Only when a county clerk in Albany certifies it in advance
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
Only when taken before a New York notary public physically outside the state
Never; out-of-state oaths are always invalid in New York
Official source: Notary Public License Law (March 2026)
Reference: Executive Law §135-c; CPLR §2309(c); CPLR uses; Part 182
Source checked September 7, 2026
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
Detailed 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.
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