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Misconduct & Prohibited Acts

A notary takes an acknowledgment over the telephone without the signer personally appearing. Under the booklet, that practice is:

A

Legal if the notary personally knows the signer

B

Illegal and treated as serious misconduct

C

Legal if the call is recorded

D

Allowed for attorneys but not for other notaries

Correct Answer

B. Illegal and treated as serious misconduct

AI Explanation

Personal appearance is a core New York requirement. The booklet’s “Professional Conduct” section states that taking acknowledgments or affidavits over the telephone, without actual personal appearance, is illegal. For contrast, remote notarization must comply with Executive Law §135-c and Part 182; an ordinary phone call is not communication technology satisfying those rules.

Misconduct & Prohibited Acts Question #482
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