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Free NY Notary Public Practice Test: 10 Questions

The New York notary exam is one hour, multiple choice and graded pass or fail. These ten questions come from our three practice exams, written from the Department of State's own license law booklet, across appointment, acknowledgments, fees, restrictions and electronic notarization.

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Question 1 · Notary Public

How long is a New York notary public commission?
  1. A. Two years, renewable once without a new application
  2. B. Four years
  3. C. Ten years
  4. D. Until the notary moves out of the county of residence
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The answer is B. Executive Law 130 sets the appointment of a notary public for a term of 4 years, and Part 182.10 repeats the four-year term.

  • A is wrong: The term is four years, and nothing limits how many times a notary may be reappointed.
  • C is wrong: Ten years is how long records and recordings are kept, not the commission term.
  • D is wrong: A change of county does not end the commission; only leaving the state without a New York office vacates it.

Question 2 · Notary Public

Where in New York may a notary public take an acknowledgment?
  1. A. Anywhere in the state
  2. B. Only in the county where the notary qualified
  3. C. Only in counties where a certificate of official character is filed
  4. D. Only within the city or town of residence
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The answer is A. Executive Law 130 makes a notary's jurisdiction co-extensive with the state, and the Special Note says a notary may take acknowledgments and proofs anywhere in the state.

  • B is wrong: The booklet's Special Note says all county limits on a notary's authority have been removed.
  • C is wrong: Filing a certificate of official character is optional and does not create the authority to act.
  • D is wrong: No section of the booklet limits a notary to a city or town.

Question 3 · Notary Public

A bank opens a safe deposit box whose rent went unpaid. What must the notary present do afterward?
  1. A. Mail the contents themselves to the lessee at the last known postal address within 10 days of the opening
  2. B. Take custody of the contents
  3. C. Deliver the inventory to the county clerk
  4. D. File a certificate under seal with the bank listing the date, the lessee and the contents
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The answer is D. Banking Law 335: the notary files with the lessor a certificate under seal stating the date of opening, the lessee's name and a list of the contents; the bank mails a copy to the lessee within 10 days.

  • A is wrong: The 10-day mailing is of a copy of the certificate, not the contents themselves.
  • B is wrong: The bank removes and inventories the contents; the notary does not hold them.
  • C is wrong: The certificate is filed with the lessor, not with the county clerk.

Question 4 · Notary Public

Before taking an acknowledgment, what must the officer know or have satisfactory evidence of?
  1. A. That the instrument is legally valid
  2. B. That the signer has read the whole document
  3. C. That the person making it is the person described in and who executed the instrument
  4. D. That the signer owns the property
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The answer is C. Real Property Law 303: an acknowledgment must not be taken unless the officer knows or has satisfactory evidence that the person making it is the person described in and who executed the instrument.

  • A is wrong: Judging legal validity is legal advice, which a notary may not give.
  • B is wrong: The statute requires proof of identity, not proof that the document was read.
  • D is wrong: Ownership is not what the officer certifies in an acknowledgment.

Question 5 · Notary Public

Must the signer sign the instrument in the notary's presence for an acknowledgment to be taken?
  1. A. No, but the signer must personally appear and acknowledge having executed it
  2. B. Yes, every signature must be made in front of the notary
  3. C. No, and the signer need not appear at all if the notary already recognizes the handwriting on it
  4. D. Yes, unless the document is a deed
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The answer is A. The booklet's definition of Acknowledgment says it is not essential that the person sign in the notary's presence, but the person must actually and personally appear before the notary on the day specified.

  • B is wrong: The booklet expressly says signing in the notary's presence is not essential.
  • C is wrong: Personal appearance is required; recognizing handwriting cannot replace it.
  • D is wrong: The booklet makes no exception for deeds.

Question 6 · Notary Public

What is the most a notary may charge for administering an oath or affirmation, where no other fee is set by statute?
  1. A. $5
  2. B. $25
  3. C. $2
  4. D. Whatever the notary posts in the office
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The answer is C. Executive Law 136(1): for administering an oath or affirmation and certifying it, $2, except where another fee is prescribed by statute.

  • A is wrong: Five dollars exceeds the $2 the statute allows for an oath.
  • B is wrong: Twenty-five dollars is the fee for an electronic notarial act, not a paper oath.
  • D is wrong: Public Officers Law 67 forbids charging more than the fee the law allows.

Question 7 · Notary Public

A non-attorney notary is asked to draw up a lease for a landlord. What should she do?
  1. A. Draft it if she charges only the notarial fee
  2. B. Refuse, because drawing a lease is the practice of law
  3. C. Draft it and then take the landlord's acknowledgment
  4. D. Draft it, as long as the tenant reads it and consents to it in writing first
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The answer is B. The booklet's Professional Conduct section says a non-lawyer notary may not draw legal papers such as wills, deeds, leases, mortgages or contracts; Judiciary Law 484 forbids taking compensation for preparing them.

  • A is wrong: Charging little does not make drafting a legal paper lawful.
  • C is wrong: Notarizing afterward does not cure the unauthorized drafting.
  • D is wrong: A party's consent cannot authorize the practice of law.

Question 8 · Notary Public

A notary advertises in Spanish. Which statement must appear with the advertisement?
  1. A. A notice that she is bonded
  2. B. Her commission number and expiration date in English
  3. C. A statement that her fees are set by the county clerk
  4. D. "I am not an attorney licensed to practice law and may not give legal advice about immigration or any other legal matter or accept fees for legal advice."
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The answer is D. Executive Law 135-b(2) and 19 NYCRR 182.1(b) require this disclaimer, in the same language as the advertisement, printed clearly and conspicuously.

  • A is wrong: The booklet requires no bonding notice in an advertisement.
  • B is wrong: The required notice is the legal-advice disclaimer, in the advertisement's own language.
  • C is wrong: Fees are set by statute, and no such statement is required.

Question 9 · Notary Public

Where must an electronic notary be located when performing an electronic notarial act?
  1. A. Physically in New York State
  2. B. Anywhere in the United States
  3. C. In the county where the commission was issued
  4. D. In the same place as the signer
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The answer is A. Executive Law 135-c(4)(a)(ii) and 19 NYCRR 182.4(a)(3): the electronic notary must be located within New York at the time of the act, regardless of where the signer is.

  • B is wrong: Being elsewhere in the United States does not satisfy the in-state requirement.
  • C is wrong: The notary may act anywhere in the state, not only in one county.
  • D is wrong: The signer may be remote; that is the point of communication technology.

Question 10 · Notary Public

In an affidavit, what is the jurat?
  1. A. The part where the officer certifies it was sworn to before him
  2. B. The person who signs the affidavit
  3. C. The county where the affidavit is sworn
  4. D. The affidavit itself, including every statement the affiant has sworn to
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The answer is A. The booklet defines the jurat as the part of an affidavit where the notary certifies that it was sworn to before him, and adds that it is not the affidavit.

  • B is wrong: The person who signs is the affiant.
  • C is wrong: The place of the act is the venue.
  • D is wrong: The booklet says the jurat is not the affidavit.
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