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Misconduct & Prohibited Acts

Which of the following statements is NOT correct?

A

A non-attorney notary who advertises notarial services in a language other than English must include the required disclaimer in that same language.

B

Using foreign-language terms that imply the notary is an attorney licensed to practice law is prohibited.

C

A first violation of Executive Law §135-b may expose the violator to a civil penalty of up to $1,000.

D

Executive Law §135-b applies in the same way to attorneys-at-law admitted to practice in New York.

Correct Answer

D. Executive Law §135-b applies in the same way to attorneys-at-law admitted to practice in New York.

AI Explanation

Attorneys admitted to practice in New York are expressly carved out of this section. Executive Law §135-b(1) says the section does not apply to attorneys-at-law admitted to practice in New York, while subdivisions (2)-(5) impose disclaimer, language-use, and penalty rules on non-attorney notaries. For contrast, Judiciary Law restrictions on unauthorized practice remain important for non-attorneys, but §135-b itself has the attorney exemption.

Misconduct & Prohibited Acts Question #341
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