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Powers & Duties of Notary

Which of the following statements is NOT correct?

A

An acknowledgment requires knowledge or satisfactory evidence that the person is the one described in and who executed the instrument.

B

A subscribing witness proving execution must state residence details, including street and number if in a city.

C

An acknowledgment may be taken even if the officer has no basis to identify the signer, so long as the signer swears orally.

D

A proof certificate must include the substance of each witness's testimony.

Official source: Notary Public License Law (March 2026)

Reference: Real Property Law §§303-306

Source checked September 7, 2026

✓

Correct Answer

C. An acknowledgment may be taken even if the officer has no basis to identify the signer, so long as the signer swears orally.

Detailed Explanation

Identity remains essential for acknowledgments. Real Property Law §§303-306 require the officer to know or have satisfactory evidence of identity for an acknowledgment and to include the required proof details in the certificate. Not to be confused with the oath itself: merely swearing orally does not eliminate the separate identity requirement for an acknowledgment.

Powers & Duties of Notary Question #141
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