NYS Venue and Jurisdiction 2 — Questions and Answers
Question 1: A notarial certificate reads 'State of New York, County of Kings.' What does this venue statement indicate?
- The notary public is registered in Kings County
- The notarial act physically took place in Kings County (Correct answer)
- The document will be filed or recorded in Kings County
- The signer resides in Kings County
Correct answer: The notarial act physically took place in Kings County
The venue identifies where the notarial act was physically performed, not where the notary is registered, where the document will be filed, or where the signer lives.
Question 2: A NYS notary registered in Westchester County performs a notarization while in Bronx County. What county should appear in the venue?
- Westchester County, where the notary is registered
- Bronx County, where the notarization actually occurred (Correct answer)
- Either county, at the notary's discretion
- New York County, as the default metropolitan venue
Correct answer: Bronx County, where the notarization actually occurred
The venue must accurately state the county where the notarial act was physically performed; since the act occurred in Bronx County, that is the proper venue.
Question 3: Which person may hold a NYS notary commission even though they are not a New York State resident?
- Any US citizen who is employed full-time at a New York company
- An attorney admitted to practice law in New York who maintains a New York law office (Correct answer)
- A federal employee assigned to a federal facility located in New York
- Any person who owns real property in New York State
Correct answer: An attorney admitted to practice law in New York who maintains a New York law office
NYS Executive Law specifically exempts attorneys admitted to the NY bar who maintain a NY law office from the residency requirement for notary appointments.
Question 4: What is the legal consequence of a NYS notary performing a notarial act while physically located outside New York State?
- The act is voidable but can be ratified by the signer afterward
- The act is void and has no legal effect as a notarization (Correct answer)
- The notary is subject to a civil fine of $50 per unauthorized act
- The act is valid but must be reported to the Secretary of State within 30 days
Correct answer: The act is void and has no legal effect as a notarization
A notarial act performed outside the notary's authorized jurisdiction is void and without legal effect, as the notary lacked authority to act there.
Question 5: For purposes of performing notarial acts, which statement correctly describes the territorial scope of a NYS notary commission?
- The specific county listed on the notary's certificate of appointment
- The entire State of New York, encompassing all 62 counties (Correct answer)
- New York City and counties within 50 miles of New York City
- The county of the notary's employer's principal place of business
Correct answer: The entire State of New York, encompassing all 62 counties
A NYS notary commission grants authority to perform notarial acts throughout all 62 counties of New York State, as the appointment is made at the state level.
Question 6: In which counties within New York may a NYS notary public administer oaths and take depositions?
- Only in the county where they are registered
- Only in counties where they have filed a certificate of qualification
- In any county within New York State (Correct answer)
- Only in the five boroughs of New York City
Correct answer: In any county within New York State
A NYS notary's authority to administer oaths and take depositions is statewide, extending to any of the 62 counties of New York, not limited to their home county.
Question 7: A signer requests that a NYS notary travel to a county different from the notary's registered county to perform a notarization. The notary should:
- Refuse unless specially authorized for notarizations in that county
- Comply, as their authority covers all of New York State (Correct answer)
- Obtain a temporary permit from the destination county clerk first
- Agree only if the destination county is contiguous to their home county
Correct answer: Comply, as their authority covers all of New York State
A NYS notary may travel to and perform notarial acts in any county within New York State; there are no county-specific restrictions on their statewide authority.
NYS Venue and Jurisdiction 2
A notarial certificate reads 'State of New York, County of Kings.' What does this venue statement indicate?