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

§ 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.