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Powers & Duties of Notary

A bank lawfully opens an unpaid safe deposit box after proper notice. Which statement best describes the notary's required certificate?

A

It must be filed with the lessor under seal, state the date of opening, the lessee's name, and a list of contents, and a copy must be mailed to the lessee within 10 days.

B

It is optional so long as the bank keeps an internal inventory.

C

It must be filed only with the Secretary of State.

D

It need identify the date of opening but not the contents.

Correct Answer

A. It must be filed with the lessor under seal, state the date of opening, the lessee's name, and a list of contents, and a copy must be mailed to the lessee within 10 days.

AI Explanation

The notary's certificate is central to the Banking Law procedure. Banking Law §335 requires the notary to file with the lessor a certificate under seal stating the date of opening, the lessee's name, and the contents, and a copy must be mailed to the lessee within 10 days. Unlike ordinary acknowledgments, this is a special inventory-and-certification function triggered by unpaid rental or lease termination.

Powers & Duties of Notary Question #289
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