The notary may never act in any corporate matter once the notary owns stock.
The notary may administer the oath because Executive Law §138 permits covered corporate-affiliated officers or employees to administer oaths to other corporate agents in appropriate cases.
The notary may act only if a judge first approves the oath.
The oath is invalid unless the notary resigns the stock ownership first.
Official source: Notary Public License Law (March 2026)
Reference: Executive Law §138
Source checked September 7, 2026
Correct Answer
B. The notary may administer the oath because Executive Law §138 permits covered corporate-affiliated officers or employees to administer oaths to other corporate agents in appropriate cases.
Detailed Explanation
Corporate affiliation alone is not an automatic bar. Executive Law §138 permits a notary who is a stockholder, director, officer, or employee of a corporation to administer an oath of another stockholder, director, officer, employee, or agent of that corporation. In contrast, the notary still may not take an acknowledgment when the notary is personally the party executing the instrument.
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