North Carolina Notary Public Application PDF

Chapter 2 — How to Become a Notary Taking the Required Educational Course of Study—G.S. 10B-8 An applicant for a North Carolina notary commission must successfully complete a minimum of six hours of notary public education before becoming eligible to apply for an initial notary commission. An applic...

Chapter 2 — How to Become a Notary Taking the Required Educational Course of Study—G.S. 10B-8 An applicant for a North Carolina notary commission must successfully complete a minimum of six hours of notary public education before becoming eligible to apply for an initial notary commission. An applicant must present an acceptable form of identification (see the definition of satisfactory evidence of identification in Chapter 4) and the most recently approved edition of the North Carolina Notary Public Manual to the instructor in order to take the notary public course. Failure to present these items will result in the applicant being dismissed from the course. Licensed members of the North Carolina State Bar are exempt from the education requirement. However, they are required to obtain the approved North Carolina Notary Public Manual and submit the application along with the $50 filing fee. The notary public course is taught in authorized colleges and universities throughout the state and in all 58 colleges in the North Carolina Community College System. A schedule of the community college system course offerings may be viewed on their website at www.nccommunitycolleges.edu. The course of instruction includes general provisions, administrative rules and standards, commissioning and re-commissioning procedures, notarial powers and limitations, notarial signature and seal requirements, changes in status, enforcement, sanctions and remedies, common Division of Motor Vehicles (DMV) document procedures, and ethics. The cost of the notary public course is set by the individual institution and may vary from college to college. An applicant must attend the entire six hours of the course and receive a score of at least 80 percent on the test to pass the course. The tests administered by the certified instructors are all approved by the Department of the Secretary of State. Applying for a North Carolina Notary Public Commission—G.S. 10B-6 The official notary public application can be obtained from the notary public instructor at the time of class or from a register of deeds office. It may also be downloaded from the Department’s website. (To download and check on the most current applications available, go the Department’s website at www.sosnc.com, Notary Public section.) The application must be complete and free of errors when it is submitted to the Department for approval. If there are three or more blank spaces, the Department will deny the application and the applicant will need to submit a new application and fee. Applicants who fail to submit a complete application within three months of passing the notary course will be required to start the application process over, including re-taking the notary public class. The application fee of $50 must be submitted along with the notary application in order for the application to be processed. Statement of the Applicant’s Personal Qualifications —G.S. 10B-7 A statement of the applicant’s qualifications is requested in the application. The statement includes the following: 1. The applicant’s full legal name. This will be the name on an applicant’s birth certificate, Social Security card, driver’s license, passport, or other official form of acceptable identification document. 2. The name to be used for commissioning, excluding nicknames. The name used on the notary commission must be a part of the full legal name. Nicknames or shortened versions of the applicant’s legal name are not permissible. For example, William cannot use the nickname Bill, and Victoria cannot be shortened to Vicki. However, John Paul Jones may be commissioned as John Jones or even as Paul Jones since they are both full parts of the legal name. There is also a restriction on the use of initials in the commissioned name. Only one initial may be used in the commissioned name—either the initial of the first name or the initial of the middle name, but not both. For example, John Paul Jones may be commissioned in the name of J. Paul Jones or John P. Jones. No single initials without a full first or middle name are permitted. 3. The applicant’s date of birth. An applicant must be at least 18 years of age or legally emancipated to be eligible to apply for a notary commission in North Carolina. 4. The mailing address for the applicant’s residence, the street address for the applicant’s residence, and the telephone number for the applicant’s residence. The mailing address may be a PO Box, but the application must also include the physical address of the applicant’s residence. The telephone number may be a cell phone number. Residential addresses, phone numbers, and email addresses are kept private, but business addresses and phone numbers are made available to the public. 5. The applicant’s county of residence. This will be the county in which the notary is commissioned, unless the applicant lives out of state and has a regular place of business in North Carolina. If this is the case, the applicant will be commissioned in the county in which his or her regular place of business is located. (See G.S. 10B-3(20); G.S. 10B-5(c).) 6. The name of the applicant’s employer, the street and mailing address for the applicant’s employer, and the telephone number for the applicant’s employer. The employer’s address must be complete and include the street number and zip code. This address, however, can be a PO Box. The county in which the business is located must also be included. If the applicant is unemployed, retired, a student, or self-employed, the corresponding box must be checked. 7. The applicant’s occupation. The applicant must either indicate the applicant’s occupation or check a box for unemployed, retired, student, or self-employed. 8. The last four digits of the applicant’s Social Security number. 9. The applicant’s personal and business email addresses. 10.A declaration that the applicant is a citizen of the United States or proof of the applicant’s legal residency in this country. If the applicant is not a citizen of the United States, the applicant must be able to prove permanent residency by producing a copy of a valid Permanent Resident Card, Form I-551, or other form of identification/documentation proving his or her legal residency in the United States. 11.Proof of the applicant’s successful completion of the sixhour notary public course. The original signature and date of the notary public instructor must appear on all initial applications before they may be considered for approval. Although attorneys licensed to practice law in North Carolina are exempt from having to take the course, they are encouraged to do so. Attorneys are required to purchase and keep the most current notary public manual approved by the Department, as are all other applicants for notary commissioning and re-commissioning. 