A person performs notarial acts before taking and duly filing the required oath of office. Under Public Officers Law §15, the person is guilty of:

Detailed Explanation

Taking office functions before qualifying is criminalized. The booklet note under Public Officers Law §15 states that a person who executes the functions of a public office without taking and filing the required oath is guilty of a misdemeanor. For contrast, Executive Law §142-a may cure certain defects for validity purposes in some settings, but it does not erase criminal liability.