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