NYS Powers and Duties 2

Question 1

New York Executive Law §135 grants notaries public the power to:

Accepted Answer

Administer oaths and affirmations, take affidavits, and take acknowledgments

Answer

Practice law in limited circumstances

Answer

Issue subpoenas for court proceedings

Answer

Record documents in the county clerk's office on behalf of clients

Question 2

A New York notary public taking the proof of a deed by a subscribing witness must:

Accepted Answer

Examine the subscribing witness under oath about the execution of the deed

Answer

Have the grantor present in addition to the witness

Answer

Require a second subscribing witness as corroboration

Answer

File the proof with the Supreme Court within 30 days

Question 3

A New York notary's authority to take depositions means:

Accepted Answer

The notary may take testimony under oath and certify the transcript

Answer

The notary may compel witnesses to appear

Answer

The notary may conduct discovery in civil cases without court supervision

Answer

The notary may issue subpoenas as part of the deposition process

Question 4

When a New York notary certifies an acknowledgment on a corporate document, the notary is certifying that:

Accepted Answer

The person who signed appeared, stated their authority, and acknowledged the execution

Answer

The corporation has proper legal authority to execute the document

Answer

The document was filed with the Department of State

Answer

The corporate officer was authorized by the board of directors

Question 5

A New York notary must refuse to perform a notarial act when:

Accepted Answer

The signer is unable to communicate or appear to understand the nature of the act

Answer

The signer is elderly or appears frail

Answer

The signer is visually impaired

Answer

The document was not typed on official stationery

Question 6

The duty to 'demand acceptance and payment' of bills of exchange is which type of notarial function?

Accepted Answer

A commercial paper function related to protests

Answer

An acknowledgment function

Answer

A deposition-related function

Answer

A real property recording function