N.Y. Executive Law Section 138
Powers of notaries public or other officers who are stockholders, directors, officers or employees of a corporation

A notary public, justice of the supreme court, a judge, clerk, deputy clerk, or special deputy clerk of a court, an official examiner of title, or the mayor or recorder of a city, a justice of the peace, surrogate, special surrogate, special county judge, or commissioner of deeds, who is a stockholder, director, officer or employee of a corporation may take the acknowledgment or proof of any party to a written instrument executed to or by such corporation, or administer an oath to any other stockholder, director, officer, employee or agent of such corporation, and such notary public may protest for non-acceptance or non-payment, bills of exchange, drafts, checks, notes and other negotiable instruments owned or held for collection by such corporation; but none of the officers above named shall take the acknowledgment or proof of a written instrument by or to a corporation of which he is a stockholder, director, officer or employee, if such officer taking such acknowledgment or proof be a party executing such instrument, either individually or as representative of such corporation, nor shall a notary public protest any negotiable instruments owned or held for collection by such corporation, if such notary public be individually a party to such instrument, or have a financial interest in the subject of same. All such acknowledgments or proofs of deeds, mortgages or other written instruments, relating to real property heretofore taken before any of the officers aforesaid are confirmed. This act shall not affect any action or legal proceeding now pending.

Source: Section 138 — Powers of notaries public or other officers who are stockholders, directors, officers or employees of a corporation, https://www.­nysenate.­gov/legislation/laws/EXC/138 (updated Sep. 22, 2014; accessed Oct. 26, 2024).

90
Department of state 91
Rules 92
Deputies 93
Custody of records 93‑A
Examination of reports 94
Commission on ethics and lobbying in government 94‑A
Consumer protection division 94‑B
Office for new Americans 94‑D
New York Asian American and Pacific Islander commission 95
Legislative manual 96
Fees and refunds 96‑A
Fees for services rendered pursuant to the uniform commercial code 97
Completing unfinished papers 97‑A
Affirmation in lieu of oath 98
Copies of amendments to rules for admission of attorneys 99
Central state registry of security guards 100
Central state registry of armored car guards 100‑A
Information on state agencies pertaining to persons subjected to section seventy-three-a of the public officers law and who hold policy-m... 100‑B
Business entity database 101
Accessibility, rules and regulations 101‑A
Legislative notification of the proposed adoption, amendment, suspension or repeal of agency rules 101‑B
Application by municipal corporations for the suspension of certain rules 102
Filing and publication of codes, rules and regulations 103
Future editions and supplements of official compilations 104
Departmental cooperation 104‑A
Departmental cooperation regarding water quality 105
Changes in codes, rules or regulations 106
Proof of codes, rules and regulations 106‑A
Internet access to the New York code, rules and regulations 107
Intergovernmental agreements 108
Address confidentiality program 109
Registration of certain service providers 110
Administration of certain monies 130
Appointment of notaries public 131
Procedure of appointment 132
Certificates of official character of notaries public 133
Certification of notarial signatures 134
Signature and seal of county clerk 135
Powers and duties 135‑A
Notary public or commissioner of deeds 135‑B
Advertising by notaries public 135‑C
Electronic notarization 136
Notarial fees 137
Statement as to authority of notaries public 138
Powers of notaries public or other officers who are stockholders, directors, officers or employees of a corporation 139
Commissioners of deeds within the state 140
Commissioners of deeds in the city of New York 141
Commissioners of deeds in other states, territories and foreign countries 142
Powers of such commissioners 142‑A
Validity of acts of notaries public and commissioners of deeds notwithstanding certain defects 143
Fees of such commissioners 144
Saving clause 144‑A
Eligible professions for the purchase, sale, and use of body armor
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Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 138’s source at nysenate​.gov

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