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Appointment & Qualifications

Which of the following statements is NOT correct?

A

A New York-admitted attorney with a law office in the state may be appointed without examination.

B

The Secretary of State may appoint and commission as many notaries as he or she deems best.

C

Once the statutory qualifications are met, the Secretary of State must appoint the applicant.

D

A resident who moves out of New York and keeps no New York office or place of business vacates the office.

Correct Answer

C. Once the statutory qualifications are met, the Secretary of State must appoint the applicant.

AI Explanation

Appointment remains discretionary. Executive Law §130 says the Secretary of State may appoint as many notaries as deemed best and that appointment or reappointment is in the Secretary's discretion. For contrast, the attorney exemption and the resident-vacatur rule are both expressly stated in the booklet's "Appointment and Qualifications" section.

Appointment & Qualifications Question #201
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