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Powers & Duties of Notary

Which of the following statements is NOT correct?

A

A New York notary public may administer the oath of a public officer.

B

A notary may charge $2 for administering the oath of office to a public officer or public employee.

C

Public Officers Law §69 prohibits fees for administering certain official oaths.

D

Executive Law §135 generally authorizes a notary to administer oaths and affirmations.

Correct Answer

B. A notary may charge $2 for administering the oath of office to a public officer or public employee.

AI Explanation

The second statement is incorrect. Public Officers Law §10 permits a notary to administer the oath of a public officer, but Public Officers Law §69 prohibits charging a fee for administering certain official oaths, including oaths of office for public officers and public employees. That makes this a classic New York fee trap: the ordinary oath is $2, but certain official oaths are free.

Powers & Duties of Notary Question #15
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