A notary who is also an attorney admitted in New York may take the affidavit or acknowledgment of a client in matters involving that client.
Any notary, even if not an attorney, may give legal advice so long as no separate fee is charged.
Misconduct in performing notarial powers can make the notary liable to injured parties for damages.
A notary may protest certain negotiable instruments for nonacceptance or nonpayment.
Correct Answer
B. Any notary, even if not an attorney, may give legal advice so long as no separate fee is charged.
AI Explanation
Legal advice remains outside the authority of a nonattorney notary. Executive Law §135 allows an attorney-notary to take a client's affidavit or acknowledgment, but the booklet's 'Professional Conduct' section warns that a notary who is not a lawyer may not practice law. For contrast, §135 does authorize protests and creates civil liability for misconduct.
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