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Appointment & Qualifications

If a commissioned New York resident moves out of state but keeps a real New York office or place of business, what is the safer exam answer?

A

The commission is automatically vacated because residency was lost.

B

The commission may continue because a New York office or place of business was retained.

C

The person may act only as an electronic notary thereafter.

D

The person must retake the exam before performing any further act.

Correct Answer

B. The commission may continue because a New York office or place of business was retained.

AI Explanation

Retaining the New York office preserves eligibility. Executive Law §130 says a resident who moves out of state but still maintains a place of business or office in New York does not vacate the office. Unlike a nonresident who closes the New York office, this person may continue to act.

Appointment & Qualifications Question #354
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