2 questions

Prohibited

A New York notary is named as the grantee in a deed presented for acknowledgment. What should the notary do?

  • a.Notarize it for $2
  • b.Decline—the notary is a party with a disqualifying interest
  • c.Notarize it if a witness is present
  • d.Certify a copy instead

A notary who is a party to the instrument or has a direct beneficial/financial interest is disqualified from notarizing it. As the grantee, the notary has a clear interest and must decline. Doing otherwise is misconduct and can void the act.

Prohibited

Issuing a notarial certificate the New York notary knows to be false can result in:

  • a.A warning only
  • b.Nothing
  • c.Removal from office and criminal penalties
  • d.A higher fee cap

Knowingly executing a false certificate is serious misconduct in New York. It can lead to removal by the Secretary of State, criminal penalties (it can be a misdemeanor), and civil liability to injured parties. Notarial integrity is strictly enforced.

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