New York State Notary Practice Exam

In what case is a notary public guilty of a misdemeanor?

1. When they charge excessive fees

2. When they fail to notarize documents

3. When they act without being duly sworn

4. When they perform unauthorized services

The correct answer is: When they act without being duly sworn

A notary public is guilty of a misdemeanor when they act without being duly sworn. In New York State, the law requires notaries to take an oath of office before performing their duties. This oath ensures that the notary understands their responsibilities and the legal implications of their role. Failing to take this oath means they lack the necessary authority to act as a notary, which is a violation that can lead to misdemeanor charges. Charging excessive fees, failing to notarize documents, or performing unauthorized services may raise concerns regarding professional conduct or ethics, but these actions do not specifically constitute a misdemeanor under the law in the same way that acting without being duly sworn does. Therefore, the requirement that notaries must be duly sworn is crucial in establishing their legal authority and the integrity of notarizations.