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Powers & Duties of Notary 2026 Law Update

A conveyance affecting New York real property is acknowledged in a foreign country. Under Real Property Law §301, which officer is among those authorized to take that acknowledgment?

A

Any travel agent licensed in the foreign country.

B

Only a New York notary public physically outside the state.

C

A notary public or other officer authorized by the foreign country's law to take acknowledgments.

D

Only the Secretary of State of New York.

Correct Answer

C. A notary public or other officer authorized by the foreign country's law to take acknowledgments.

AI Explanation

Foreign-country acknowledgments may be taken before several specified officers. Real Property Law §301 permits the act before named diplomatic or consular officers, certain judges or chief civil officers, specially commissioned persons, and also before a notary public or other officer authorized by the law of the foreign country to take acknowledgments or proofs. Unlike within-state authority under Real Property Law §298, this section focuses on who may act abroad.

Powers & Duties of Notary Question #324
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