The acknowledgment is automatically void because any corporate stock ownership disqualifies the notary.
The notary may take the acknowledgment because Executive Law §138 allows this so long as the notary is not the party executing the instrument and has no disqualifying individual role in it.
The act is valid only if the county clerk first approves it in writing.
The notary may act only if the instrument does not bear the corporate seal.
Official source: Notary Public License Law (March 2026)
Reference: Executive Law §138
Source checked September 7, 2026
Correct Answer
B. The notary may take the acknowledgment because Executive Law §138 allows this so long as the notary is not the party executing the instrument and has no disqualifying individual role in it.
Detailed 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.
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