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Powers & Duties of Notary

A New York notary is physically in Manhattan and performs an electronic acknowledgment for a principal located in France concerning property in New York. Which statement is most accurate?

A

The act may be valid if the New York notary is in New York and the record concerns U.S. property or another sufficient U.S. connection.

B

The act is invalid because the principal is outside the United States.

C

The act is valid only if the principal is also physically in New York.

D

The act is valid only if the document is later re-signed on paper before a second notary.

Correct Answer

A. The act may be valid if the New York notary is in New York and the record concerns U.S. property or another sufficient U.S. connection.

AI Explanation

Cross-border electronic acts require the New York notary to be in New York and the matter to have the required U.S. nexus. Executive Law §135-c(4)(a) allows an act for a principal outside the United States if the record relates to a matter before a U.S. official or court, involves U.S. property, or is substantially connected with the United States. Unlike paper notarizations, the principal's location abroad is not automatically disqualifying.

Powers & Duties of Notary Question #364
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