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Questions and Answers

Applicants must submit their application within how many months of taking the class?

three months

After receiving the Oath Notification Letter, the appointee must appear before the Register of Deeds within how many days?

45

If you haven't received notification of the issuance of your commission within _____________, you should call Customer Service at 919-807-2219.

two weeks

How soon before commission expiration can a notary begin the reappointment process?

<p>10 weeks</p> Signup and view all the answers

If your name, residence, business address, mailing address or telephone number changes, how long do you have to let the Department know?

<p>45 days</p> Signup and view all the answers

As soon as reasonably practicable after resignation, revocation or termination of commission, what must the notary send by certified mail (return receipt) to the Department for disposal?

<p>seal or stamp</p> Signup and view all the answers

How many days does a notary have to report a lost or stolen seal or stamp?

<p>10 days</p> Signup and view all the answers

When a seal is lost or stolen, who must the notary notify?

<p>sheriff's office, Register of Deeds (in county of commission), and employer</p> Signup and view all the answers

How many educational hours must an applicant for NC notary take?

<p>minimum of 6 (but now moving more toward 7)</p> Signup and view all the answers

Can an applicant for recommissioning take an online exam instead of the classroom portion?

<p>True</p> Signup and view all the answers

What are the age requirements for becoming a notary?

<p>at least 18 or legally emancipated</p> Signup and view all the answers

What are the residency requirements for becoming a notary?

<p>Live in or regularly work in NC</p> Signup and view all the answers

What are the communication requirements for becoming a notary?

<p>Able to speak, read, and write the English language</p> Signup and view all the answers

What are the educational requirements for becoming a notary?

<p>High school diploma or equivalent and own a copy of the most recent Notary Public Manual</p> Signup and view all the answers

What is the minimum passing grade for the test?

<p>80%</p> Signup and view all the answers

A notary public holds a public office.

<p>True</p> Signup and view all the answers

What are the prohibitions to becoming a notary listed in Article VI, Section 8 of the NC Constitution?

<ol> <li>felony conviction in NC 2) felony conviction in another state (that's considered a felony in NC) 3) convicted of corruption or malpractice in any office 4) removed from any office by impeachment</li> </ol> Signup and view all the answers

Where are statutory guidelines for Notary Publics found?

<p>Section 10B-5 of NC General Statutes, Article VI, Section 8 of the NC Constitution</p> Signup and view all the answers

What is the Notary's main purpose?

<p>To protect public interest and prevent fraud and forgery</p> Signup and view all the answers

What must journal entries include?

<p>Date and time of transaction, Names/signatures of principal signers, Type of ID used to positively ID the signers, Type of document notarized, Type of Notarization performed</p> Signup and view all the answers

Why should journals be kept bound?

<p>To prevent page removal</p> Signup and view all the answers

What is an acknowledgment?

<p>A notarial act signifying: 1) Individual appeared IN PERSON before notary 2) Individual was PERSONALLY KNOWN or ID'd through satisfactory evidence 3) Individual SIGNED before notary or affirmed it was his/her signature on the line.</p> Signup and view all the answers

What is an affirmation?

<p>Legally equivalent to an oath. Notary signifies: 1) Individual appeared IN PERSON before notary 2) Individual was PERSONALLY KNOWN or satisfactorily ID'd by notary 3) Individual MADE A VOW of truthfulness (not invoking a deity)</p> Signup and view all the answers

What is attestation?

<p>The completion of a certificate by a notary who has performed a notarial act.</p> Signup and view all the answers

What is a commission?

<p>The empowerment to perform notarial acts and the written evidence of authority to perform those acts (by receiving a certificate after being sworn in)</p> Signup and view all the answers

What is a credible witness?

<p>An individual who is personally known to the notary and to whom all of the following also apply: 1) the notary believes the individual to be honest and reliable 2) the notary believes the individual is not a party to or beneficiary of the transaction.</p> Signup and view all the answers

What is a jurat?

<p>A notary's certificate evidencing the administration of an oath or affirmation.</p> Signup and view all the answers

What is moral turpitude?

<p>Conduct contrary to expected standards of honesty, morality, or integrity.</p> Signup and view all the answers

What are notarial acts?

<p>The act of taking an acknowledgment, taking a verification or proof, or administering an oath or affirmation that a notary is empowered to perform under 10B-20(a).</p> Signup and view all the answers

What is a notarial certificate?

