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Appointment & Qualifications

Which of the following statements is NOT correct?

A

Appointment or reappointment as a notary public is in the discretion of the Secretary of State.

B

A qualifying Unified Court System court clerk may fall within the no-exam exception described in Executive Law §130.

C

A nonresident other than an attorney may become a notary without any New York office or place of business.

D

A resident who moves out of state but keeps a New York office or place of business does not automatically vacate the office.

Correct Answer

C. A nonresident other than an attorney may become a notary without any New York office or place of business.

AI Explanation

The business-office requirement remains essential for nonresident non-attorneys. Executive Law §130 allows nonresidents other than attorneys to become notaries only if they have an office or place of business in New York State. In contrast, a resident who leaves the state but keeps a New York office or place of business may retain the office.

Appointment & Qualifications Question #236
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