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Misconduct & Prohibited Acts

A notary knowingly makes a false certificate that a deed was acknowledged by the signer. Under the booklet, that conduct may constitute:

A

Only a civil wrong

B

Forgery in the second degree, a class D felony

C

Issuing a false certificate, a class A misdemeanor

D

No crime if the document was later recorded

Correct Answer

B. Forgery in the second degree, a class D felony

Detailed Explanation

False acknowledgment certificates can rise to forgery. The booklet note on “Fraudulent certificates of acknowledgment” ties this conduct to Penal Law §170.10 and Penal Law §70.00(2)(d), making it a class D felony. Not to be confused with Penal Law §175.40, issuing a false certificate, which is a class E felony with a lower maximum term.

Misconduct & Prohibited Acts Question #463
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