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Powers & Duties of Notary

A bank gives only 20 days' notice before opening a safe deposit box for nonpayment. May it proceed lawfully?

A

Yes, if a notary is present during the opening.

B

Yes, if the lessee later receives a copy of the certificate.

C

No, because the statute requires at least 30 days' proper notice before opening.

D

No, unless a judge signs the inventory.

Correct Answer

C. No, because the statute requires at least 30 days' proper notice before opening.

AI Explanation

Timing is part of the Banking Law procedure. Banking Law §335 allows the lessor to open the box in the presence of a notary only after at least 30 days following proper notice to the lessee. Unlike the later ten-day mailing requirement, this thirty-day notice period comes before the box may be opened at all.

Powers & Duties of Notary Question #120
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