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Powers & Duties of Notary 2026 Law Update

Which Real Property Law statement is NOT correct here?

A

A notary who is a corporate employee may take acknowledgments for instruments to or by that corporation.

B

A notary who is a corporate officer may administer oaths to other corporate agents.

C

A notary may take the acknowledgment if the notary is personally a party executing the instrument for the corporation.

D

A notary may protest negotiable instruments held by the corporation unless the notary is personally a party or financially interested.

Official source: Notary Public License Law (March 2026)

Reference: Real Property Law statement; Executive Law §138

Source checked September 7, 2026 · Answer reviewed September 7, 2026

✓

Correct Answer

C. A notary may take the acknowledgment if the notary is personally a party executing the instrument for the corporation.

Detailed Explanation

Corporate employment does not erase personal-party disqualification. Executive Law §138 allows a notary who is a stockholder, director, officer, or employee of a corporation to act in many corporate matters, but not when that officer is personally a party executing the instrument. Unlike a routine corporate acknowledgment, a personally executed instrument remains disqualified.

Powers & Duties of Notary Question #66
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