New York State Notary Practice Exam

What offense does a notary commit if they take an acknowledgment over the phone?

1. Felony

2. Violation

3. Misdemeanor

4. Infraction

The correct answer is: Misdemeanor

Taking an acknowledgment over the phone is not permitted under New York law, which requires that the signer be in the physical presence of the notary during the acknowledgment process. By failing to adhere to this requirement, the notary commits a misdemeanor. This designation reflects the seriousness of the offense while distinguishing it from more severe crimes, such as felonies, which involve greater culpability or harm. In contrast, a violation typically involves lesser offenses that may carry lightweight consequences but do not meet the criteria for a misdemeanor. An infraction is similarly minor and often relates to regulatory violations without the same legal ramifications as a misdemeanor. Therefore, the classification of this offense as a misdemeanor accurately represents the legal responsibilities and standards expected from notaries within the state.