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Powers & Duties of Notary

Which statement about Sunday notarial acts in New York is legally accurate?

A

A notary may administer an oath or take an affidavit or acknowledgment on Sunday, but a deposition in a civil proceeding cannot be taken on Sunday.

B

A notary may take a deposition on Sunday, but may not take an acknowledgment.

C

A notary may not perform any notarial act on Sunday.

D

A notary may solemnize a marriage on Sunday if both parties consent.

Correct Answer

A. A notary may administer an oath or take an affidavit or acknowledgment on Sunday, but a deposition in a civil proceeding cannot be taken on Sunday.

Detailed Explanation

The official definitions section states that a notary may administer an oath or take an affidavit or acknowledgment on Sunday. However, a deposition cannot be taken on Sunday in a civil proceeding. This often appears with a second trap: a notary also may not solemnize a marriage or take the acknowledgment of parties and witnesses to a written contract of marriage.

Powers & Duties of Notary Question #13
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