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Appointment & Qualifications

A nonresident nonattorney keeps an office in Albany County. Where must the oath and signature be filed?

A

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

B

Only with the Secretary of State in Albany.

C

With any county clerk chosen by the applicant.

D

Nowhere, because nonresidents may not qualify unless they are attorneys.

Correct Answer

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

AI Explanation

Nonresident filing follows the business location. The Introduction and Executive Law §130 state that a nonresident other than an attorney may become a notary if the person has a New York office or place of business, and the oath and signature must be filed in the county where that office or place of business is located. Unlike attorney applicants, the county is not determined by a law office residency fiction unless the statute says so.

Appointment & Qualifications Question #171
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