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Powers & Duties of Notary

A bank vice president who is also a notary signs a mortgage for the bank. May that notary take the acknowledgment?

A

Yes, because corporate officers may always notarize their own signatures.

B

Yes, if the bank consents in writing.

C

No, because a notary who is a party executing the instrument may not take that acknowledgment.

D

No, unless a county clerk first issues an authentication certificate.

Correct Answer

C. No, because a notary who is a party executing the instrument may not take that acknowledgment.

AI Explanation

Corporate-capacity limits matter. Executive Law §138 permits certain corporate stockholders, directors, officers, or employees to take acknowledgments involving the corporation, but not when the officer taking the acknowledgment is also a party executing the instrument. By contrast, the same notary may administer an oath to another officer or agent of the corporation if the notary is not the executing party.

Powers & Duties of Notary Question #103
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