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Powers & Duties of Notary

Which notary is disqualified from taking the acknowledgment?

A

A notary who is the grantor on the deed being acknowledged.

B

A notary who is an employee of a corporation but is not signing the instrument.

C

A notary who is an attorney taking a client's acknowledgment.

D

A notary who previously filed a certificate of official character in another county.

Correct Answer

A. A notary who is the grantor on the deed being acknowledged.

AI Explanation

Direct beneficial interest disqualifies the officer. The booklet's "Notary public—disqualifications" section says a notary who is a party to or directly and pecuniarily interested in the transaction cannot act, and a grantor plainly fits that rule. Unlike a mere corporate employee notary covered by Executive Law §138, a grantor is personally executing the instrument.

Powers & Duties of Notary Question #172
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