NotaryExamPrep logo NotaryExamPrep
Misconduct & Prohibited Acts

Refusal to administer a lawfully requested oath is best characterized as:

A

Official misconduct, a class A misdemeanor.

B

Forgery in the second degree, a class D felony.

C

Issuing a false certificate, a class E felony.

D

Only a civil violation with no criminal consequence.

Official source: Notary Public License Law (March 2026)

Reference: Penal Law §195.00

Source checked September 7, 2026

✓

Correct Answer

A. Official misconduct, a class A misdemeanor.

Detailed Explanation

A notary can commit misconduct by refusing a required act. In the booklet’s "Notary must officiate on request" note, Penal Law §195.00 is cited for the principle that an officer before whom an oath or affidavit may be taken is bound to administer it when requested, and refusal is a misdemeanor. For contrast, forgery and false-certificate charges require different conduct involving false instruments or false official certificates.

Misconduct & Prohibited Acts Question #132
🔒

See the Correct Answer & Detailed Explanation

Try 10 free preview questions with instant feedback, official source references, and detailed explanations. Full access includes all 500 New York questions.

Start the 10-Question Free Preview

No credit card required · Interactive quiz simulator