It may validate certain notarial acts despite defects such as ineligibility, misnomer, omitted oath, expiration of term, or vacating office.
A person who knew of the defect, or where the defect was apparent on the face of the certificate, may not rely on the section to overcome the defect before six months have passed.
The section relieves the notary from any criminal liability arising from the act once six months have passed.
After six months, the section also addresses certain date/place omissions or errors in a commissioner of deeds certificate.
Correct Answer
C. The section relieves the notary from any criminal liability arising from the act once six months have passed.
AI Explanation
Section 142-a is a curative-validity statute, not a criminal amnesty provision. Executive Law §142-a(1)-(5) validates certain acts despite listed defects and limits who may assert defects, but subdivision (5) expressly says the section does not relieve any notary public or commissioner of deeds from criminal liability. Not to be confused with curing recordability or evidentiary defects, the statute does not erase crimes.
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