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Powers & Duties of Notary

A corporate conveyance is acknowledged under the RPL §309 form that refers to a corporate seal. Which statement by the corporate officer belongs in that form?

A

That the officer knows the seal, the seal affixed is the corporate seal, it was affixed by board authority, and the signature was made by like authority

B

That every shareholder personally approved the instrument

C

That the county clerk previously authenticated the seal

D

That the corporation has never been dissolved

Correct Answer

A. That the officer knows the seal, the seal affixed is the corporate seal, it was affixed by board authority, and the signature was made by like authority

AI Explanation

One of the alternative §309 forms specifically addresses the corporate seal and board authority. Real Property Law §309(2) includes a form in which the officer states knowledge of the corporate seal, that the seal affixed is such seal, that it was affixed by authority of the board, and that the name was signed by like authority. Not to be confused with the simpler alternative form that omits the seal language.

Powers & Duties of Notary Question #286
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