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Powers & Duties of Notary

Which of the following statements is NOT correct about a New York acknowledgment certificate form?

A

Under RPL §309-a, the form should substantially state that the individual personally appeared before the officer.

B

Under RPL §309-a, the form should substantially state that the individual acknowledged executing the instrument.

C

Under RPL §309-a, the form must substantially state that the officer certifies the truthfulness of the document contents.

D

Under RPL §309-a, the form may refer to satisfactory evidence of identity.

Correct Answer

C. Under RPL §309-a, the form must substantially state that the officer certifies the truthfulness of the document contents.

AI Explanation

Acknowledgment certificates speak to identity and execution, not truthfulness. Real Property Law §309-a substantially requires a statement of personal appearance, identity, execution, and capacity, but not a certification that the document’s contents are true. Not to be confused with an affidavit, which does involve an oath regarding the statement made by the affiant.

Powers & Duties of Notary Question #483
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