The protest is permitted because corporate affiliation always cures any personal-interest issue.
The protest is barred because Executive Law §138 does not allow the notary to protest a corporate instrument when the notary is individually a party to it or has a financial interest in it.
The protest is valid only if done on Sunday.
The protest is valid only if the instrument is first acknowledged.
Correct Answer
B. The protest is barred because Executive Law §138 does not allow the notary to protest a corporate instrument when the notary is individually a party to it or has a financial interest in it.
AI Explanation
Section 138 contains both a permission and a limit. A qualified notary affiliated with the corporation may protest negotiable instruments owned or held for collection by the corporation, but not if the notary is individually a party to the instrument or has a financial interest in the subject. Importantly, the exam often tests the exception and the limitation in the same fact pattern.
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