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Powers & Duties of Notary

An oath is taken without the state. Under CPLR §2309(c), when will it be treated as if taken within New York?

A

Only when a county clerk in Albany certifies it in advance

B

When it is accompanied by the certificate or certificates that would be required for an out-of-state deed acknowledgment to be recorded within the state

C

Only when taken before a New York notary public physically outside the state

D

Never; out-of-state oaths are always invalid in New York

Correct Answer

B. When it is accompanied by the certificate or certificates that would be required for an out-of-state deed acknowledgment to be recorded within the state

AI Explanation

The CPLR uses the recording-certificate analogy. CPLR §2309(c) states that an oath or affirmation taken without the state is treated as if taken within the state if accompanied by the certificate or certificates that would be required for an out-of-state deed acknowledgment to be recorded in New York. Not to be confused with the separate rules for remote electronic notarization under Executive Law §135-c and Part 182.

Powers & Duties of Notary Question #291
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