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Powers & Duties of Notary

A county clerk receives a request to authenticate a notary's signature on an acknowledgment already signed in another New York county. What is the safer exam answer?

A

The county clerk may issue the authentication if the notary qualified or filed an autograph signature and official-character certificate in that clerk's office.

B

Only the Secretary of State may ever authenticate a New York notary's signature.

C

Authentication is available only for electronic notarizations.

D

Authentication is free because it is a public record search.

Correct Answer

A. The county clerk may issue the authentication if the notary qualified or filed an autograph signature and official-character certificate in that clerk's office.

AI Explanation

County-clerk authentication depends on filing history, not on where the act occurred. Executive Law §133 permits the county clerk of a county where the notary has qualified or filed autograph signature and official character to certify the signature on an acknowledgment or oath signed anywhere in New York. For contrast, §132 covers official character certificates in a broader sense.

Powers & Duties of Notary Question #368
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