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Powers & Duties of Notary

If a notary willfully fails to comply with Executive Law §137, which result is most accurate?

A

Every affected act is automatically void.

B

The notary is subject to disciplinary action, but the act is not invalid solely for that failure.

C

The notary commits forgery in the second degree.

D

The county clerk must issue an authentication certificate to cure the defect.

Correct Answer

B. The notary is subject to disciplinary action, but the act is not invalid solely for that failure.

AI Explanation

Section 137 draws a distinction between validity and discipline. Executive Law §137 states that no official act of a notary public shall be held invalid because of failure to comply with those signature-block provisions, but a willful failure subjects the notary to disciplinary action. Importantly, that is different from a knowingly false certificate, which can create much more serious consequences.

Powers & Duties of Notary Question #196
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