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Misconduct & Prohibited Acts 2026 Law Update

Taking an acknowledgment over the telephone without personal appearance is:

A

Permitted if later confirmed by email

B

Permitted for wills only

C

Illegal

D

Valid if the notary knows the signer's voice

Correct Answer

C. Illegal

AI Explanation

Telephone notarization without personal appearance is illegal. The booklet’s "Professional Conduct" section states that taking acknowledgments or affidavits over the telephone, or otherwise, without the actual personal appearance of the individual before the notary is illegal. For contrast, communication technology may be used only within the separate electronic-notarization framework of Executive Law §135-c and Part 182.

Misconduct & Prohibited Acts Question #89
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