This article contains a very good notary stamp tip. Let’s say you just received your “passed slip” in the mail from the New York Secretary of State. That means you are now commissioned as a New York Notary. Purchasing a notary stamp is critical for anyone commissioned as notaries public. The notary stamp is sometimes called a notary seal or embosser. It is an indispensable tool used to authenticate documents. It imprints the notary publics official seal onto them.
So, the next step is to purchase a notary stamp. This is the stamp you will use to complete notarial service on the documents you notarize. There are many other options at your disposal for purchasing your stamp. They range from office supply stores and online retailers. There are also companies specifically in business to supply notaries public. Many local printing shops can even help you. You should consider convenience, cost, and the repute of the business before choosing where to get your stamp. Regardless of where you purchase it, it’s important to make sure that the notary stamp meets all legal considerations and specifications required by the state that has commissioned you.
As we stated, there are many places where you can order your stamp. Most Office Depot stores can help you. We recommend Office Depot because they are conveniently located to the residence of most notaries. In addition, there are numerous places online who specialize in providing this service. One of our favorites is notarystamp.com. They offer a wide variety of styles at a fair price.
So, Here Is The Tip
Here is our best tip when ordering your stamp. Leave your commission expiration date blank. In New York, your notary commission expires every four years. So, by leaving this line blank on your stamp, you avoid having to buy a new stamp every four years. Instead, you will only need to purchase a new stamp when the ink runs out.
We feel this is a great tip for anyone who wishes to become a notary in New York. And, if you do wish to train to pass the New York notary exam, visit our home page and find out how we can help you prepare to do so.
Here are a few more New York Notary Exam questions. These are in addition to our previous blog article that also reflects the types of New York notary test questions potentially asked. Now, we don’t know what you will be specifically on your test. But, we do know what the State is looking for, in terms of your knowledge. As stated in our previous blog, all the test questions derive from the New York State Notary License law. If you want to download a copy of the law, visit the New York State’s website. Once there, scroll down to the link – Laws, Rules and Regulations. You will find a downloadable file in PDF format. Anyway, Check out the questions below.
New York Notary Exam Sample Questions
When does a notary’s commission expire?
A) Two Years
B) Four Years
C) Six Years
D) Never
The answer is: B – Four Years
Who maintains a record of a notary’s signature, which is made available to the public?
1. The Secretary of State
2. The Town Clerk
3. The County Clerk
4. Nobody
The Answer is: C – The County Clerk
Can a County Sheriff in New York be a Notary?
The Answer is: No
If convicted of a criminal offense, can you still become a notary. Yes or No.
But, only with a pardon from a parole board.
What is the fee for obtaining one’s notary license?
The current fee is $60.
The Secretary of State in New York is not allowed to appoint more than 1000 notaries in a year. True or False.
This is False. He or she can appoint any number of notaries they wish to appoint.
An attorney in New York is still required to take the Notary exam. True or False.
This is False.
Who issues a Notary Public’s commission?
The answer is: The Secretary of State in New York
When a New York Notary Public certifies a document, that document’s accuracy is now guaranteed. True of False.
The answer is False. A notary does not guarantee the accuracy of a statement that exist in the document.
What is the term used to describe a person who receives service from a notary public?
The answer is: Constituent.
The exam will have 40 questions. The questions give you an idea of what the state may look for. We can help you prepare more thoroughly in our training course. Should you desire to become a New York Notary, we can prepare you for the exam. Feel free to read our blog on How Difficult the New York Notary Exam is.
People often ask us, “How difficult is the New York Notary Exam.” Well, that depends on the individual, and how much they study. The New York Notary Exam is a rather difficult test to pass. It covers a wide range of subjects connected to the performance of a New York State Commissioned Notary. Additionally, the examination itself contains 40 questions. These questions are multiple-choice. The entire exam must be completed within a two hour period. You may find it easier to take an exam preparation course. Feel free to read our article on Picking Your Notary Training Course.
