§137. Statement as to authority of notaries public. Flashcards
How must a notary public perform an electronic notarial act in conformity w/ section 135-c of the executive law?
In addition to the venue of the act and signature of such notary public, shall print, typewrite, stamp, or affix by electronic means beneath their signature in black in the notary public’s name, the words “Notary Public State of New York,” the name of the county in which such notary public originally qualified, and the expiration date of such notary public’s commission and, in addition, wherever required, a notary public shall also include the name of any county in which such notary public’s certificate of official character is filed, using the words “Certificate filed ………………. County.”
What words can a notary public duly licensed as an attorney substitute the words “Attorney and Counselor at Law” with?
A notary public duly licensed as an attorney can substitute “Attorney and Counselor at Law” w/ the words “Notary Public.”
When does a notary’s official number(s) have to be affixed to each instrument?
1) When a notary public who has qualified or who has filed a certificate of official character in the office of the clerk in a county or counties within the City of New York
2)if the instrument is to be recorded in an office of the register of the City of New York in any county within such city and the notary has been given a number or numbers by such register or his predecessors in any county or counties
3) when the notary public’s autographed signature and certificate are filed in such office or offices pursuant to this chapter, the notary public shall also affix such number(s).
What will happen if a notary public willfully fails to comply with any of the provisions of section §137. Statement as to authority of notaries public?
No official act of such notary public shall be held invalid on account of the failure to comply with these provisions. If any notary public shall willfully fail to comply with any of the provisions of this section, the notary public shall be subject to disciplinary action by the secretary of state.
Shall the certificate of the notary public or the signature of the notary public be received as presumptive evidence of the facts in all courts within NYS?
The certificate of the notary public provided, that any person interested as a party to a suit may contradict, by other evidence, the certificate of a notary public.
