After six months, subdivision (1) may cure certain defects even if the officer had vacated office by change of residence or acceptance of another public office.
The statute does not relieve a notary from criminal liability imposed by reason of the act.
A person who knew of the defect may always rely on §142-a immediately and without limitation.
The statute covers some defects such as omission to take or file an oath, expiration of term, or action outside the authorized jurisdiction.
Correct Answer
C. A person who knew of the defect may always rely on §142-a immediately and without limitation.
AI Explanation
The curative statute has limits. Executive Law §142-a(3) says a person may not use the statute to overcome a defect if the person knew of the defect or if it was apparent on the face of the certificate, subject to the six-month language in that subdivision. For contrast, §142-a can preserve validity against certain formal defects, but §142-a(5) expressly does not eliminate criminal liability.
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