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Misconduct & Prohibited Acts

A non-attorney notary prints flyers saying, "I can prepare all your deeds, mortgages, and estate papers cheaply." What is the safer exam answer?

A

The statement is acceptable if the notary also offers acknowledgments.

B

The statement is improper because the notary may not claim powers or rights not given by law.

C

The statement is acceptable if the notary includes a commission expiration date.

D

The statement creates no issue unless the flyers are in a foreign language.

Correct Answer

B. The statement is improper because the notary may not claim powers or rights not given by law.

AI Explanation

The problem is broader than foreign-language advertising. In "Professional Conduct," the booklet says a non-attorney notary may not advertise or circulate anything suggesting powers or rights not actually given by law. In contrast, Executive Law §135-b covers additional rules for foreign-language advertising, but ordinary false-claims advertising is already condemned in the booklet.

Misconduct & Prohibited Acts Question #232
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