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Powers & Duties of Notary

When a protest is made and the notary has a seal, what must the notary do if asked to affix the seal?

A

Affix it only upon payment of a separate seal fee

B

Affix it free of expense unless otherwise provided

C

Affix it only if the county clerk first authenticates the signature

D

Never affix it because seals are prohibited in New York

Correct Answer

B. Affix it free of expense unless otherwise provided

AI Explanation

The seal is not a separate revenue item for a protest when the statute applies. Executive Law §135 states that every notary public having a seal shall, except as otherwise provided, and when requested, affix the seal to such protest free of expense. Not to be confused with the seventy-five-cent protest fee itself, the seal may not be billed as an extra line item.

Powers & Duties of Notary Question #319
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