The act is automatically invalid because the principal is outside the United States.
The act may proceed because the notary is in New York and the principal verbally confirmed a United States filing or connection that satisfies Executive Law §135-c and 19 NYCRR §182.4(a)(9).
The act may proceed only if the county clerk where the notary qualified first authenticates the signer’s identity.
The act may proceed only if the principal is personally known to the notary.
Correct Answer
B. The act may proceed because the notary is in New York and the principal verbally confirmed a United States filing or connection that satisfies Executive Law §135-c and 19 NYCRR §182.4(a)(9).
AI Explanation
A principal may be abroad if the extra cross-border condition is satisfied. Executive Law §135-c(4)(a) and 19 NYCRR §182.4(a)(9) allow the electronic act when the notary is physically in New York and the principal, during the recorded act, confirms that the record or subject matter is connected to a United States filing, entity, court, or property/transaction. Unlike an ordinary domestic remote act, an out-of-country appearance requires this added subject-matter nexus.
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