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Powers & Duties of Notary

Which of the following statements is NOT correct?

A

A corporate employee who is not the executing party may, in some cases, take acknowledgments involving the corporation.

B

A corporate notary may protest negotiable instruments held by the corporation if the notary is not individually a party and has no financial interest in the subject.

C

A corporate officer notary may take the acknowledgment of an instrument executed by the corporation even when the notary is the party signing it for the corporation.

D

Executive Law §138 confirms certain acknowledgments previously taken by covered officers.

Correct Answer

C. A corporate officer notary may take the acknowledgment of an instrument executed by the corporation even when the notary is the party signing it for the corporation.

AI Explanation

Corporate exceptions have a clear limit. Executive Law §138 permits certain corporate-affiliated officers, employees, and notaries to take acknowledgments involving the corporation, but not when the officer taking the acknowledgment is also the party executing the instrument. Unlike a merely affiliated employee who is not signing, the executing officer cannot notarize that execution.

Powers & Duties of Notary Question #179
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