NC Notary Public Chapter 4 Definitions PDF

Chapter 4 — De nitions De nitions—G.S. 10B-3 and 18 NCAC 07B.0102 It is critical for notary applicants to have a thorough understanding of the terms used in notary law. Many of these terms have been defined to make sure that notaries know what their responsibilities are in fulfilling their duties as...

Chapter 4 — De nitions De nitions—G.S. 10B-3 and 18 NCAC 07B.0102 It is critical for notary applicants to have a thorough understanding of the terms used in notary law. Many of these terms have been defined to make sure that notaries know what their responsibilities are in fulfilling their duties as officers of the state. The following definitions, found in the statute and regulations and used by the Department of the Secretary of State in this book, must be studied and understood to comprehend the responsibilities of notaries public as outlined in the Notary Act. Acknowledgment.—A notarial act in which a notary certifies that at a single time and place all of the following occurred: fi fi 1. An individual appeared in person before the notary and presented a record. 2. The individual was personally known to the notary or identified by the notary through satisfactory evidence. 3. The individual did either of the following: 1. Indicated to the notary that the signature on the record was the individual’s signature. 2. Signed the record while in the physical presence of the notary and while being personally observed signing the record by the notary. G.S. 10B-3(1). Applicant.—An individual who seeks appointment or reappointment to the office of notary public. 18 NCAC 07B.0102(b)(1). Appoint or Appointment.—The naming of an individual to the office of notary public after determination that the individual has complied with Chapter 10B of the General Statutes and Subchapter 07B of the Administrative Rules. The terms “appoint,” “reappoint,” “appointment,” “reappointment,” “commission,” “recommission,” “commissioning,” and “recommissioning” all refer to the term “commission” as defined in G.S. 10B-3(4) or to the process of acquiring or maintaining such commission. 18 NCAC 07B.0102(b)(2). Appointee.—An individual who has been appointed or reappointed to the office of notary public but has not yet taken the oath of office to be commissioned. 18 NCAC 07B.0102(b)(3). Af rmation.—A notarial act which is legally equivalent to an oath and in which a notary certifies that at a single time and place all of the following occurred: fi 1. An individual appeared in person before the notary. 2. The individual was personally known to the notary or identified by the notary through satisfactory evidence. 3. The individual made a vow of truthfulness on penalty of perjury, based on personal honor and without invoking a deity or using any form of the word “swear.” G.S. 10B-3(2). Attest or attestation.—The completion of a certificate by a notary who has performed a notarial act. G.S. 10B-3(3). Commission.—The empowerment to perform notarial acts and the written evidence of authority to perform those acts. G.S. 10B-3(4). Commissioning date.—The date of commissioning or recommissioning as entered on a commission certificate. 18 NCAC 07B.0102(b)(4). Credible witness.—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 for the purpose of confirming to the notary the identity of another individual. 2. The notary believes the individual is not a party to or beneficiary of the transaction. G.S. 10B-3(5). Crime.—A crime or: 1. Attempt to commit a crime; 2. Accessory to commission of a crime; 3. Aiding and abetting of a crime; 4. Conspiracy to commit a crime; or 5. Solicitation to commit a crime. 18 NCAC 07B.0102(b)(5). Department.—The North Carolina Department of the Secretary of State. G.S. 10B-3(6). Director.—The Division Director for the North Carolina Department of the Secretary of State Notary Public Section. G.S. 10B-3(7). Division.—The Notary Public Section of the North Carolina Department of the Secretary of State. 18 NCAC.0102(b)(6). Jurat.—A notary’s certificate evidencing the administration of an oath or affirmation. G.S. 10B-3(8). Moral turpitude.—Conduct contrary to expected standards of honesty, morality, or integrity. G.S. 10B-3(9). Nickname.—A descriptive, familiar, or shortened form of a proper name. G.S. 10B-3(10). Notarial act, notary act, and notarization.—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 G.S. 10B-20(a). G.S. 10B-3(11). Notarial certi cate and certi cate.—The portion of a notarized record that is completed by the notary, bears the notary’s signature and seal, and states the facts attested by the notary in a particular notarization. G.S. 10B-3(12). Notary public and notary.—A person commissioned to perform notarial acts under G.S. Chapter 10B. A notary is a public officer of the State of North Carolina and shall act in full and strict compliance with this act. G.S. 10B-3(13). Oath.—A notarial act which is legally equivalent to an affirmation and in which a notary certifies that at a single time and place all of the following occurred: 1. An individual appeared in person before the notary. 2. The individual was personally known to the notary or identified by the notary through satisfactory evidence. 3. The individual made a vow of truthfulness on penalty of perjury while invoking a deity or using any form of the word “swear.” G.S. 10B-3(14). Of cial misconduct.—Either of the following: fi fi fi 1. A notary’s performance of a prohibited act or failure to perform a mandated act set forth in G.S. Chapter 10B or any other law in connection with notarization. 