A newly appointed New York notary public begins administering affidavits for customers before taking and duly filing the required oath of office. Under the source material, what is the legal consequence of performing those notarial functions at that time?
The source states a notary must not act before taking and duly filing the required oath of office; performing official functions first is a misdemeanor, regardless of whether a fee is charged.
A notary is not guilty of a misdemeanor for performing functions before filing the oath.
No notarial acts may be performed before filing the oath, regardless of document type.
Performing notarial acts before filing the oath is a misdemeanor under Public Officers Law §15.
Explanation
A notary public is a public officer, and Public Officers Law §15 provides that a person who executes any functions of a public office without having taken and duly filed the required oath of office is guilty of a misdemeanor. The source also states that a notary must not act before taking and filing the oath of office.
Memory Aid
OAF = Oath And Filing first. Before a notary acts, the oath must be taken and filed.