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Powers & Duties of Notary

When a county clerk issues an authentication certificate under Executive Law §133, the certificate states, among other things, that:

A

the notary was duly authorized at the time of the act and the signature is believed genuine

B

the notary drafted the underlying instrument correctly

C

the document is truthful in all substantive respects

D

the signer was mentally competent as a matter of law

Correct Answer

A. the notary was duly authorized at the time of the act and the signature is believed genuine

AI Explanation

Authentication concerns the notary, not the document’s truth. Executive Law §133 says the county clerk certifies that the notary’s commission or certificate of official character is on file, that the notary was duly authorized at the time, and that the signature is believed genuine. For contrast, authentication does not certify the substantive correctness of the underlying document.

Powers & Duties of Notary Question #412
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