Exam Format
The test is divided into four sections:
Business Law
Notarial Laws and Procedures
A generalization of Notarial Knowledge
Computer Proficiency.
Computer proficiency is relatively new. But, with the advent of New York State allowing Remote Notarization, it becomes obvious that a notary would need some basic computer knowledge to notarize remotely.
Each section has questions. Altogether, the questions in each section intend to determine the applicant’s knowledge relative to the New York Notary Law. The objective is to make sure the applicant has the capacity to complete a given notarial act properly.
Successfully completing the exam demands a thorough understanding of the NY notary law. Furthermore, the applicant must be able to apply the law acceptably and efficiently. For this reason, many candidates fee that the test is difficult and challenging.
Additionally, all applicants must complete and pass a criminal background check to make sure they are of high moral character. Finally, yes the New York Notary Exam is a difficult test to pass, but with proper study and commitment, you can become a notary in New York. Our New York Notary test preparation course can expedite the process for you. Or, you can visit the New York Department of State and study on your own.
You can also read one of our blogs that has a few sample test questions. To do that, click here: Notary Sample Questions.
You might provide notarial services solely in the workplace. Additionally, you may provide service outside the workplace. But, there must be an understood relationship between the notary and the employer. As a notary, one must act in accordance with the laws of the State. At times, an employer may request you to perform in inappropriate notarization. If you aspire to become a notary public in New York, or in any state, keep reading.
Let’s remember that the notary is subject to liability. This is why there must be a clear understanding between the notary the employer that we will not circumvent the laws that govern our commission. When you perform notarial service for your employer, both the employer and, you are subject to liability. Bear in mind, your notarial duties are dictated by the State, and not the employer. Thus, you may wish to read our article called, “The Notary as an Employee.”
What your Employer Must Understand
Our employer must understand what we can and cannot do as notaries. So, if our boss asks us to notarize a document for his or her offspring, as a favor, we cannot do it. Not unless the individual appears before us. This can present a contentious situation between you and your boss. But, if we create an understanding at the outset of our employment, we can minimize this type of situation.
Since we may be an employee, it becomes imperative for the company to understand that we are subject to the regulations of the law that governs us. Yes, the employer is in control of our employment, but they are not in control of our performance regarding notarization. The notary and the employer need to have a mutual understanding.
When everyone understands that accountability falls on both the notary and the employer, potential problems are then eliminated. The term “Best Practices” is just that, the best practice. A good Book to read on notary accountability is: Professor’s Closen’s Notary Best Practices Expert’s Guide to Notarization of Documents.
Okay. You want to become a notary public. So, when choosing a notary training course, there are certain criteria you should be aware of. Basically, It is important that you choose a provider that will present a program that will make sure you are fully prepared to pass the exam. Accordingly, Let’s look at some of the important things you should look for when choosing a training program.
Important aspects of selecting a notary training program
Make sure the exam is specific to your State. Every State has various nuances to its notary laws. So, it is imperative that your training provide a course that is designed specifically for your State.
Regardless of the State you live in, we recommend that you take your exam on a date that is relatively close to the date you complete the course. This is because all that knowledge you gained will be fresh in your mind.
You need to decide if you prefer a live classroom course, or an online course. Undoubtedly, each has its benefits and drawbacks. In a classroom course, you can have live interaction with the instructor. The drawback is, these courses are completed in a day or two, meaning that you have to cram information in a shorter period. An online class gives you the flexibility of convenience in that you take bits and pieces of the course over time. This allows better retention of information. The drawback is that not being in a live environment, the luxury of interaction is lost.
In either type of class, you want to be sure you are provided a workbook, or class manual. This way, you can easily refer back to it to refresh previous topics you learned.
We offer online training for those wishing to become a notary public in New York State. Feel free to evaluate our program. You can visit us at our main page.
