New York State Notary Practice Exam

Who may not take the acknowledgment of parties in a written marriage contract?

1. A notary public

2. A married individual

3. An attorney

4. Any eligible person

The correct answer is: A notary public

The correct answer identifies individuals who have a conflict of interest in the transaction. A notary public, who serves as an impartial witness, should not take the acknowledgment of parties in a marriage contract when they themselves are a party to that contract. Acknowledgments require the notary to remain neutral, and if they are involved in the marriage contract, their impartiality is compromised. On the other hand, married individuals may be able to witness or take part in such agreements, provided they are not parties to the contract themselves. Attorneys can acknowledge parties in contracts as long as they maintain impartiality, and any eligible person can also act as a witness or acknowledge parties, as long as they are not directly involved in the contract. Thus, the restriction placed on notaries in this scenario ensures that the integrity of the acknowledgment process remains intact.