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Powers & Duties of Notary

A New York attorney who is also a commissioned notary is asked by a client to acknowledge a document in connection with the client’s matter. What does Executive Law §135 allow?

A

The attorney-notary may never take a client acknowledgment because that is a conflict per se.

B

The attorney-notary may, in discretion, administer the oath or take the affidavit or acknowledgment of the client in that matter.

C

The attorney-notary may do so only if another witness is present.

D

The attorney-notary may do so only outside New York County.

Correct Answer

B. The attorney-notary may, in discretion, administer the oath or take the affidavit or acknowledgment of the client in that matter.

AI Explanation

Attorney-notaries get a specific statutory permission. Executive Law §135 states that a notary who is an attorney regularly admitted in New York may, in discretion, administer an oath or take an affidavit or acknowledgment of the client in respect of the matter, claim, action, or proceeding. For contrast, this rule does not authorize a non-attorney notary to practice law for the client.

Powers & Duties of Notary Question #471
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