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Powers & Duties of Notary

Which of the following statements is NOT correct?

A

An acknowledgment must not be taken unless the officer knows or has satisfactory evidence that the person making it is the person described in and who executed the instrument.

B

When proof is made by a subscribing witness, the officer must be personally acquainted with the witness or have satisfactory evidence that the witness is the same person.

C

For a subscribing witness in a city, the witness’s street and street number, if any, should be stated.

D

A proof by subscribing witness may be taken even if the witness cannot state his or her residence.

Correct Answer

D. A proof by subscribing witness may be taken even if the witness cannot state his or her residence.

AI Explanation

Residence information is part of the statutory proof. Real Property Law §§304 and 306 require the subscribing witness to state his or her place of residence, and if in a city, the street and street number if any. Not to be confused with an acknowledgment by the principal, which focuses on the identity of the person who executed the instrument.

Powers & Duties of Notary Question #410
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