New York State Notary Practice Exam 2026 - Free Notary Practice Questions and Study Guide

The correct answer indicates that it is not essential for the person who executed the instrument to sign in the presence of the notary. In New York State, a notary public is responsible for verifying the identity of the signer and ensuring that the signer is signing voluntarily and understands the document. However, the signing can occur before the notary observes it. The primary duty of the notary is to ensure that proper identification is provided and that the signer acknowledges the signature, whether it was executed in the notary's presence or not.

In many cases, especially with documents that are subsequently notarized, the signer's prior execution of the document does not invalidate the notarization, provided the notary administers the acknowledgment correctly. This aligns with notary practices where a notary acts as an impartial witness rather than a participant in the signing process.

The other contexts mentioned, such as legal documents or financial transactions, do not change this fundamental aspect of notary practice. Notarization serves various purposes across different types of documents, but the essential requirement remains that the notary must confirm the signer's identity and intention, regardless of where the signing takes place.