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Powers & Duties of Notary

Under Real Property Law §303, an acknowledgment may be taken only if the officer:

A

Knows or has satisfactory evidence that the person making it is the person described in and who executed the instrument

B

Personally drafted the instrument

C

Has already filed a certificate of official character in every county of the state

D

Obtains two subscribing witnesses in every case

Correct Answer

A. Knows or has satisfactory evidence that the person making it is the person described in and who executed the instrument

AI Explanation

Identity of the acknowledging person is the statutory prerequisite. Real Property Law §303 says an acknowledgment must not be taken unless the officer knows or has satisfactory evidence that the person making it is the person described in and who executed the instrument. Unlike proof by subscribing witness under §304, this section does not require witness testimony in every case.

Powers & Duties of Notary Question #311
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