<p>The portion of a notarized record that is completed by the notary.</p> Signup and view all the answers

What is a notary public?

<p>a person commissioned to perform notarial acts under G.S. Chapter 10B.</p> Signup and view all the answers

What is an oath?

<p>A notarial act which is legally equivalent to an affirmation in which a notary certifies: 1) Individual appeared IN PERSON before the notary 2) Individual was PERSONALLY KNOWN or satisfactorily ID'd by the notary. 3) Individual made a VOW of TRUTHFULNESS (while INVOKING a DEITY)</p> Signup and view all the answers

What is official misconduct?

<p>A notary's performance of a prohibited act or failure to perform a mandated act as set forth in GS Chapter 10B.</p> Signup and view all the answers

What does personal appearance mean?

<p>An individual and a notary are in close physical proximity to one another so they can freely communicate and exchange records back and forth.</p> Signup and view all the answers

What does personal knowledge or personally know mean?

<p>familiarity with an individual that would eliminate EVERY REASONABLE DOUBT</p> Signup and view all the answers

What is a regular place of work or business?

<p>where an individual regularly works</p> Signup and view all the answers

What is revocation?

<p>the cancellation of a notary's commission</p> Signup and view all the answers

What is satisfactory evidence?

<ol> <li>Current document issued by a state or federal agency, bearing either a photo or description and signature OR 2) The oath or affirmation of a credible witness</li> </ol> Signup and view all the answers

What must a notary's seal or stamp include?

<p>Notary's Name, Words: 'Notary Public', Other information required by GS 10B</p> Signup and view all the answers

What is a subscribing witness?

<p>One who writes his/her name as witness to the execution of an instrument.</p> Signup and view all the answers

Study Notes

Application and Commissioning

  • Applicants must submit their application within three months of taking the notary class.
  • After receiving the Oath Notification Letter, appointees have 45 days to appear before the Register of Deeds.
  • If notification of commission issuance isn't received within two weeks, contact Customer Service at 919-807-2219.
  • Notaries can start the reappointment process 10 weeks before their commission expires.

Changes and Notifications

  • Notaries must inform the Department of any personal changes (name, residence, addresses, phone number) within 45 days.
  • Upon resignation, revocation, or termination, the notary must send their seal or stamp to the Department by certified mail.
  • Lost or stolen seals or stamps must be reported within 10 days to the sheriff's office, Register of Deeds, and the employer.

Educational Requirements

  • Minimum educational hours for applicants is six, with a shift toward seven hours.
  • Applicants for recommissioning can take an online exam if their previous commission expired within the last year.
  • Candidates must be at least 18 years old or legally emancipated.
  • Residency in or regular work in NC is required.
  • Candidates must be able to communicate in English and hold at least a high school diploma or equivalent.

Notarial Acts and Responsibilities

  • The passing grade for the notary test is 80%.
  • A notary public holds a public office and must protect public interest to prevent fraud and forgery.
  • Journal entries must include date, names/signatures of signers, ID type used, and the document notarized.
  • Journals should be bound to prevent page removal.

Key Terms and Definitions

  • Acknowledgment: A notarial act confirming an individual appeared in person, was identified, and signed in the notary's presence.
  • Affirmation: Legally equivalent to an oath, without invoking a deity.
  • Attestation: Completion of a certificate by a notary after a notarial act.
  • Commission: Written authority empowering an individual to perform notarial acts.
  • Credible Witness: An individual known personally to the notary who is honest, reliable, and not involved in the transaction.
  • Jurat: Certificate evidencing the administration of an oath or affirmation by the notary.
  • Notarial Certificates: Completed portion of a notarized record by the notary.
  • Prohibitions for becoming a notary include felony convictions in NC or other states, conviction of corruption or malpractice, and removal from office by impeachment.
  • Official Misconduct: Occurs when a notary performs prohibited acts or fails to comply with mandated actions.
  • Familiarity with an individual must eliminate all reasonable doubt to establish personal knowledge.

Seal and Stamps

  • A notary's seal must include the notary's name and the words "Notary Public," along with other required information from GS 10B.

Additional Concepts

  • Personal Appearance: Close proximity for effective communication between the individual and the notary.
  • Revocation: Cancellation of a notary's commission.
  • Satisfactory Evidence: Identification through current documents or a credible witness' affirmation.
  • Subscribing Witness: A person who witnesses and signs an instrument's execution.

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