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Fees & Administrative Procedures

For which of the following may a New York notary public NOT lawfully charge a fee?

A

Administering the oath of office to a public officer or public employee

B

Administering an ordinary oath for an affidavit

C

Taking an acknowledgment of a written instrument

D

Swearing a witness to a proof of execution

Correct Answer

A. Administering the oath of office to a public officer or public employee

AI Explanation

Public Officers Law §69 prohibits charging a fee for administering the oath of office to members of the legislature, military officers, inspectors of election, clerks of the poll, and other public officers or public employees. Do not confuse this with the ordinary $2 fee for a typical oath or affirmation under Executive Law §136.

Fees & Administrative Procedures Question #43
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