Notaries public are commissioned by _____________ - ✔✔The Secretary of State A/An _________ may be appointed a notary public without an examination - ✔✔an *attorney* admitted to practice in New York State (bonus point: also exempt are officially appointed *Court Clerks* in the NY State court system) True/False: Non-residents of New York state who have offices or places of business in the state may also become notaries. - ✔✔True. An office or place of business is sufficient. *Notary Public* (The full definition, as laid out in NY state law.) - ✔✔A *public officer who executes acknowledgements of deeds or writings* in order to render them available as evidence of the facts therein contained; administers oaths and affirmation as to the truth of statements contained in papers or documents requiring the administration of an oath. *Laches* - ✔✔The delay or negligence in asserting one's legal rights. The (1)_________ and (2)__________ of the notary must be filed in the office of the county clerk of the county where the notary is located, or has office or place of business - ✔✔1) *oath of office*, 2) *signature* *Affiant* - ✔✔The person who makes and subscribes their signature to an affidavit. (Hint: the term 'affiant' may be used interchangeably with the word *deponent*... remember this.) *Extra credit*, from NY State Law. Fill in the blank: "Use of the office of notary in other than the ___________ procedure required is viewed as a serious offense." - ✔✔*"specific, step-by-step"* True/False: A notary public is allowed to administer an oath to herself or himself under certain circumstances (by a requesting judge in a civil trial, or at the request of the Secretary of State) - ✔✔False. A notary public can never administer an oath to themselves. True/False: A jurat is not the affidavit. - ✔✔True. The jurat is the specific part of the document where the notary public certifies that the document was sworn to before her or him in person. The key words here are: *sworn* and *in person.* *Guardian* - ✔✔A person in charge of a minor's person or property. Bonus: (From NYS Notary License Law) "Equally unacceptable to the Secretary of State is the __________ administration of oaths." - ✔✔*"slipshod"* The simplest form in which an oath may be administered: "________________________?" - ✔✔"Do you solemnly swear that the contents of this affidavit subscribed by you is correct and true?" A/An ______________ may be used for persons who conscientiously decline taking an oath. - ✔✔An *affirmation* *Escrow* - ✔✔The placing of an instrument in the hands of a person as a depository who on the happening of a designated event, is to deliver the instrument to a third person. This agreement, once established, should be unalterable. (Often an *attorney*, but not always) As best you can, name the activities (involving the practice of law) that are prohibited by a notary public. May not _______ May not ______ etc. (How many are listed?) - ✔✔Four things listed: 1. May not *give advice* on the law 2. May not ask for and get *legal business* to send to a lawyer 3. May not divide or agree to *divide their fees* with a lawyer 4. May not advertise or circulate in any manner that they have powers or rights *not granted by law* What document is a notary never to acknowledge? - ✔✔A will What is *New York County* also known as? - ✔✔Manhattan. True/False: The Secretary of State must have notaries commissioned in every county, and no more notaries per county than are residents of that county. - ✔✔False. Unlimited number. There is no restriction to the number of notaries the Secretary of State can appoint. How long is the term of a notary public? - ✔✔4 years True/False: A notary public for New York must have their primary residence in New York - ✔✔False. An office or place of business is enough. Many people live in NJ or CT and commute to work in Manhattan, for example. They still qualify because their *workplace* is in NY state. True/False: A notary public must be a United States citizen, or an illegal alien with court appointed guardian. - ✔✔False. No illegal aliens. What is *Kings County* also known as? - ✔✔Brooklyn. 1) What are the qualifying requirements for notary public applicant by the Secretary of State? 2) How many requirements are there? Must have ______ Must be _____ Have ________ etc ... - ✔✔There are 3 qualifying requirements. 1: applicant must have good moral character 2: *common school* education (or equivalent) 3. must be familiar with duties and responsibilities of a NP