Notary Public: Requirements and Process

• A notary public is a public official authorized to administer oaths, take acknowledgments, and perform other acts specified by law
• Notaries serve as impartial witnesses to the signing of important documents
• They help deter fraud and ensure the proper execution of legal instruments

Eligibility Requirements

• Must be at least 18 years of age
• Must reside or have a regular place of business in North Carolina
• Must be able to read and write English
• Must possess a high school diploma or its equivalent
• Must not have been convicted of a felony unless rights of citizenship have been restored
• Must submit an application to the Secretary of State
• Application must include names and addresses for five respectable citizens who can attest to the applicant's character

Application Process

• Obtain an application form from the Secretary of State's website or by mail
• Complete the application form accurately and legibly
• Provide all required information, including personal details, education, and references
• Pay the application fee
• Submit the completed application to the Secretary of State

Notary Exam

• The North Carolina notary exam assesses the applicant's knowledge of notary law and procedures
• Content includes: notary law, journal keeping, and proper notarization procedures
• Applicants should thoroughly study the North Carolina Notary Public Manual
• The exam is administered by the Secretary of State
• A passing score is required to be commissioned as a notary public

Exam Topics

• General Provisions: Definitions, appointment process, eligibility requirements
• Powers and Limitations: Authority to perform notarial acts, restrictions on notarization
• Notarial Acts: Acknowledgments, oaths and affirmations, jurats, signature witnessing
• Fees: Permissible fees for notarial acts
• Official Misconduct: Prohibited actions and potential penalties
• Journal of Notarial Acts: Requirements for maintaining a journal, record-keeping procedures
• Electronic Notarization: Requirements and procedures for electronic notarization (if applicable)

Exam Format

• The exam consists of multiple-choice questions
• Questions cover a range of topics related to notary law and procedures
• The time limit for completing the exam is specified by the Secretary of State
• Applicants should carefully read each question and select the best answer
• Calculators and other electronic devices are typically not allowed during the exam

Study Resources

• North Carolina Notary Public Manual: The official guide to notary law and procedures in North Carolina
• Online Resources: The Secretary of State's website provides access to notary laws, rules, and other important information
• Practice Exams: Taking practice exams can help applicants assess their knowledge and identify areas for improvement
• Notary Workshops: Attending notary workshops or seminars can provide valuable insights and practical guidance

Notarial Acts

• An acknowledgment is a formal declaration made before a notary public by a person who has signed a document
• The person acknowledges that they signed the document voluntarily and with proper authority
• An oath is a solemn promise made to God or a higher power
• An affirmation is a solemn declaration made under penalty of perjury
• A jurat is a certificate added to an affidavit or other document stating that it was sworn to or affirmed before a notary public
• Signature witnessing involves the notary public verifying the identity of the person signing a document and witnessing their signature

Proper Identification

• A notary public must verify the identity of the person signing a document
• Acceptable forms of identification typically include a valid driver's license, passport, or other government-issued photo identification
• The identification document must be current and unexpired
• The notary public should carefully examine the identification document to ensure that it appears genuine and unaltered

Journal of Notarial Acts

• A notary public is required to maintain a journal of all notarial acts performed
• The journal should be a permanent, bound book with numbered pages
• For each notarial act, the journal should include the date, time, type of act, name and address of the person whose signature was notarized, type of identification presented, and the fee charged
• The journal should be kept in a secure location and should not be altered or destroyed

Prohibited Acts

• A notary public is prohibited from notarizing their own signature or the signature of a spouse, ancestor, descendant, or sibling
• A notary public is prohibited from notarizing a document in which they have a direct financial or beneficial interest
• A notary public is prohibited from providing legal advice or representing others in legal matters
• A notary public is prohibited from using their notary commission for personal gain or to deceive others

Electronic Notarization

• North Carolina law allows for electronic notarization, which involves performing notarial acts using electronic means
• Electronic notarization requires the use of approved technology and security protocols
• Notaries who wish to perform electronic notarization must register with the Secretary of State and comply with additional requirements
• Electronic notarization can streamline the notarization process and make it more convenient for individuals and businesses

Completing the Notarial Certificate

• The notarial certificate is the written statement that the notary public completes to certify that a notarial act has been performed
• The certificate must include specific information, such as the date and place of the notarization, the name of the person whose signature was notarized, and the type of notarial act performed
• The certificate must be signed and sealed by the notary public
• The notarial certificate should be completed accurately and legibly

Official Seal

• A notary public is required to have an official seal
• The seal must be a rubber stamp or embossed seal
• Seal must include the notary's name, the words "Notary Public," and "North Carolina"
• The seal must be affixed to all notarial certificates
• The seal should be kept in a secure location and should not be used by anyone else

Changes in Status

• A notary public must notify the Secretary of State of any changes in their name, address, or other contact information
• If a notary public moves out of North Carolina or no longer maintains a regular place of business in the state, their commission may be revoked
• A notary public commission is valid for a term of five years
• To renew their commission, a notary public must submit a renewal application and meet all eligibility requirements

Liability

• A notary public may be held liable for damages resulting from negligence or misconduct in the performance of notarial acts
• Notaries public should exercise caution and diligence in performing their duties
• Notaries public should maintain errors and omissions insurance to protect themselves from potential liability
• Notaries should consult with an attorney if they have any questions about their duties or potential liability

Notary Fees

• North Carolina law sets the maximum fees that a notary public may charge for performing notarial acts
• The current fee schedule is available on the Secretary of State's website
• A notary public may not charge more than the maximum allowable fee
• A notary public may waive the fee for notarial acts performed for charitable or governmental purposes

Maintaining Impartiality

• A notary public must remain impartial in all notarial acts
• A notary public should not allow personal feelings or biases to influence their decisions
• A notary public should not notarize a document if they have a conflict of interest or if they believe that the document is fraudulent or illegal
• A notary public should always act in the best interests of the public

Consequences of Misconduct

• A notary public who engages in official misconduct may be subject to disciplinary action, including suspension or revocation of their commission
• Official misconduct may also result in criminal charges
• Notaries public should be aware of the potential consequences of misconduct and should always act ethically and professionally

Continuing Education

• While not currently mandated in North Carolina, continuing education is highly recommended for notaries public
• Continuing education courses can help notaries stay up-to-date on changes in the law and best practices
• Notary organizations and other providers offer continuing education courses and workshops
• Completing continuing education can enhance a notary's skills and knowledge and reduce the risk of errors and omissions

Learn about the role of a notary public, including eligibility requirements such as age, residency, and education. Understand the application process, including necessary documentation and character references. Discover how notaries deter fraud and ensure legal document execution.