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Misconduct & Prohibited Acts

Which of the following statements is NOT correct?

A

A person who holds himself out as entitled to act as a notary public without first being appointed may be guilty of a misdemeanor.

B

A commissioned notary who practices fraud or deceit in office, where no other punishment is provided, may be guilty of a misdemeanor.

C

Every misuse of the title “notary public” is only a civil violation and never a crime.

D

Executive Law §135-a addresses acting without appointment and fraud in office.

Correct Answer

C. Every misuse of the title “notary public” is only a civil violation and never a crime.

AI Explanation

Unauthorized holding out can be criminal in New York. Executive Law §135-a makes it a misdemeanor for a person to hold himself or herself out as being entitled to act as a notary public or commissioner of deeds without appointment, and likewise for certain fraud or deceit in office. For contrast, §135-b adds civil-penalty exposure for certain advertising violations.

Misconduct & Prohibited Acts Question #431
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