An attorney admitted in New York may be appointed a notary public without examination if the attorney maintains a law office within the state.
For notary purposes, such an attorney may be deemed a resident of the county where the law office is maintained even if the attorney lives in an adjoining state.
Any nonresident applicant, whether attorney or not, is automatically deemed a resident of Albany County for commission purposes.
A nonresident non-attorney may become a notary if the person has an office or place of business in New York State.
Correct Answer
C. Any nonresident applicant, whether attorney or not, is automatically deemed a resident of Albany County for commission purposes.
AI Explanation
Residency for nonresident applicants depends on the location of the qualifying office, not Albany by default. Executive Law §130 says attorneys admitted in New York with a law office in the state may be appointed without examination and are deemed residents of the county where the office is maintained; nonresident non-attorneys may also qualify if they have an office or place of business in New York. Not to be confused with general residence rules, the safer exam answer is to tie county status to the actual office location.
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