person who signed appeared, stated their authority, and acknowledged the execution
The notary certifies that the signing officer personally appeared, identified their corporate role, and acknowledged executing the document on behalf of the corporation.
When notarizing a corporate acknowledgment, the notary certifies that a person claiming to be an authorized officer of the corporation personally appeared, stated the capacity in which they were signing, and acknowledged executing the document on behalf of the corporation. The notary is NOT certifying that the corporation has legal authority to do what the document says or that the officer was properly authorized by the board — those are legal questions beyond the notary's scope.
Question 5: A New York notary must refuse to perform a notarial act when:
- The signer is elderly or appears frail
- The signer is visually impaired
- The signer is unable to communicate or appear to understand the nature of the act (Correct answer)
- The document was not typed on official stationery
Correct answer: The signer is unable to communicate or appear to understand the nature of the act
A notary must refuse if the signer cannot communicate or appears not to understand what they are signing.
A notary must have confidence that the signer is mentally competent and able to understand the nature of the document and the notarial act being performed. If the signer is incapacitated, appears to be under duress, or cannot communicate intelligibly, the notary must refuse to proceed. Age, physical disability, or visual impairment alone do not disqualify a signer — the notary must assess actual capacity and willingness.
Question 6: The duty to 'demand acceptance and payment' of bills of exchange is which type of notarial function?
- An acknowledgment function
- A commercial paper function related to protests (Correct answer)
- A deposition-related function
- A real property recording function
Correct answer: A commercial paper function related to protests
Demanding acceptance and payment of bills of exchange is part of the commercial paper protest function.
New York Executive Law §135 grants notaries the power to 'demand acceptance and payment of foreign and inland bills of exchange, or promissory notes, and protest the same for non-acceptance or non-payment.' This commercial paper function involves the notary formally presenting a bill or note for acceptance/payment and, if dishonored, certifying that dishonor through a formal protest. While historically important for trade, this function is rarely used today.
NYS Powers and Duties 2
New York Executive Law §135 grants notaries public the power to: