Notary Public License Law (May 2020)

Notary Public License Law (May 2020) New York DEPARTMENT OF STATE Division of Licensing Services http://dos.ny.gov Kathy Hochul Rossana Rosado Governor Secretary of State Introduction Notaries public are commissioned by the Secretary of State. An applicant for a notary public commission must submit to the Division of Licensing Services an original application and $60 fee. The application includes an oath of office, which must be sworn and notarized. In addition to the application form and fee, the applicant must submit a “pass slip” showing that s/he has taken and passed the notary public examination. Examinations are regularly scheduled throughout the state. An individual admitted to practice in NYS as an attorney, may be appointed a notary public without an examination. The term of commission is 4 years. Notaries public are commissioned in their counties of residence. After receiving and approving an applicant for a notary public commission, the Secretary of State forwards the commission, the original oath of office and the signature of the notary public to the appropriate county clerk. The county clerk maintains a record of the commission and signature. The public may then access this record and verify the “official” signature of the notary at the county clerk’s office. Upon request, county clerks will authenticate the signature of the notary on a document and will attest to the notary’s authority to sign. This is normally obtained when the documents will be used outside the State. Notaries who expect to sign documents regularly in counties other than that of their residence may elect to file a certificate of official character with other New York State county clerks. Out-of-State Residents. Attorneys, residing out of State, who are admitted to practice in the State and who maintain a law office within the State are deemed to be residents of the county where the office is maintained. Nonresidents other than attorneys who have offices or places of business in New York State may also become notaries. The oath of office and signature of the notary must be filed in the office of the county clerk of the county in which the office or place of business is located. Page 2 / Notary Public License Law NYS Department of State Division of Licensing Services Notary Public License Law Section Professional conduct APPOINTMENT AND QUALIFICATIONS EXECUTIVE LAW 130 Appointment of notaries public 131 Procedure of appointment; fees and commissions 132 Certificates of official character of notaries public 133 Certification of notarial signatures 140 Executive Law (14) and (15) 3-200 and 3-400 Election Law PUBLIC OFFICERS LAW 3 Qualifications for holding office, provides that: COUNTY LAW 534 County clerk; appointment of notaries public MISCELLANEOUS Member of legislature Sheriffs Notary public—disqualifications POWERS AND DUTIES EXECUTIVE LAW 134 Signature and seal of county clerk 135 Powers and duties; in general; of notaries public who are attorneys at law 135-a Notary public or commissioner of deeds; acting without appointment; fraud in office 135-b Advertising by notaries public 136 Notarial fees 137 Statement as to authority of notaries public 138 Powers of notaries public or other officers who are stockholders, directors, officers or employees of a corporation 142-a Validity of facts of notaries public and commissioners of deeds notwithstanding certain defects REAL PROPERTY LAW 290 Definitions; effect of article 298 Acknowledgments and proofs within the state 302 Acknowledgments and proofs by married women 303 Requisites of acknowledgments 304 Proof by subscribing witness 306 Certificate of acknowledgment or proof 309-a Uniform forms of certificates of acknowledgment or proof within this state 309-b Uniform forms of certificates of acknowledgment or proof without this state 330 Officers guilty of malfeasance liable for damages 333 When conveyances of real property not to be recorded SPECIAL NOTE 335 Banking Law 3113 Rule—Civil Practice Law and Rules 11 Domestic Relations Law 10 Public Officers Law RESTRICTIONS AND VIOLATIONS JUDICIARY LAW 484 None but attorneys to practice in the state 485 Violation of certain preceding sections a misdemeanor 750 Power of courts to punish for criminal contempts Illegal practice of law by notary public Wills PUBLIC OFFICERS LAW 67 Fees of public officers 69 Fee for administering certain official oaths prohibited EXECUTIVE LAW Misconduct by a notary and removal from office NYS Department of State Division of Licensing Services Notary Public License Law / Page 3 PENAL LAW 70.00 Sentence of imprisonment for felony 70.15 Sentences of imprisonment for misdemeanors and violation 170.10 Forgery in the second degree 175.40 Issuing a false certificate 195.00 Official misconduct Notary must officiate on request Perjury Notaries Public Title 19 NYCRR, Part 182 Section 182 Notaries Public Definitions and General Terms Page 4 / Notary Public License Law NYS Department of State Division of Licensing Services Professional Conduct A notary public is cautioned not to execute an acknowledgment of the execution of a will. Such acknowledgment cannot be deemed equivalent to Use of the office of notary in other than the specific, step-by-step an attestation clause accompanying a will. procedure required is viewed as a serious offense by the Secretary of State. The practice of taking acknowledgments and affidavits over the (See definition of Attestation Clause) telephone, or otherwise, without the actual, personal appearance of the individual making the acknowledgment or affidavit before the officiating Appointment and Qualifications notary, is illegal. Index The attention of all notaries public is called to the following judicial Law Sec Subject declarations concerning such misconduct: Executive Law 130 Appointment of Notaries Public “The court again wishes to express its condemnation of the acts of Executive Law 131 Procedure of Appointment; Fees notaries taking acknowledgments or affidavits without the presence of Executive Law 132 Certificates of Official Character the party whose acknowledgment is taken for the affiant, and that it Executive Law 133 Certification of Notarial Signatures will treat serious professional misconduct the act of any notary thus Executive Law 140 Commissioner of Deeds, NYC violating his official duty.” (Matter of Napolis, 169 App. Div. 469, Election Law 3-200 Commissioner of Elections 472.) 3-400 “Upon the faith of these acknowledgments rests the title of real Public Officers Law 3 Qualifications for Holding Office property, and the only security to such titles is the fidelity with which County Law 534 County Clerk; Appointment of Notaries notaries and commissioners of deeds perform their duty in requiring NYS Constitution Art. II Member of Legislature the appearance of parties to such instruments before them and always Sec. 7 refusing to execute a certificate unless the parties are actually known to NYS Constitution Art. XII Sheriffs them or the identity of the parties executing the instruments is Sec. 13a satisfactorily proved.” (Matter of Gottheim, 153 App. Div. 779, 782.) Miscellaneous Disqualifications Equally unacceptable to the Secretary of State is slipshod administration of oaths. The simplest form in which an oath may be lawfully Executive Law administered is: “Do you solemnly swear that the contents of this affidavit subscribed by you is correct and true?” (Bookman v. City of New §130. Appointment of notaries public. York, 200 N.Y. 53, 56.) 1. The Secretary of State may appoint and commission as many Alternatively, the following affirmation may be used for persons who notaries public for the State of New York as in his or her judgment may be conscientiously decline taking an oath. This affirmation is legally deemed best, whose jurisdiction shall be co-extensive with the boundaries equivalent to an oath and is just as binding: of the state. The appointment of a notary public shall be for a term of 4 years. An application for an appointment as notary public shall be in form “Do you solemnly, sincerely and truly declare and affirm that the and set forth such matters as the Secretary of State shall prescribe. Every statements made by you are true and correct?” person appointed as notary public must, at the time of his or her Whatever the form adopted, it must be in the presence of an officer appointment, be a resident of the State of New York or have an office or authorized to administer it, and it must be an unequivocal and present place of business in New York State. A notary public who is a resident of act by which the affiant consciously takes upon himself the obligation the State and who moves out of the state but still maintains a place of of an oath. (Idem, citing People ex rel. Kenyon v. Sutherland, 81 N.Y. business or an office in New York State does not vacate his or her office 1; O’Reilly v. People, 86 N.Y. 154, 158, 161.) as a notary public. A notary public who is a nonresident and who ceases to Unless a lawyer, the notary public may not engage directly or indirectly in have an office or place of business in this state, vacates his or her office as the practice of law. Listed below are some of the activities involving the a notary public. A notary public who is a resident of New York State and practice of law which are prohibited, and which subject the notary public moves out of the state and who does not retain an office or place of to removal from office by the Secretary of State, and possible business in this State shall vacate his or her office as a notary public. A imprisonment, fine or both. A notary: non-resident who accepts the office of notary public in this State thereby 1. May not give advice on the law. The notary may not draw any kind appoints the Secretary of State as the person upon whom process can be of legal papers, such as wills, deeds, bills of sale, mortgages, chattel served on his or her behalf.

KANSAS NOTARY PUBLIC HANDBOOK Prepared by the Office of Secretary of State Scott Schwab Prepared by the Office of Secretary of State Scott Schwab First Floor, Memorial Hall 120 SW 10th Ave. Topeka, KS 66612-1594 (785) 296-2239 www.sos.ks.gov [email protected] In compliance with the Americans with Disabilities Act, this document is available in alternate formats by contacting the Kansas Secretary of State, 120 SW 10th Ave., Topeka, KS 66612-1594, (785) 296-4564, [email protected]. Kansas Notary Handbook Table of Contents Title Page I. Purpose of Notaries Public 4 II. History of Notaries Public 5 III. Duties of Notaries Public 6 IV. Guidelines for Notaries Public 8 V. Penalties for Improper Notarizations 13 VI. Electronic Notarizations 14 VII. Helpful Hints for Notaries Public 15 VIII. Kansas Statutes and Regulations 18 IX. Frequently Asked Questions 36 X. Test your Notary Knowledge 44 XI. Glossary of Terms 47 XII. Contact Information 50 Change of Status Form 51 This is an interactive PDF. Click on any chapter title in this table of contents to go to that chapter. Click the running header on any page to return to the table of contents. (Please note that the page numbers of this digital edition differ from the print edition.) Kansas Notary Handbook I. Purpose of Notaries Public As a notary public, you hold an important position in the state of Kansas. It is essential that you understand the notarial duties and responsibilities given in Kansas law. The purpose of this handbook is to help you understand notary laws so that you can perform your duties correctly.

A BUNDLE OF RIGHTS 17 U.S.C. § 106 (2004) Subject to sections 107 through 122, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following: (1) to reproduce the copyrighted work in copies or phonorecords; (2) to prepare derivative works based upon the copyrighted work; (3) to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending; (4) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly; (5) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly; and (6) in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission. __________ A. THE DISTRIBUTION RIGHT 17 U.S.C. § 109 (2004) (a) Notwithstanding the provisions of section 106 (3), the owner of a particular copy or phonorecord lawfully made under this title, or any person authorized by such owner, is entitled, without the authority of the copyright owner, to sell or otherwise dispose of the possession of that copy or phonorecord. Notwithstanding the preceding sentence, copies or phonorecords of works subject to restored copyright under section 104A that are manufactured before the date of restoration

University of Chicago Law School Chicago Unbound Coase-Sandor Working Paper Series in Law and Coase-Sandor Institute for Law and Economics Economics 2010 What Is So Special about Intangible Property? The Case for intelligent Carryovers Richard A. Epstein Follow this and additional works at: https://chicagounbound.uchicago.edu/law_and_economics Part of the Law Commons Recommended Citation Richard A. Epstein, "What Is So Special about Intangible Property? The asC e for intelligent Carryovers" (John M. Olin Program in Law and Economics Working Paper No. 524, 2010). This Working Paper is brought to you for free and open access by the Coase-Sandor Institute for Law and Economics at Chicago Unbound. It has been accepted for inclusion in Coase-Sandor Working Paper Series in Law and Economics by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. CHICAGO JOHN M. OLIN LAW & ECONOMICS WORKING PAPER NO. 524 (2D SERIES) What Is So Special about Intangible Property? The Case for Intelligent Carryovers Richard A. Epstein THE LAW SCHOOL THE UNIVERSITY OF CHICAGO August 2010 This paper can be downloaded without charge at: The Chicago Working Paper Series Index: http://www.law.uchicago.edu/Lawecon/index.html and at the Social Science Research Network Electronic Paper Collection. WHAT IS SO SPECIAL ABOUT INTANGIBLE PROPERTY? THE CASE FOR INTELLIGENT CARRYOVERS by Richard A. Epstein* ABSTRACT One of the major controversies in modern intellectual property law is the extent to which property rights conceptions, developed in connection with land or other forms of tangible property, can be carried over to different forms of property, such as rights in the spectrum or in patents and copyrights.

Fordham Intellectual Property, Media and Entertainment Law Journal Volume 28 XXVIII Number 3 Article 1 2018 Standing with a Bundle of Sticks: The All Substantial Rights Doctrine in Action Mark J. Abate Goodwin Procter LLP, [email protected] Christopher J. Morten Goodwin Procter LLP, [email protected] Follow this and additional works at: https://ir.lawnet.fordham.edu/iplj Part of the Intellectual Property Law Commons Recommended Citation Mark J. Abate and Christopher J. Morten, Standing with a Bundle of Sticks: The All Substantial Rights Doctrine in Action, 28 Fordham Intell. Prop. Media & Ent. L.J. 477 (2018). Available at: https://ir.lawnet.fordham.edu/iplj/vol28/iss3/1 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Intellectual Property, Media and Entertainment Law Journal by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. Standing with a Bundle of Sticks: The All Substantial Rights Doctrine in Action Cover Page Footnote *Mark Abate, a Partner at Goodwin Procter LLP, concentrates his practice on trials and appeals of patent infringement cases, and has particular expertise in matters involving electronics, computers, software, financial systems, and electrical, mechanical, and medical devices. He has tried cases to successful conclusions in U.S. district courts and the U.S. International Trade Commission and has argued appeals before the U.S. Court of Appeals for the Federal Circuit. He is the former President of both the New York Intellectual Property Law Association and the New Jersey Intellectual Property Law Association, and is a board member of the Federal Circuit Historical Society.

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Injunctive Relief Against the Unlicensed Practice of Law As Represented by Drafting of Legal Instruments

Washington Law Review Volume 8 Number 1 5-1-1933 Injunctive Relief Against the Unlicensed Practice of Law as Represented by Drafting of Legal Instruments Warren L. Shattuck University of Washington School of Law Follow this and additional works at: https://digitalcommons.law.uw.edu/wlr Part of the Legal Profession Commons Recommended Citation Warren L. Shattuck, Notes and Comments, Injunctive Relief Against the Unlicensed Practice of Law as Represented by Drafting of Legal Instruments, 8 Wash. L. Rev. 33 (1933). Available at: https://digitalcommons.law.uw.edu/wlr/vol8/iss1/3 This Notes and Comments is brought to you for free and open access by the Law Reviews and Journals at UW Law Digital Commons. It has been accepted for inclusion in Washington Law Review by an authorized editor of UW Law Digital Commons. For more information, please contact [email protected]. WASHINGTON LAW REVIEW Published Quarterly by the Law School of the University of Washington Founded by John T. Condon, First Dean of the Law School SUBSCRIPTION PRICE $2.50 PER ANNUM, SINGLE COPIES $1.00 i- H. !X0oTTLA N.NgtrznOt FLAwx L. fcHn--. . . _A ssoctate Editor LESLIE J. AYE. -Associate Editor, Bench and Bar JoHN RITCHnE, III . . . . Bus ness Manager STUDENT EDITORIAL BOARD Jack C. Pearl, President Wilbur J. Lawrence, Article Editor Bryant R. Dunn, Case Editor Albert A. King, Note Editor Leo A. Chaikin, Student Bus. Mgr. Paul M. Goode Harold Hestness Anthony M. Ursich Clarence A. Hardesty Paul Lemargie Monroe Watt Byron E. Congdon George

Department of Financial Institutions State of Wisconsin Notary Public Information Last updated May 2020 DFI/NOT/102-P(R04/18) Dear Notary Public: This notary public brochure will help you become familiar with the duties and responsibilities of a notary public. It includes requirements and directions for the commission application, sample jurats and answers to common questions about the role of the notary. We would also like to recommend that you take the free online notary public educational tutorial course. The tutorial includes specific instructions for and examples of the proper execution of notarial acts, knowledge quizzes and a final assessment exam. These aids are designed to enable you to feel confident in your performance of your duties as a notary public. The tutorial is available online at: www.wdfi.org Although the brochure and tutorial discuss in detail your duties as a notary, we encourage you to contact Wisconsin Department of Financial Institutions (WDFI) if you have additional questions concerning your responsibilities as a public officer. We are here to assist you in any way that we can. Mail Address: Street Address: Notary Section Notary Section WI Department of Financial Institutions WI Department of Financial Institutions PO Box 7847 4822 Madison Yards Way, North Tower Madison WI 53707 Madison WI 53705 Phone: 608-266-8915 Fax: 608-264-7965 Email: [email protected] TTY: 711 Website: www.wdfi.org 2 Table of Contents General Information Pages 4 – 7 Powers & Liabilities Pages 7 – 9 Notarial Acts Pages 9 – 10 Notarial Ceremonies Pages 11 – 15 Maintenance Pages 15 – 17 Statutory References Pages 17 3 General Information What is a Notary Public? A notary public is an individual issued an appointment by the Secretary of the Wisconsin Department of Financial Institutions to serve the public as an impartial witness, performing notarial acts as are allowed or required by law.

Inverse Condemnation and Compensatory Relief for Temporary Regulatory Takings: First English Evangelical Lutheran Church V

Nebraska Law Review Volume 67 | Issue 2 Article 8 1988 Inverse Condemnation and Compensatory Relief for Temporary Regulatory Takings: First English Evangelical Lutheran Church v. Los Angeles County, 107 S. Ct. 2378 (1987) Joseph C. Vitek University of Nebraska College of Law, [email protected] Follow this and additional works at: https://digitalcommons.unl.edu/nlr Recommended Citation Joseph C. Vitek, Inverse Condemnation and Compensatory Relief for Temporary Regulatory Takings: First English Evangelical Lutheran Church v. Los Angeles County, 107 S. Ct. 2378 (1987), 67 Neb. L. Rev. (1988) Available at: https://digitalcommons.unl.edu/nlr/vol67/iss2/8 This Article is brought to you for free and open access by the Law, College of at DigitalCommons@University of Nebraska - Lincoln. It has been accepted for inclusion in Nebraska Law Review by an authorized administrator of DigitalCommons@University of Nebraska - Lincoln. Note Inverse Condemnation and Compensatory Relief for Temporary Regulatory Takings FirstEnglish Evangelical Lutheran Church v. Los Angeles County, 107 S. Ct. 2378 (1987) TABLE OF CONTENTS I. Introduction . 435 II. Background Cases . 437 III. Facts of FirstEnglish Church . 439 IV. Analysis . 441 A. Ripeness for Review . 441 B. The Just Compensation Requirement . 444 1. Physical Occupation, Regulatory, and Temporary

