ยง 12. Force and effect of official undertaking. An officer of whom an
official undertaking is required, shall not receive any money or
property as such officer, or do any act affecting the disposition of any
money or property which such officer is entitled to receive or have the
custody of, before he shall have filed such undertaking; and any person
having the custody or control of any such money or property shall not
deliver the same to any officer of whom an undertaking is required until
such undertaking shall have been given. If a public officer required to
give an official undertaking, enters upon the discharge of any of his
official duties before giving such undertaking, the sureties upon his
undertaking subsequently given for or during his official term shall be
liable for all his acts and defaults done or suffered and for all moneys
and property received during such term prior to the execution of such
undertaking, or if a new undertaking is given, from the time notice to
give such new undertaking is served upon him. Every official undertaking
shall be obligatory and in force so long as the officer shall continue
to act as such and until his successor shall be appointed and duly
qualified, and until the conditions of the undertaking shall have been
fully performed. When an official undertaking is renewed pursuant to law
the sureties upon the former undertaking shall not be liable for any
official act done or moneys received after the due execution, approval
and filing of the new undertaking.
Structure New York Laws
Article 2 - Appointment and Qualification of Public Officers
3 - Qualifications for Holding Office.
3-B - Special Peace Officers to Be Citizens; Other Residency Requirements.
3-C - Restrictions Upon Nomination or Election to Compensated Federal, State or Local Office.
4 - Commencement of Term of Office.
5 - Holding Over After Expiration of Term.
6 - Mode of Choosing State Officers if Not Otherwise Provided.
7 - Appointment by the Governor and Senate.
9 - Deputies, Their Appointment, Number and Duties.
12 - Force and Effect of Official Undertaking.
13 - Notice of Neglect to File Oath or Undertaking.
14 - Effect of Consolidation on Terms of Office.
15 - Validation of Official Acts Performed Before Filing Official Oath or Undertaking.
16 - Qualifications of Certain Judicial Officers in Cities of the First Class.
17 - Defense and Indemnification of State Officers and Employees.
18 - Defense and Indemnification of Officers and Employees of Public Entities.
19 - Reimbursement of Defense Costs Incurred by or on Behalf of State Employees.