New York State Notary Exam 2025 – 400 Free Practice Questions to Pass the Exam

A notary public is guilty of a misdemeanor when they act without being duly sworn. In New York, it is a legal requirement for a notary to take an oath of office before beginning their duties. This oath not only ensures that the notary understands their responsibilities but also binds them to uphold the law and act impartially in their role. If a notary performs their duties without having taken this oath, they are violating the legal standards set for notaries, which constitutes a misdemeanor.

The other choices present various obligations related to the conduct of notaries but do not necessarily constitute a misdemeanor in the same way. Charging excessive fees or performing unauthorized services might lead to disciplinary actions or civil penalties, but these actions do not indicate a failure to meet the fundamental legal requirement of being officially sworn in. Similarly, failing to notarize documents, while potentially irresponsible or negligent, does not inherently carry the same legal consequences as acting without an oath.