A notary is vice-president and stockholder of a corporation and is asked to take the acknowledgment of another officer's signature on a corporate instrument. The notary is not the person executing the instrument. What is the correct rule?

AI Explanation

Corporate status alone does not always disqualify the notary. Executive Law §138 allows a notary who is a stockholder, director, officer, or employee of a corporation to take the acknowledgment or proof of a party to an instrument executed to or by that corporation, unless the notary is the party executing it or otherwise falls within the statute's prohibition. Not to be confused with the broader "Notary public—disqualifications" rule for direct personal interest.