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Powers & Duties of Notary

Section 142-a mainly provides that certain official acts of notaries are not invalidated by listed defects. Which statement is most accurate?

A

The section also eliminates any criminal liability that might otherwise arise from the act.

B

The section can never apply after six months.

C

The section does not relieve a notary from criminal liability and does not enlarge the notary’s actual authority.

D

The section makes every defective acknowledgment automatically valid even when the defect was known on the face of the certificate.

Correct Answer

C. The section does not relieve a notary from criminal liability and does not enlarge the notary’s actual authority.

AI Explanation

The curative rule is limited. Executive Law §142-a(5) states that the section does not relieve any notary from criminal liability, enlarge the actual authority of the officer, or limit other validating rules of law. Not to be confused with the section’s separate protection against certain technical defects after the statutory conditions are met.

Powers & Duties of Notary Question #417
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