Practice Exam 1
You may take this 40-question practice exam as often as you wish. Please note the questions as well as the choices are shuffled each time.
1. Which Penal Law section addresses official misconduct?
§70.15
§195.00
§170.10
§484
2. According to the Introduction, what is the non-refundable application fee for a Notary Public commission in New York State?
$75
$40
$60
$50
3. Where must an out-of-state non-attorney with a business in New York file their oath of office and signature?
At any NYS courthouse
In their home state
In the county clerk’s office where the NY business is located
At the Secretary of State in Albany
4. Which phrase represents the simplest lawful form of administering an oath?
Do you promise to tell the truth?
Please verify these documents.
I swear this is correct.
Do you solemnly swear that the contents of this affidavit subscribed by you is correct and true?
5. Drawing legal papers such as deeds, wills, or mortgages is:
Prohibited for non-attorney Notaries Public
Required for real estate notarizations
Permitted if the document is simple
Allowed with a supplemental license
6. Advertising powers or rights not granted by law is considered:
Allowed with attorney oversight
A minor infraction
Permissible if in a foreign language
Unacceptable professional conduct
7. A Notary Public's commission record and signature are maintained by which local official?
The Town Supervisor
The County Clerk
The District Attorney
The Mayor
8. Which document type is specifically noted in Professional Conduct as carrying risk when improperly notarized by non-attorneys?
Deeds
Leases
Affidavits
Wills
9. Which Real Property Law section covers acknowledgments and proofs within the state?
§290
§298
§309-a
§333
10. The application fee submitted to the Secretary of State is:
Prorated based on exam score
Waived for first-time applicants
Refundable upon denial
Non-refundable
11. Under Executive Law §132, what fee does the Secretary of State charge for issuing a certificate of official character?
$1
$2
$5
$10
12. What is the standard term length for a Notary Public commission in New York State?
5 years
3 years
4 years
2 years
13. Taking acknowledgments or affidavits over the telephone without personal appearance is considered:
A minor administrative oversight
Allowed for electronic records only
Permissible with written consent
Illegal and serious professional misconduct
14. Under Executive Law §130, what happens if a resident Notary moves out of New York but maintains an office in the State?
Their commission is automatically revoked
They do not vacate their office as a Notary Public
They must immediately resign
They must reapply within 30 days
15. Which law section governs the appointment of Notaries Public?
Executive Law §129
Executive Law §130
Public Officers Law §3
Real Property Law §290
16. When is county clerk authentication of a Notary’s signature normally obtained?
For all routine document notarizations
Upon initial commissioning
Only for real estate transactions
When documents will be used outside the State
17. What fee does a county clerk collect for filing a certificate of official character?
$3
$10
$1
$5
18. Under Executive Law §130, what must the Secretary of State verify before issuing a commission (unless exempt)?
Proof of bank accounts
A background check from the FBI
Good moral character, common school education equivalent, and familiarity with duties
Membership in a notary association
19. Under County Law, which section designates county staff to notarize documents free of charge?
County Law §534
County Law §550
County Law §510
County Law §500
20. A nonresident Notary who ceases to have an office or place of business in New York:
Retains their commission indefinitely
Vacates their office as a Notary Public
Automatically becomes a Commissioner of Deeds
Must transfer to another state
21. What is legally equivalent to an oath for individuals who conscientiously decline one?
A personal guarantee
A notarized letter
A sworn deposition
An affirmation
22. Which official authority commissions Notaries Public in New York State?
The Secretary of State
The Chief Judge
The Governor
The County Clerk
23. Why are Notaries Public cautioned against executing acknowledgments for wills?
It violates federal estate law
Wills require a higher filing fee
The Secretary of State does not track will notarizations
It cannot be deemed equivalent to an attestation clause accompanying a will
24. Where may the public access and verify the official signature of a commissioned Notary Public?
At the local city hall
At the county clerk’s office
At the Secretary of State headquarters
Online via a state portal
25. Dividing notarial fees with an attorney or accepting part of a lawyer's fee is:
Regulated by the Bar Association
Permitted if documented
Prohibited under professional conduct rules
Allowed for corporate clients
26. Referring legal business to an attorney in exchange for money or consideration is:
Allowed if disclosed to the client
Expressly prohibited and subject to removal
Permitted under Executive Law §135
A standard networking practice
27. Who may certify the official character of a Notary Public?
Only the Governor
The local sheriff
The Secretary of State or the county clerk where the commission is filed
Any practicing attorney
28. By when must the Secretary of State transmit the commission and oath to the county clerk?
By the 10th day of the following month
Within 3 business days
On the first Monday of the next quarter
Immediately upon signing
29. A non-attorney Notary Public may not engage in which of the following activities?
Taking acknowledgments
Giving advice on the law
Administering oaths
Certifying copies of personal documents
30. What must a nonresident appointee do regarding service of process?
File with the home state court
Waive all service requirements
Hire a private process server
Appoint the Secretary of State as the person upon whom process can be served
31. When may the Secretary of State waive qualifying requirements for reappointment due to military service?
Within 1 year after discharge under conditions other than dishonorable
Immediately upon enlistment
Waivers are never granted
Only after 5 years of service
32. What is the fee for changing a Notary Public's name or address?
$5
$20
$10
$15
33. When may education requirements be waived for reappointment?
Upon first application
Never
Only for veterans
When applying before term expiration or within 6 months thereafter
34. Which law section outlines the procedure for appointment, fees, and commissions?
County Law §534
Judiciary Law §484
Penal Law §195.00
Executive Law §131
35. What is the fee charged by a county clerk to certify a notarial signature under seal?
$1
$5
$3
$2
36. What is the primary purpose of a County Clerk authenticating a Notary's signature?
To collect additional state taxes
To replace the original notary seal
To update federal databases
To verify authority when documents leave New York State jurisdiction
37. Which category of applicants is exempt from taking the Notary Public examination?
Real estate agents
Attorneys admitted to practice in NYS
Out-of-state residents
Military veterans
38. How are out-of-state attorneys who maintain a law office in New York classified for residency purposes?
Non-residents
Exempt from residency requirements
Residents of their home state
Residents of the county where the NY office is maintained
39. What portion of the $60 application fee is transmitted to the county clerk?
$10
$30
$20
$40
40. What is the cost to obtain a duplicate Notary Public identification card?
$5
Free
$10
$20