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Powers & Duties of Notary

Which of the following statements is NOT correct?

A

Under Executive Law §137, a notary must include the venue of the act.

B

A New York notary who is also an attorney may substitute “Attorney and Counselor at Law” for “Notary Public.”

C

A willful failure to comply with §137 may subject the notary to disciplinary action.

D

Any failure to comply with §137 automatically makes the official act void.

Correct Answer

D. Any failure to comply with §137 automatically makes the official act void.

AI Explanation

Section 137 contains a specific saving clause. Executive Law §137 states that no official act of a notary public shall be held invalid on account of failure to comply with these provisions, though willful noncompliance may lead to discipline. Not to be confused with fraudulent or unauthorized acts, which can create entirely different problems of validity and criminal exposure.

Powers & Duties of Notary Question #413
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