You can learn more about notary requirements in New York by visiting ny.gov
In New York State, a notary public needs a license to practice. The license is valid for four years. After that time, a notary license renewal is required. Notary license renewal in New York is done by the County Clerk in the county of your residence.
Notary License Renewal Procedures
When the four-year license term is reached, a letter is sent to the notary informing him or her of the impending expiration of their license. You will be sent a renewal form. This form requires your physical address (not a post office box). If your address changes, you should inform the State License office in Albany. There will be a $20.00 charge to adjust your records.
The renewal form requires your full signature and oath of office. Bear in mind that your signature and oath must be taken before a notary public, other than yourself.
Once your renewal application is completed and your oath of office and signature are notarized. You will send it to your County Clerk’s office. You will need to enclose a payment of $60.00. This payment should be made to the County Clerk of your county of residence.
Your new identification may take a few months to arrive. As is typical with government agencies, things don’t always move quickly.
If you do not renew your notary commission, then later decide to renew, you will have to take another test. Any renewal received later than six months after its expiration date will not be processed.
If you wish to know more about Notary license renewal in New York, or more specifically, Erie County, visit the Erie County Clerk’s website. In addition to this article, we have several blog items at https://www.notarynewyork.org/our-blog. Our articles are not only directed to existing notaries, but also to anyone who desires to become a notary in New York State. You are welcome to visit us to learn more.
Notaries can indeed refuse service. However, a notary should NOT refuse service to perform a lawful notarial act. What if the document violates your personal beliefs? Still, you should not refuse service. Look, you are not endorsing the contents of the document. You are verifying the identity of the signer. Thus, you are simply a third party witness. So, let’s assume you are against same-sex marriages. You are presented with a document where the content relates to this issue. You should not refuse service. The contents of the document are not within your purview. It might be a good time to read our article about Dangerous Questions Presented to a Notary in New York. Again, you are only a third-party witness who verifies the identity of the signer. There are only a handful of instances where notaries can refuse service because of the document’s contents. If a client needs to authenticate a foreign birth certificate, for example, you may need to refer them to an Apostille.
You may wish to check-out some of our other articles from our blog posts. We discuss several topics relating to notarial service.
When to Refuse Service
There are numerous situations where a notary should refuse service. For instance
The signer does not understand the contents of the document, or appears confused.
You cannot properly identify the signer
The signer is not physically present
You believer that the signer is not signing of their own free will. Perhaps they are coerced.
The document contains black spaces
The signer is your family member
The document does not contain a notarial certificate, and the signer cannot instruct the Notary which type of notarial certificate is required
The client wants a certified copy of a public record
As a notary you must remember that you are a public official. As such, your personal feelings cannot come into play. So, you must fulfil your obligation as a public official unless any of the items outlined above become a factor. That National Notary Association has a more in-depth article on this subject.
If you want to become a Notary Public in New York, you can enroll in our NY Notary Exam training.
Yes. To answer the question, “Does a New York notary have liability?” A notary risks liability for misconduct. If a notary exhibits faulty performance, he or she risks liability. Their primary responsibility is to verify the identity of signatories, witness the signing of documents, and administer oaths. Despite their seemingly straightforward duties, notaries can face significant liability if they fail to perform their tasks correctly. Understanding notary liability is essential for notaries to mitigate risks and perform their duties with due diligence
Nature of Notary Liability
Notary liability refers to the legal responsibility that a notary public holds for errors, omissions, or misconduct in the performance of their duties. When a notary makes a mistake or engages in wrongful conduct, they can be held accountable through civil lawsuits or other legal actions. The nature of this liability can vary depending on the jurisdiction and specific circumstances of the case.
Let’s say you notarized a document without the signer present. Or, you fail to verify the identity of the signer. You could also make yourself liable because you failed to execute proper notarial procedures. Another area that puts you in the cross-hairs is: You know that a document contains a false statement. Yet, you continue to notarize the instrument anyway. Understand that official misconduct carriers both civil and criminal liability. You may want to read our article on Notary Discipline.
