North Carolina Notary Public Guide

• A notary public is an officer of the State of North Carolina commissioned by the Secretary of State and authorized to perform notarial acts.
• Notarial acts include witnessing signatures, administering oaths and affirmations, and taking acknowledgments.
• The main duty of a notary is to screen the signers of important documents for their true identity, their willingness to sign without duress, and their awareness of the contents of the document or transaction.
• Notaries Public are expected to be impartial and are required to follow established procedures.
• North Carolina notaries have the power to administer oaths and affirmations, take verifications upon oath or affirmation, and witness or attest signatures.

Eligibility

• To become a notary in North Carolina, applicants must be at least 18 years of age.
• Applicants must reside or have a regular place of business in North Carolina.
• Applicants must be able to read and write English.
• Applicants must possess a high school diploma or its equivalent.
• Applicants must not be disqualified under NCGS § 10B-8.

Application Process

• Complete a notary application form provided by the Secretary of State's office and submit it to the Clerk of Superior Court in the applicant's county of residence or principal place of business.
• Undergo a criminal background check.
• Take an oath of office and receive a certificate of appointment from the Clerk of Superior Court.
• Purchase a notary seal and journal.
• Complete a mandatory six-hour course of instruction.

Notary Education

• All first-time notary applicants must complete a six-hour course of instruction approved by the Secretary of State.
• The course covers notary law, procedures, and ethics.
• The course aims to equip notaries with the knowledge and skills necessary to perform their duties competently and responsibly.

Notary Seal and Journal

• Every notary public must have an official seal for use in notarizing documents.
• The seal must contain the notary's name, the words "Notary Public," and "North Carolina."
• Notaries are also required to keep a journal of all notarial acts performed.
• The journal should include the date of the notarization, the type of notarial act, the name and address of the person whose signature was notarized, the type of identification presented, and the fee charged.

Notarial Acts

• Acknowledgment: A formal declaration before an authorized officer, such as a notary public, by a person who has signed a document, that the signature is his or her own and that the document was executed freely and voluntarily.
• Oath or Affirmation: A solemn pledge made before an authorized officer, such as a notary public, by a person swearing to the truth of a statement. An oath is a pledge made with reference to a deity, while an affirmation is a solemn declaration made under penalty of perjury but without reference to a deity.
• Verification upon Oath or Affirmation (Jurat): A statement in a document asserting that it is true under the penalties of perjury, signed by the person making the statement, and sworn to or affirmed before a notary public.
• Witnessing or Attesting a Signature: The act of a notary public observing a person signing a document and attesting to the genuineness of the signature.
• Electronic Notarization: North Carolina law allows notaries to perform electronic notarizations, which involve notarizing electronic documents using electronic signatures and seals.
• Remote Online Notarization (RON): North Carolina-authorized notaries can register to perform remote online notarizations. RON involves performing notarial acts remotely using audio-visual communication technology.

Fees

• North Carolina law sets the maximum fees that notaries public can charge for their services.
• The maximum fee for an acknowledgment, oath, affirmation, or jurat is $5.00.
• The maximum fee for electronic notarization is $10.00.
• The maximum fee for remote online notarization is $25.00.
• Notaries are required to post a schedule of their fees in a conspicuous place.

Authority and Limitations

• A North Carolina notary public only has the power to act within the boundaries of North Carolina.
• A notary public may not notarize his or her own signature or the signature of his or her spouse.
• A notary public may not notarize a document in which he or she has a direct financial or beneficial interest.

Liability

• Notaries public can be held liable for damages resulting from negligence or misconduct in the performance of their duties.
• Notaries are required to exercise reasonable care in verifying the identity of signers and ensuring that they are signing documents willingly and knowingly.
• Notaries may be required to maintain a surety bond to protect against liability.

Renewal and Reappointment

• A notary public's commission is valid for a term of five years.
• To renew a commission, a notary must file a renewal application with the Secretary of State's office.
• Notaries must meet the same eligibility requirements for renewal as for initial appointment.
• Continuing education may be required for renewal.

Termination or Revocation

• The Secretary of State may terminate or revoke a notary public's commission for misconduct, negligence, or violation of notary law.
• Grounds for termination or revocation include, but are not limited to, fraud, dishonesty, incompetence, and failure to comply with notary regulations.

Prohibited Acts

• False or incomplete notarial certificate
• Notarizing one's own signature
• Notarizing when the individual isn't physically present
• Influencing a person to enter a document
• Failing to administer an oath properly

Best Practices

• Verify the identity of the signer through personal knowledge or satisfactory evidence.
• Ensure that the signer is aware of the contents of the document and is signing it willingly.
• Administer oaths and affirmations properly.
• Keep a detailed journal of all notarial acts performed.
• Safeguard the notary seal and journal from loss or theft.
• Stay current with changes in notary law and regulations.

Learn about the role and responsibilities of a Notary Public in North Carolina. This guide covers notarial acts, eligibility requirements, and the duties of a notary. It also describes the process of witnessing signatures and administering oaths.