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Powers & Duties of Notary 2026 Law Update

Which statement about Executive Law §142-a is NOT correct?

A

Executive Law §142-a may validate acts despite expiration of the commission.

B

Executive Law §142-a may validate acts despite omission to file the oath.

C

Executive Law §142-a relieves the notary from criminal liability for the act.

D

After six months, a known or apparent defect generally cannot be used to defeat the act under that section.

Official source: Notary Public License Law (March 2026)

Reference: Executive Law §142-a

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

✓

Correct Answer

C. Executive Law §142-a relieves the notary from criminal liability for the act.

Detailed Explanation

Section 142-a is a curative statute, not a criminal immunity statute. Executive Law §142-a validates certain acts despite defects such as ineligibility, failure to qualify, expiration, or acting outside jurisdiction, but subdivision (5) states it does not relieve criminal liability. For contrast, the section may protect the validity of the certificate while still leaving the notary exposed to discipline or prosecution.

Powers & Duties of Notary Question #63
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