So what if a notary makes a simple mistake? You may be liable for any damages your mistake causes. If you notarize a high volume of documents, it is wise to get Errors and Omissions Insurance. We will address this insurance in our next blog.
Errors and Omissions: A notary can be held liable if they make errors or omissions in notarizing documents. For example, if a notary fails to correctly verify the identity of a signatory or makes an error in the notarization process, it could lead to legal complications and potential financial loss for the parties involved.
Failure to Properly Authenticate Documents: Notaries are responsible for ensuring that documents are properly executed and meet legal requirements. If a notary fails to authenticate a document correctly, it can lead to disputes or legal challenges.
Improper Administration of Oaths: When administering oaths, notaries must follow strict procedures. Any deviation from these procedures can result in the oath being considered invalid, which can impact legal proceedings or document validity.
Fraud and Misconduct: Notaries must act with integrity and avoid any form of fraud or misconduct. Engaging in fraudulent activities, such as falsifying documents or knowingly allowing a person to sign a document under false pretenses, can result in serious legal consequences.
In addition, your employer may be held liable for any notarial acts you perform. One possible problem arises when your employer wants to take advantage of your notary status. He or she asks you to authenticate a signature outside the parameters of the law. It may seem a simple favor at the time, but it can come back to haunt you. It is extremely important that both you and your employer understand that improper notarization is not allowed. The best advice is always follow the law. All of these situations, and more, are detailed in our New York notary Test Preparation Course.
Consequences of Notary Liability
The consequences of notary liability can be severe, including:
Legal Action: Affected parties may file lawsuits against notaries for damages resulting from errors or misconduct. Legal action can result in significant financial liabilities, including compensatory damages and legal fees.
Administrative Penalties: Notaries may face disciplinary action from regulatory bodies or licensing agencies. Penalties can include suspension or revocation of the notary commission, fines, and other administrative sanctions.
Loss of Reputation: A notary found liable for errors or misconduct may suffer damage to their professional reputation. This can impact their ability to secure future work or maintain a positive standing in their profession.
Again, a New York Notary does have liability. But if you execute the responsibilities of your office with diligence, it is unlikely that you will commit misconduct. You can obtain a copy of the New York Notary license Law from the New York State Department of State.
So, simply put, the best way to avoid exposure to liability is to obey the law.
There are many types of documents that require notarization. In addition, there are specific types of notarial acts, These acts depend on the dictates of the document itself. Our purpose here isn’t to list all the types of notarization, nor all the types of documents that require notarization. But, we want to give you some insight. Let’s start with the three most commonly notarized documents, or types of notarial acts. Then, let’s look at ways to apply them. If you require in-depth information about becoming a notary in New York, visit State’s webpage for specific Information.
Types of Notarial Acts
Acknowledgements: Basically, an acknowledgement ensures the person signing a document is who they say they are. It acknowledges that they sign of their own free will. The signer should appear in person before the notary to be positively identified. You will frequently encounter the need for acknowledgements in Deeds, mortgages and all types of trusts.
Oaths and Affirmations: At times you have to administer a verbal Oath for the purpose of compelling truthfulness. An oath is a pledge before God (or a Supreme Being). If someone doesn’t believe in a supreme being, the notary can give an Affirmation. In this instance the person swears upon their individual honor.
A Jurat: A signer to a document swears or affirms that the contents of a document are true. That’s the key. They swear to the truthfulness of the document contents. This differs from a verbal swearing as in an oath. Jurats are performed for affidavits and depositions.
For an in-depth understanding of these and other notarial acts you can enroll in our New York notary exam preparation course. You can also read our blog article on Why One Engages a Notary Public.
Situations to perform an Acknowledgements.
Living Trust: Today, more than ever, living trusts appear with greater abundance. During a person’s lifetime they create a Living Trust. This means that they designate a trustee to take responsibility for managing their assets. This is for the benefit of an heir or beneficiary – usually a child or other family member.
