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Appointment & Qualifications

A nonresident non-attorney has a business office in Erie County and applies to become a New York notary. Where must the oath of office and signature be filed?

A

Only with the Secretary of State in Albany

B

With the county clerk of the county where the office or place of business is located

C

With any county clerk chosen by the applicant

D

With the clerk of the county of the applicant’s home residence outside New York

Correct Answer

B. With the county clerk of the county where the office or place of business is located

AI Explanation

For a nonresident non-attorney, the filing county follows the New York business location. The introduction and Executive Law §130 explain that such a person may become a notary if he or she has an office or place of business in New York State, and the oath and signature must be filed with the county clerk of that county. Unlike the attorney exception, the nonresident non-attorney is not deemed resident through an adjoining-state law office rule.

Appointment & Qualifications Question #327
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