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Powers & Duties of Notary 2026 Law Update

Regarding corporate-interest exceptions under Executive Law §138, which statement is NOT correct?

A

A notary who is an officer or employee of a corporation may sometimes notarize instruments for that corporation.

B

A notary who is a party executing the instrument for that corporation may not take that acknowledgment or proof.

C

A notary who is a stockholder of the corporation is automatically barred from every oath or acknowledgment involving the corporation.

D

A notary may protest negotiable instruments owned or held for collection by such corporation if the notary is not individually a party and has no financial interest in the subject.

Correct Answer

C. A notary who is a stockholder of the corporation is automatically barred from every oath or acknowledgment involving the corporation.

AI Explanation

Corporate affiliation does not create an absolute bar. Executive Law §138 allows certain officers, employees, or stockholders to take acknowledgments or administer oaths for the corporation, but forbids the act where the notary is the party executing the instrument or has the prohibited interest. For contrast, being merely a small stockholder is not the same as being the executing party.

Powers & Duties of Notary Question #365
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