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Appointment & Qualifications

Which of the following statements is NOT correct?

A

A nonresident non-attorney may qualify if the person has an office or place of business in New York State.

B

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

C

A nonresident who accepts the office in New York thereby appoints the county clerk as the person upon whom process may be served.

D

The appointment of a notary public is for a term of four years.

Correct Answer

C. A nonresident who accepts the office in New York thereby appoints the county clerk as the person upon whom process may be served.

AI Explanation

Service-of-process designation is a New York feature for nonresident notaries. Executive Law §130 provides that a nonresident who accepts the office appoints the Secretary of State, not a county clerk, as the person upon whom process may be served. For contrast, county clerks handle filing and recordkeeping, not this statutory appointment for service.

Appointment & Qualifications Question #401
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