Notary Glossary
Notaries Public: Individuals commissioned by the Secretary of State to perform notarial acts.
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Acknowledgment: A formal declaration before a duly authorized officer by a person who has executed an instrument that such execution is his act and deed. Technically, it is the declaration of a person described in and who has executed a written instrument, that he executed the same. Commonly, it is the certificate of an officer that on a specified date "before me came ..., to me known to be the individual described in and who executed the foregoing instrument and acknowledged that he executed the same".
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Affiant: The person who makes and subscribes his signature to an affidavit.
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Affidavit: A signed statement, duly sworn to, by the maker thereof, before a notary public or other officer authorized to administer oaths. The affiant must personally appear before the notary and make an oath to the statements.
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Affirmation: A solemn declaration made by persons who conscientiously decline taking an oath; it is equivalent to an oath and is just as binding. It is legally equivalent to an oath and just as binding. A form is: "Do you solemnly, sincerely, and truly, declare and affirm that the statements made by you are true and correct?".
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Apostille: Department of State authentication attached to a notarized and county-certified document for possible international use.
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Attest: To witness the execution of a written instrument, at the request of the person who makes it, and subscribe the same as a witness.
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Attestation Clause: The clause (e.g., at the end of a will) wherein the witnesses certify that the instrument has been executed before them, and the manner of the execution of the same.
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Authentication (Notarial): A certificate subjoined by a county clerk to any certificate of proof or acknowledgment or oath signed by a notary; this county clerk’s certificate authenticates or verifies the authority of the notary public to act as such.
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Bill of Sale: A written instrument given to pass title of personal property from vendor to vendee.
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Certified Copy: A copy of a public record signed and certified as a true copy by the public official having custody of the original. A notary public has no authority to issue certified copies.
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Chattel: Personal property, such as household goods or fixtures.
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Chattel Paper: A writing or writings which evidence both an obligation to pay money and a security interest in a lease or specific goods. The agreement creating the security interest is a security agreement.
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Codicil: An instrument made subsequent to a will and modifying it in some respects.
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Consideration: Anything of value given to induce entering into a contract; it may be money, personal services, or even love and affection.
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Contempt of Court: Behavior disrespectful of the authority of a court which disrupts the execution of court orders.
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Contract: An agreement between competent parties to do or not to do certain things for a legal consideration, whereby each party acquires a right to what the other possesses.
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Conveyance (Deed): Every instrument, in writing, except a will, by which any estate or interest in real property is created, transferred, assigned or surrendered.
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County Clerk’s Certificate: a County Clerk's Certificate (also sometimes referred to as a "Certificate of Authentication" or "Certificate of Notarial Character") is an official document issued by a County Clerk's office that verifies the authenticity of a notary public's signature and commission.
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Deponent: One who makes oath to a written statement, technically a person subscribing a deposition, but used interchangeably with "Affiant".
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Deposition: The testimony of a witness taken out of court or other hearing proceeding, under oath or by affirmation, before a notary public or other authorized person, which is intended to be used at the trial or hearing. An affidavit is an ex parte statement, differing from a deposition.
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Duress: Unlawful constraint exercised upon a person whereby he is forced to do some act against his will.
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Electronic Notarial Act: An official act by a notary public, physically present in the state of New York, on or involving an electronic record and using means authorized by the secretary of state [27(d), 73(d)].
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Electronic Notary Public: or Electronic Notary A notary public who has registered with the secretary of state the capability of performing electronic notarial acts.
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Electronic Record: Information that is created, generated, sent, communicated, received or stored by electronic means.
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Electronic Signature: Defined the same as in subdivision three of section three hundred two of the state technology law.
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Escrow: The placing of an instrument in the hands of a person as a depository who on the happening of a designated event, is to deliver the instrument to a third person. This agreement, once established, should be unalterable.
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Executor: One named in a will to carry out the provisions of the will.
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Ex Parte (From One Side Only): A hearing or examination in the presence of, or on papers filed by, one party and in the absence of the other.
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Felony: A crime punishable by death or imprisonment in a state prison.
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Guardian: A person in charge of a minor’s person or property.
