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Powers & Duties of Notary

A town officer needs to take an official oath before assuming duties. May a New York notary administer that oath?

A

No. Only a judge of a court of record may administer an official oath.

B

Yes. A notary public may administer the oath of a public officer.

C

Yes, but only if the public officer is in the notary’s county of qualification.

D

No. A notary may take affidavits but may not administer official oaths.

Correct Answer

B. Yes. A notary public may administer the oath of a public officer.

AI Explanation

A New York notary may administer an official oath of office. Public Officers Law §10, quoted in the booklet under “Administering Oath of Public Officer,” permits the oath of a public officer to be administered by a notary public. For contrast, Public Officers Law §69 deals with the fee prohibition for certain official oaths, not with who is authorized to administer them.

Powers & Duties of Notary Question #302
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