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Misconduct & Prohibited Acts

A notary is paid to prepare a deed for a customer and then threatens to appear in court if the customer does not pay more. Which statement is most accurate?

A

Only Executive Law §135-a is implicated because the person is a notary.

B

The conduct may implicate Judiciary Law §484 because preparing deeds for compensation is reserved to attorneys, and §485 makes violation a misdemeanor.

C

The conduct is proper if the notary later takes the acknowledgment personally.

D

No unauthorized-practice issue exists unless the deed is filed the same day.

Official source: Notary Public License Law (March 2026)

Reference: Judiciary Law §484

Source checked September 7, 2026

✓

Correct Answer

B. The conduct may implicate Judiciary Law §484 because preparing deeds for compensation is reserved to attorneys, and §485 makes violation a misdemeanor.

Detailed Explanation

Preparing deeds for compensation is classic unauthorized-practice territory. Judiciary Law §484 reserves such legal work to admitted attorneys, and §485 makes certain violations a misdemeanor. Not to be confused with merely notarizing an already-prepared deed, which is an authorized notarial act if other requirements are met.

Misconduct & Prohibited Acts Question #385
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