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Powers & Duties of Notary

Under RPL §306, what must a certificate of proof state about a subscribing witness?

A

Only the witness's county of residence.

B

The witness's name and substance of testimony, and if a subscribing witness, the place of residence.

C

Only that the witness was over age eighteen.

D

That the witness paid the $2 swearing fee.

Correct Answer

B. The witness's name and substance of testimony, and if a subscribing witness, the place of residence.

AI Explanation

Certificate content is prescribed, not optional. Real Property Law §306 requires the certificate of acknowledgment or proof to state the matters done, known, or proved, together with the name and substance of the testimony of each witness examined and, if a subscribing witness, the place of residence. Unlike the uniform form itself, §306 focuses on what facts the certificate must contain.

Powers & Duties of Notary Question #134
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