A General Overview of the Treatment of Intellectual Property Licenses in Bankruptcy by Bruce Buechler, Esq

A General Overview of the Treatment of Intellectual Property Licenses in Bankruptcy By Bruce Buechler, Esq. Lowenstein Sandler LLP Editor's Note: The views expressed in this article are solely those of the author and do not reflect those of Lowenstein Sandler LLP or any of its clients. n a bankruptcy case, a debtor has the ability to assume In addition, section 365(c) of the Bankruptcy Code provides I(i.e., affirm) or reject (i.e., disavow) executory contracts that when applicable non-bankruptcy law prohibits a and unexpired leases. A debtor’s ability to assume or reject contract’s assignment, it may not be assumed or assigned by an executory contract or unexpired lease is recognized as a debtor without the permission of the non-debtor counter- one of the primary purposes and essential tools available to party to the contract. Thus, in connection with licenses of a debtor under the Bankruptcy Code. The Bankruptcy Code intellectual property, section 365 is fraught with difficulties. allows a debtor to keep in place favorable contracts, and Intellectual property contracts can consist of, among other discard and relieve it of burdensome contracts, and thus things, technology licenses, patents, copyrights, trademarks avoid future performance obligations under such contracts. and/or trade secrets. If the debtor assumes a contract, it can compel the non- debtor contract party to continue to perform. Likewise, a In determining whether an intellectual property agreement is debtor has the ability to assume and assign (i.e., sell) the an “executory contract” within the meaning of section 365(c) contract to a third party, notwithstanding most provisions and, therefore, potentially subject to assumption, many in a contract or lease, that would prohibit or restrict the courts make a distinction as to whether the agreement is an assignment of such lease or contract.

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THE ROLE OF THE NOTARY NOTARY PUBLIC DEFINED A notary public is a person of integrity appointed by the Secretary of State to serve the public as an impartial and unbiased witness by identifying persons who come before the notary. The most common function of the notary is to prevent fraud by attesting that a person actually signed a document. The responsibilities of an Iowa notary public are critical to the legal, business, financial and real estate communities and should be taken seriously. You must have an understanding of Iowa law and the proper procedures to follow in order to fulfill your duties. This pocketbook is designed to assist you when performing a notarial act. Remember, as a commissioned notary, you are a public official appointed to serve the public. Always keep in mind these important points when you notarize documents: * All document signers must personally appear before you. * Assess whether each document signer is competent. * While not responsible for the content of a document, alert the signer to any blanks. * Establish the identity of each signer through personal knowledge or with I.D. documents. * Have all parties sign the document. * Complete the notarial certificate - this may include requiring the signer to give a verbal oath or acknowledgment. * Use your stamp or seal on the document. * If you have a notary journal, always make an entry. 4 POCKETBOOK FOR IOWA NOTARIES PUBLIC NOTARIZATION OF DOCUMENTS NOTARIZATION DEFINED Notarization is the “act of witnessing” by the notary public in accordance with specifications of state law. Notarization involves signed docu- ments and requires the notary to ensure the signer’s identity and willingness to sign.

TIP28 Rent Court for Landlords If your case is about commercial property, talk to a lawyer. Frequently-used Terms . Landlord: The person or business that owns and leases housing to other people. Tenant: The person or group of people who rent and live in a property. Eviction: The removal of a tenant from rental property by the landlord as the result of a legal judgment. Rent ledger: A written record of rent money paid by the tenant that you must maintain. Include date, amount paid, method of payment, and any outstanding balance. Service or service of process: How tenants are notified that a case has been filed with the court. The court or Sheriff will mail copies of the court notice. The Sheriff’s Department will also post a copy of the notice on the door of the property. Right of redemption. The right to redeem the property and cancel an eviction by paying all rent due, plus costs, before the Sheriff executes the eviction. This is sometimes called “pay and stay.” . Warrant of restitution. This court document indicates that the court authorizes an eviction. If rent is not paid and the judge signs the warrant, the warrant is forwarded to the Sheriff’s Department to schedule an eviction. Licensing. Many areas in Maryland require a landlord to get a housing registration license before renting residential property to a tenant. You may be required to file a lead certificate. Maryland law requires owners of rental properties built before 1978 to register their units with the Maryland Department of the Environment (MDE).