The attorney automatically loses the notary office because only New York residents may serve.
The attorney may retain the notary office and is deemed a resident of the county where the law office is maintained.
The attorney may retain the office only if a second examination is passed after moving.
The attorney becomes a statewide resident not tied to any county.
Official source: Notary Public License Law (March 2026)
Reference: Executive Law §130(2)
Source checked September 7, 2026
Correct Answer
B. The attorney may retain the notary office and is deemed a resident of the county where the law office is maintained.
Detailed Explanation
Attorneys are treated specially for county residence purposes. Executive Law §130(2) states that a person regularly admitted to practice in New York whose law office is within the state may be appointed and retain the office although residing in or moving to an adjoining state, and is deemed a resident of the county where the office is maintained. Unlike non-attorney nonresidents, the analysis turns on the law office.
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