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Powers & Duties of Notary

Under Real Property Law §309, a corporate acknowledgment must be made by:

A

Any shareholder of the corporation

B

An officer or attorney in fact duly appointed, or for a dissolved corporation an officer, director, or duly appointed attorney in fact authorized to execute it

C

Only the Secretary of State

D

Any employee who knows the corporate seal

Correct Answer

B. An officer or attorney in fact duly appointed, or for a dissolved corporation an officer, director, or duly appointed attorney in fact authorized to execute it

Detailed Explanation

Corporate acknowledgments have a specific authorized actor rule. Real Property Law §309 provides that a corporation's acknowledgment must be made by an officer or attorney in fact duly appointed, and in the case of a dissolved corporation by an officer, director, or duly appointed attorney in fact authorized to execute the instrument. Not to be confused with Executive Law §138, which addresses when certain interested officers may take acknowledgments.

Powers & Duties of Notary Question #253
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