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Appointment & Qualifications

A New York attorney moves to New Jersey but keeps a law office in Brooklyn. What is correct?

A

The attorney automatically vacates the notary office because of the move.

B

The attorney may retain the notary office and is deemed a resident of the county where the office is maintained.

C

The attorney must retake the examination within 30 days.

D

The attorney may act only in Kings County thereafter.

Correct Answer

B. The attorney may retain the notary office and is deemed a resident of the county where the office is maintained.

AI Explanation

Attorneys get a special residency rule. Executive Law §130(2) provides that an attorney admitted in New York whose law office is within the State may be appointed and retain office as a notary even though the attorney resides in or removes to an adjoining state, and is deemed a resident of the county where the office is maintained. Unlike an ordinary nonresident, the attorney does not need a separate business-place analysis.

Appointment & Qualifications Question #116
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