12.A complete listing of any issuances, denials, revocations, suspensions, restrictions, and resignations of a notarial commission, professional license, or public office involving the applicant in this or any other state or nation. If the applicant answers affirmatively to this question, the listing must be accompanied by the name and address of each licensing, commissioning, or appointing agency that effected the disciplinary action(s). The dates and reasons for each action must also be included. The Department considers these applications on a case-by-case basis but will not consider the issuance of any commission under these circumstances until five years have passed since the disciplinary action occurred and all conditions of the action have been met. 13.A complete listing of any criminal convictions of the applicant, including any pleas of admission or nolo contendere, in this or any other state or nation. If the applicant answers affirmatively to this question, the application must be accompanied by the following: ◦ A certified copy of the criminal record from each county of residence, judgment, and a probation release letter, if applicable. ◦ A signed written explanation from the applicant of the conviction(s) that includes the date(s) and place(s) of arrest(s) or violation(s); the name of the court and court case number; the code section of the violation; a brief description of the offense; and the sentence imposed. ◦ The date of release from probation, parole, or incarceration must be included in the statement along with a copy of citizenship restoration for those with felony convictions. 14.Three completed Certificates of Moral Character from three individuals who are not related to the applicant on the form approved by the Department. 15.A complete listing of any civil findings or admissions of fault or liability regarding the applicant’s activities as a notary in this or any other state or nation. An application will be denied if the applicant answers yes and the requested information listed above is not provided. 16.A declaration that the applicant can speak, read, and write in the English language. This declaration is a sworn or affirmed statement contained in the oath certificate at the bottom of the application. Notarized Declaration—G.S. 10B-12 The notary applicant is required to swear or affirm to the truthfulness of the statements made on the application before another individual authorized to administer oaths. The applicant will sign the application before another notary and either swear or affirm to the following statements: “I, __________________ (name of applicant), solemnly swear or affirm under penalty of perjury that the information in this application is true, complete, and correct; that I understand the official duties and responsibilities of a notary public in this State, as described in the statutes; that I can speak, read and write in the English language; and that I will perform to the best of my ability all notarial acts in accordance with the law.” ______________________________ (signature of applicant) This declaration is also on the application for re-commissioning. The applicant for an initial commission or the applicant for a re-commission must be notarized (a notary cannot notarize his or her own signature). The application must be sent to the Department within three months of successfully completing the notary public course. If the applicant fails to submit the application within this period, he or she will have to re-take the course and start the process all over again. Nine Steps to Becoming a North Carolina Notary Public 1. Register to take the notary public course at your local community college, college, or university. 2. Obtain a North Carolina Notary Public Manual from your local or community college bookstore. The manual may also be obtained from the UNC School of Government’s online bookstore at www.sog.unc.edu/publications or by calling 919.966.4119. 3. Take the notary public course and pass the notary public examination with a score of 80 percent or better. 4. Complete the notary public application and obtain your notary instructor’s signature after successful completion of the notary public course. 5. Have the notary application notarized. 6. Send the notarized application along with a $50 registration fee to: North Carolina Department of the Secretary of State PO Box 29626 Raleigh, NC 27626 7. Obtain the notary oath notification letter from the Department of the Secretary of State. 8. Take your oath at the register of deeds office in your county of residence within 45 days of the notary commission issue date. The register of deeds’ fee for taking the oath will be $10. 9. Purchase a North Carolina notary seal. Process for Re-commissioning— G.S. 10B-11 and 18 NCAC 07B.0402 The notary may start the re-commissioning process 10 weeks prior to his or her commission expiration date. The fee for the recommissioning application is $50. The process for recommissioning is basically the same as for the initial commission. The major difference is that applicants for re-commission must take an online examination rather than the six-hour course of instruction that is required for first time applicants. However, if the notary’s commission has been expired for more than one year, the applicant will be required to attend the six-hour notary public course pursuant to G.S. 10B-8(a). A passing score of at least 80 percent is required for the online re-commissioning test. The applicant is allotted 30 minutes to successfully complete the online exam. The re-commissioning applicant can access the exam by going to the Department’s website at www.sosnc.com and navigating to the Notary Public home page. The applicant has three chances to pass the exam within 30 days of the first attempt. If the applicant fails the third and final exam, he or she is required to go back to a notary public course and successfully complete that six-hour course with at least an 80 percent on the final written exam. If the notary is a licensed member of the North Carolina State Bar or if the notary has been continuously commissioned in North Carolina since July 10, 1991, and has never been disciplined by the Secretary of State, the notary is exempt from taking the online re-commissioning exam. These exempt individuals may obtain the form for re-commissioning through the Online Reappointment process on the Department’s Notary Public website, from the Forms section of that website, or from a register of deeds office. Upon the Secretary of State’s approval of the re-commissioning application, the Department will send the appointee an “oath notification” letter to take to the register of deeds in the commissioning county in order to take an oath or affirmation for the new commission. The remaining steps are the same as those for the process for obtaining the initial notary commission. The notary’s term of office is for another five years. Public Information Because a notary public is a public officer of the state, certain information from his or her notary public application is readily available to the public, including the following: 1. 2. 3. 4. 5. 6. 7. Full legal name County of commission Employer’s name Employer’s street and mailing addresses Employer’s phone number Status of commission Disciplinary action, if any Con dential Information fi The notary’s home address, email address, home phone number, Social Security number, and date of birth are considered confidential. This information will not be released unless the Department receives one of the following in writing: a subpoena, a court order, specific authorization from the notary, a statement of authority from law enforcement or a government agency, or a North Carolina State Bar applicant “Release of Information” form. 18 NCAC 07B.1001.