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Electronic & Remote Online Notarization (RON)

An electronic notary reviews a record presented by a person claiming to sign for a company, but the record and surrounding evidence do not satisfy the notary that the person has representative capacity. What is the safer exam answer?

A

The notary must proceed if identity has been verified.

B

The notary may refuse because the notary is not satisfied that the record evidences the individual's capacity to act as representative.

C

The notary must proceed and let the county clerk decide later.

D

The notary may proceed only if the person signs twice.

Correct Answer

B. The notary may refuse because the notary is not satisfied that the record evidences the individual's capacity to act as representative.

AI Explanation

Representative-capacity concerns can justify refusal. 19 NYCRR §182.3(a)(6) requires a notary to refuse when the requirements of the Part are not met or when the notary is not satisfied that the official or presented record evidences the individual's capacity to act as representative on the record. For contrast, mere inconvenience is not a statutory reason to refuse.

Electronic & Remote Online Notarization (RON) Question #282
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