Bill of Sale: When ownership of an asset transfers to another party for money, a legal document records the transaction.
Contracts: A contract might outline an exchange of goods or services. All contracts are not necessarily notarized. The more at stake for both parties, the more likely that the contract would require notarization.
Articles of Incorporation: When you start a company you create Articles of Incorporation. These documents should be notarized. Otherwise, if you need to submit them to a legal governing body, they won’t be accepted.
A Deed: When real property transfers, the person or persons that transfer the property must sign the deed. These documents are always notarized. You can learn more about acknowledgements by visiting New York State.Gov. Or, if you wish to become a notary public in New York, you can register to take our New York Notary Exam training course.
Situations to perform an Oath may.
Federal employees, political appointees, judges, and most federal positions require an oath of office. Even postal works take an oath. Jobs that expose you to highly confidential information usually require an oath. If you are requested to perform an oath, you are required to do so by law.
Situations to perform a Jurat.
As we mentioned, the signer swears to the contents of the document. For example, you need to provide an affidavit for probate court. You have to verify your identity. You have to verify a death. In such cases you could have to swear to the document’s contents.
As of January 25th of 2023, New York State requires all notaries to keep a Journal. We will outline these requirements in a new article very soon. For now, let’s look at why we need to keep a journal. You will have to keep your journal for a period of ten years.
A record of your notarial acts in a journal provides a written account of the acts performed. This may prove very beneficial somewhere down the road after a specific notarial service is forgotten.
For example: Assume that two years after you certified a signature some type of legal question arises. Let’s say that you have to address the specifics of that notarization. Because you placed your seal on hundreds of documents since the one in question, it would be impossible to recall the specifics of the act. But, a journal helps you to do just that. If you want to know what information should be logged into a journal. Please read our blog item on this topic. It describes what a Notary Should Record in a Journal.
A few reasons why a notary should keep a journal:
It provides a factual proof which verifies the notarial act was properly executed.
If a court action were to occur in the future, your journal is prima facie evidence to the facts within it.
There’s an old adage that says, “If it wasn’t written it did not happen.” As a notary you have an obligation to know what acts you performed, and when. So, your written journal provides a suitable record of what happened.
A journal protects the notary if he or she is sued for negligence.
It is simply good business to keep accurate records.
There are proper techniques for recording information in your journal. For instance, you want to include specific information related to your notarial act. An important point to make here is that a notary must use ink when writing in a journal. Thus, if an error is made, he or she should draw a single line through the error and then make the correction. You can find journals online. Notary.net has a nice selection of journals
You should collect specific information from the signer and record it in your journal. We’ll discuss what information to include in your journal in our next blog.
If you are interested in becoming a notary in New York, you may want to evaluate our notary training course. It covers journals and every other aspect that prepares you to pass the New York State Notary Exam. You can also learn more by visiting the New York Department of State. Also, you can read our Notary Public FAQs page, which may answer other questions you may have.
This article contains a very good notary stamp tip. Let’s say you just received your “passed slip” in the mail from the New York Secretary of State. That means you are now commissioned as a New York Notary. Purchasing a notary stamp is critical for anyone commissioned as notaries public. The notary stamp is sometimes called a notary seal or embosser. It is an indispensable tool used to authenticate documents. It imprints the notary publics official seal onto them.
Okay. You want to become a notary public. So, when choosing a notary training course, there are certain criteria you should be aware of. Basically, It is important that you choose a provider that will present a program that will make sure you are fully prepared to pass the exam. Accordingly, Let’s look at some of the important things you should look for when choosing a training program.
Renewal Procedures
As of January 25th of 2023, New York State requires all notaries to keep a Journal. We will outline these requirements in a new article very soon. For now, let’s look at why we need to keep a journal. You will have to keep your journal for a period of ten years.