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Powers & Duties of Notary

Which of the following statements about CPLR §2309 is NOT correct?

A

Unless otherwise provided, an oath or affirmation may be administered by a person authorized to take acknowledgments of deeds.

B

Section 2309 applies to an oath of office in the same way it applies to other oaths or affirmations.

C

An oath or affirmation must be administered in a form calculated to awaken conscience and impress the mind of the person taking it.

D

An oath or affirmation taken without the state may be treated as if taken within the state if accompanied by the required certificates.

Correct Answer

B. Section 2309 applies to an oath of office in the same way it applies to other oaths or affirmations.

AI Explanation

CPLR §2309 expressly excludes oaths of office. Subdivision (a) authorizes certain persons to administer oaths and affirmations, subdivision (b) gives the required form principle, and subdivision (c) addresses out-of-state oaths. Not to be confused with Public Officers Law §10, which specifically permits a notary to administer an official oath.

Powers & Duties of Notary Question #258
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