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 Jun. 22, 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‑C
Major renewable energy development program
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

Accessed:
Jun. 22, 2024

Last modified:
Sep. 22, 2014

§ 138’s source at nysenate​.gov

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