2. A notary’s performance of a notarial act in a manner found by the Secretary to be negligent or against the public interest. G.S. 10B-3(15). Personal appearance and appear in person before a notary.— An individual and a notary are in close physical proximity to one another so that they may freely see and communicate with one another and exchange records back and forth during the notarization process. G.S. 10B-3(16). Personal knowledge or personally know.—Familiarity with an individual resulting from interactions with that individual over a period of time sufficient to eliminate every reasonable doubt that the individual has the identity claimed. G.S. 10B-3(17). Principal.—One of the following: 1. In the case of an acknowledgment, the individual whose identity and due execution of a record is being certified by the notary. 2. In the case of a verification or proof, the individual other than a subscribing witness, whose: 1. Identity and due execution of the record is being proven; or 2. Signature is being identified as genuine. 3. In the case of an oath or affirmation, the individual who makes a vow of truthfulness on penalty of perjury. G.S. 10B-3(18). Record.—Information that is inscribed on a tangible medium and called a traditional or paper record. G.S. 10B-3(19). Regular place of work or business.—A location, office, or other workspace, where an individual regularly spends all or part of the individual’s work time. G.S. 10B-3(20). Revocation.—The cancellation of the notary’s commission stated in the order of revocation. G.S. 10B-3(21). Satisfactory evidence.—Identification of an individual based on either of the following: 1. At least one current document issued by a federal, state, or federal or state-recognized tribal government agency bearing the photographic image of the individual’s face and either the signature or a physical description of the individual. 2. The oath or affirmation of one credible witness who personally knows the individual seeking to be identified. G.S. 10B-3(22). Note: The notary must be aware of additional information regarding the use of a tribal identification (ID) card. A state statute, G.S. 143B-407, recognizes the following tribal governments: Coharie of Sampson and Harnett counties Eastern Band of Cherokees Haliwa-Saponi Tribe of Halifax, Warren, and adjoining counties Lumbees of Robeson, Hoke, and Scotland counties Meherrin of Hertford County Waccamaw-Siouan Tribe from Columbus and Bladen counties The Sappony Occaneechi Band of the Saponi Nation of Alamance and Orange counties Native Americans located in Cumberland, Guilford, Johnston, Mecklenburg, Orange, and Wake counties Recognition of any other tribal government must be based on another state law or federal law. Tribal cards should have at a minimum the following personal information: Name Photograph Tribal seal Tribal enrollment number Date of birth Name of mother and father Signature of cardholder or physical description Official signature of tribal chief Some IDs may have pictures and physical descriptions, but it is up to the particular tribe. The notary must make sure that the ID has a photo and signature or physical description of the cardholder to satisfy the definition of “satisfactory evidence” of identity, above. It is also important to make sure that the tribal ID is from a legitimate state and federally recognized tribe. Notaries may not rely on Matricula Consular Cards issued by a Mexican consulate as satisfactory evidence because they are issued by a consulate office and not through a centralized federal government database able to track them. The North Carolina Secretary of State therefore does not consider them to be issued by a federal government agency. Seal or stamp.—A device for affixing on a paper record an image containing a notary’s name, the words “notary public,” and other information as required in G.S. 10B-37. G.S. 10B-3(23). Secretary.—The North Carolina Secretary of State or the Secretary’s designee. G.S. 10B-3(24). Subscribing witness.—A person who signs a record for the purpose of being a witness to the principal’s execution of the record or to the principal’s acknowledgment of his or her execution of the record. A subscribing witness may give proof of the execution of the record as provided in the definition of “verification or proof,” below. G.S. 10B-3(26). Suspension and restriction.—The termination of a notary’s commission for a period of time stated in an order of restriction or suspension. The terms “restriction” or “suspension” or a combination of both terms shall be used synonymously. G.S. 10B-3(27). Veri cation or proof.—A notarial act in which a notary certifies that all of the following occurred: fi 1. An individual appeared in person before the notary. 2. The individual was personally known to the notary or identified by the notary through satisfactory evidence. 3. The individual was not a party to or beneficiary of the transaction. 4. The individual took an oath or gave an affirmation and testified to one of the following: 1. The individual is a subscribing witness and the principal who signed the record did so while being personally observed by the subscribing witness. 2. The individual is a subscribing witness and the principal who signed the record acknowledged his or her signature to the subscribing witness. 3. The individual recognized either the signature on the record of the principal or the signature on the record of the subscribing witness and the signature was genuine. G.S. 10B-3(28).