Before entering on the duties of office, public officers generally must take and subscribe an oath of office.
A notary may lawfully perform official acts before taking and filing the required oath because the commission alone is enough.
A notary public is a public officer for purposes of the oath-filing rule.
Acting without having taken and duly filed the required oath is treated as a misdemeanor.
Official source: Notary Public License Law (March 2026)
Reference: Public Officers Law §15
Source checked September 7, 2026
Correct Answer
B. A notary may lawfully perform official acts before taking and filing the required oath because the commission alone is enough.
Detailed Explanation
Oath-taking is a condition of acting, not a formality. N.Y. Const. art. XIII, §1 requires the oath of office, and Public Officers Law §15 says a public officer who acts before taking and filing the required oath is guilty of a misdemeanor. Not to be confused with appointment itself: a commission may issue first, but the safer exam answer is that the notary must not act until the oath requirement is satisfied.
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