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.
Official source: Notary Public License Law (March 2026)
Reference: Powers & Duties of Notary
Source checked September 7, 2026
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.
Detailed 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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