NotaryExamPrep logo NotaryExamPrep
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.

Official source: Notary Public License Law (March 2026)

Reference: Executive Law §137

Source checked September 7, 2026

✓

Correct Answer

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

Detailed 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
🔒

See the Correct Answer & Detailed Explanation

Try 10 free preview questions with instant feedback, official source references, and detailed explanations. Full access includes all 500 New York questions.

Start the 10-Question Free Preview

No credit card required · Interactive quiz simulator