About Buffalo Notary
Professional Conduct
Buffalo Notary takes the responsibilities of being a New York State Certified Notary very seriously. We would advise you to read the following section to understand what being a Certified Notary means.
Use of the office of notary in other than the specific, step-by-step procedure required is viewed as a serious offense by the Secretary of State. The practice of taking acknowledgments and affidavits over the telephone, or otherwise, without the
actual, personal appearance of the individual making the acknowledgment or affidavit before the officiating notary, is illegal.
The attention of all notaries public is called to the following judicial declarations concerning such misconduct:
“The court again wishes to express its condemnation of the acts of notaries taking acknowledgments or affidavits without the presence of the party whose acknowledgment is taken for the affiant, and that it will treat serious professional misconduct the
act of any notary thus violating his official duty.” (Matter of Napolis, 169 App. Div. 469, 472.)
“Upon the faith of these acknowledgments rests the title of real property, and the only security to such titles is the fidelity with which notaries and commissioners of deeds perform their duty in requiring the appearance of parties to such
instruments before them and always refusing to execute a certificate unless the parties are actually known to them or the identity of the parties executing the instruments is satisfactorily proved.” (Matter of Gottheim, 153 App. Div. 779, 782.)
Equally unacceptable to the Secretary of State is slipshod administration of oaths. The simplest form in which an oath may be lawfully administered is:
“Do you solemnly swear that the contents of this affidavit subscribed by you is correct and true?” (Bookman v. City of New York, 200 N.Y. 53, 56.)
Alternatively, the following affirmation may be used for persons who conscientiously decline taking an oath. This affirmation is legally equivalent to an oath and is just as binding:
“Do you solemnly, sincerely and truly declare and affirm that the statements made by you are true and correct?
“Whatever the form adopted, it must be in the presence of an officer authorized to administer it, and it must be an unequivocal and present act by which the affiant consciously takes upon himself the obligation of an oath. (Idem, citing People ex rel. Kenyon
v. Sutherland, 81 N.Y. 1; O’Reilly v. People, 86 N.Y. 154, 158, 161.)
Unless a lawyer, the notary public may not engage directly or indirectly in the practice of law. Listed below are some of the activities involving the practice of law which are prohibited, and which subject the notary public to removal from office by
the Secretary of State, and possible imprisonment, fine or both. A notary:
- May not give advice on the law. The notary may not draw any kind of legal papers, such as wills, deeds, bills of sale, mortgages, chattel mortgages, contracts, leases, offers, options, incorporation papers, releases, mechanics liens, power of
attorney, complaints and all legal pleadings, papers in summary proceedings to evict a tenant, or in bankruptcy, affidavits, or any papers which our courts have said are legal documents or papers.
- May not ask for and get legal business to send to a lawyer or lawyers with whom he has any business connection or from whom he receives any money or other consideration for sending the business.
- May not divide or agree to divide his fees with a lawyer, or accept any part of a lawyer’s fee on any legal business.
- May not advertise in, or circulate in any manner, any paper or advertisement, or say to anyone that he has any powers or rights not given to the notary by the laws under which the notary was appointed.
A notary public is cautioned not to execute an acknowledgment of the execution of a will. Such acknowledgment cannot be deemed equivalent to an attestation clause accompanying a will.
If you want the textbook version of what a Notary Public is please read this notarylaw.pdf (193KB PDF file) (22 pages) and you many need Adobe
Acrobat to read it.
|