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Identity Verification: The use of an authentication process by which a notary public validates the identity of any principal and/or individual present for a notarial act.
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Credential Analysis: A process or service operating according to prescribed standards, through which a third-party affirms the validity of government-issued identification through review of public and proprietary data sources.
Identity Proofing: A process by which a credential service provider collects, validates, and verifies information about a person.
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Judgment: Decree of a court declaring that one individual is indebted to another and fixing the amount of such indebtedness.
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Jurat: That part of an affidavit where the officer (notary public) certifies that it was sworn to before him. It is not the affidavit. The words "Sworn to before me this ........ day of ........, 20 ......" are generally employed.
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Laches: The delay or negligence in asserting one’s legal rights.
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Lease: A contract whereby, for a consideration, usually termed rent, one who is entitled to the possession of real property transfers such right to another for life, for a term of years or at will.
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Lien: A legal right or claim upon a specific property which attaches to the property until a debt is satisfied.
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Litigation: The act of carrying on a lawsuit.
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Misdemeanor: Any crime other than a felony.
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Mortgage On Real Property: An instrument in writing, duly executed and delivered that creates a lien upon real estate as security for the payment of a specified debt, usually in the form of a bond.
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Notarial Act: Any official act that a notary public is authorized to perform by law, including administering oaths/affirmations, taking affidavits/depositions, receiving/certifying acknowledgments/proof of instruments, demanding acceptance/payment of bills/notes and protesting them, preparing a certificate of authenticity, or performing an electronic notarial act.
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Oath: A verbal pledge given by the person taking it that his statements are made under an immediate sense of this responsibility to God, who will punish the affiant if the statements are false. It must be administered in a form calculated to awaken conscience and impress the mind according to religious or ethical beliefs.
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Personal Appearance: Presence at a transaction for which a notarial act is required, either physically or electronically, in a manner that meets all requirements.
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Plaintiff: A person who starts a suit or brings an action against another.
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Power of Attorney: A written statement by an individual giving another person the power to act for him.
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Principal: An individual whose signature is reflected on a record that is notarized, who has taken an oath or affirmation administered by a notary public, or whose signature is reflected on a record that is notarized after taking an oath or affirmation. For the purposes of Part 182, it includes any individual who intends to engage in any of these acts.
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Proof: The formal declaration made by a subscribing witness to the execution of an instrument setting forth his place of residence, that he knew the person described in and who executed the instrument, and that he saw such person execute such instrument.
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Protest: A formal statement in writing by a notary public, under seal, that a certain bill of exchange or promissory note was presented for payment or acceptance on a certain day, and that such payment or acceptance was refused.
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Public/private key or asymmetric cryptographic system: A system by which two mathematically linked keys are generated, one a publicly available validation key and the other a private key that cannot be deduced from the public key.
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Public key infrastructure: The architecture, organization, techniques, practices, and procedures that collectively support the implementation and operation of a certificate-based asymmetric or public/private key cryptographic system.
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Record: Information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. The term includes an electronic record.
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Seal: New York law does not require the use of seals by notaries public. If used, it should identify the notary public, authority, and jurisdiction. The only required inscription is the notary's name and "Notary Public for the State of New York".
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Statute: A law established by an act of the Legislature.
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Statute of Frauds: State law which provides that certain contracts must be in writing or partially complied with, in order to be enforceable at law.
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Statute of Limitations: A law that limits the time within which a criminal prosecution or a civil action must be started.
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Subordination Clause: A clause which permits the placing of a mortgage at a later date which takes priority over an existing mortgage.
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Swear: This term includes every mode authorized by law for administering an oath.
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Taking an Acknowledgment: The act of the person named in an instrument telling the notary public that he is the person named in the instrument and acknowledging that he executed such instrument. It also includes the notary obtaining satisfactory evidence of the person's identity. The notary "certifies to the taking of the acknowledgment" by signing their official signature to the form.
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Venue: The geographical place where a notary public takes an affidavit or acknowledgment. It should show on the face of the instrument or the notary's certificate, usually like "State of New York, County of (New York) ss.:".
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Will: The disposition of one’s property to take effect after death.
