North Carolina Notary Public Qualifications PDF

Chapter 1 — Getting Started The statutory qualifications for becoming a notary public in North Carolina are contained in Section 10B-5 of the North Carolina General Statutes (hereinafter G.S.) and in Article VI, Section 8, of the North Carolina Constitution. It is important for an applicant to make...

Chapter 1 — Getting Started The statutory qualifications for becoming a notary public in North Carolina are contained in Section 10B-5 of the North Carolina General Statutes (hereinafter G.S.) and in Article VI, Section 8, of the North Carolina Constitution. It is important for an applicant to make sure that he or she meets all of the qualifications to obtain a notary public commission before investing time and money into applying to becoming a notary. Quali cations As a public official, a notary public must meet the standards set by Article VI, Section 8, of the North Carolina Constitution. A notary public may not hold public office if he or she: Has been convicted of a felony under North Carolina or federal law. Has been convicted of a felony in another state that is also considered a felony under North Carolina law. Has been convicted of corruption or malpractice in any office. Has been removed from any office by impeachment. All of these constitutional disqualifications prevent anyone from holding the office of notary public if his or her citizenship rights have not been restored in the manner prescribed by law. However, individuals who have been incarcerated or placed on probation are able to submit an application for consideration fi provided that 10 years have passed since the applicant’s last day of prison, parole, or probation. G.S. 10B-5(d)(2). Under G.S. 10B-5, applicants for notary public commissions must also meet the following requirements: Be at least 18 years of age or legally emancipated as defined in Article 35 of Chapter 7B of the General Statutes. Reside or have a regular place of work or business in North Carolina. Reside legally in the United States. Speak, read, and write the English language. Possess a high school diploma or equivalent. Pass the course of notary public instruction with a score of at least 80 percent on the final exam. The approved courses are currently taught through the North Carolina Community College System and a number of other colleges and universities. An applicant should contact his or her local community college, college, or university for availability, location, and costs of the notary public course. Members of the North Carolina State Bar are not required to take the mandatory notary public course. Purchase and keep as a reference the most recent manual approved by the Secretary of State that describes the duties and authority of traditional notaries public and electronic notaries public. Submit an application containing no significant misstatement or omission of fact. The application form shall be provided by the Department of the Secretary of State and is available on the Department’s website at www.sosnc.com. The application for an initial appointment is also available at the register of deeds office in each county. Every application shall include the signature of the applicant written with pen and ink, and the signature shall be notarized by a person authorized to administer oaths. Pay a non-refundable fee of fifty dollars ($50). Term of Of ce and Jurisdiction— G.S. 10B-9 The commission term for a North Carolina notary public is five years and it expires at midnight on the eve of the expiration date. The notary commission becomes effective once the notary takes the oath of office at the register of deeds office in the county of commissioning. Upon taking the oath, the notary will receive a notarial commission certificate that contains an expiration date. The expiration date is significant in that the notary must include it on every notary certificate he or she executes. The expiration date may be included within the notary seal or it can be written on the certificate along with the notary’s signature as a part of every notary act. fi A North Carolina notary has statewide jurisdiction and may perform notarial acts in all 100 counties of the state, not just in the county of the commission. North Carolina notaries enjoy statewide jurisdiction. Their commission only authorizes them to perform notarial acts within the geographical boundaries of this state, not in other states or jurisdictions. Documents that are destined for other states or foreign jurisdictions can be notarized by a North Carolina notary as long as the notarization takes place in North Carolina. When notarizing documents drafted in other jurisdictions, care should be taken to ensure that the notarial certificate language is substantially similar to North Carolina statutory certificates and that it does not require the notary to perform acts that are not authorized by law. County of Commission and Filing the Oath of Of ce—G.S. 10B-5(c) and 18 NCAC 07B.0503 fi A notary is commissioned in the county where he or she resides. Pursuant to G.S. 10B-5(c), “The notary shall be commissioned in his or her county of residence, unless the notary is not a North Carolina resident, in which case he or she shall be commissioned in the county of his or her employment or business.” If the notary resides outside the State of North Carolina but works in North Carolina and has a regular place of business in North Carolina, the notary may be commissioned in the county in which he or she works. The granting of a commission to a non-resident is contingent on the Department’s verification of the applicant’s employment in North Carolina. Once the Secretary of State approves the application for the notary commission, the Department will send an “oath notification” letter to the appointee. The appointee will have 45 days from the “issue date” printed on the notification letter to go to the register of deeds office in the county of the appointee’s residence to present satisfactory evidence of identification and take the oath of office. The registers of deeds currently charge $10 for administering the oath of office to notary appointees. After administering the oath‚ the register of deeds will award the notary his or her commission certificate and notify the Department that the oath has been taken. If the appointee does not appear before the register of deeds within 45 days of commissioning (that is, the issue date on the oath notification letter), the register of deeds will return the commission certificate to the Department, and the appointee will be required to reapply to obtain a new commission. If the appointee reapplies within one year of the granting of the commission, the Secretary of State may waive the educational requirements pursuant to G.S. 10B-11(c) and Title 18 North Carolina Administrative Code Rule 7B.0106. An appointee for a notary commission or re-commission must not perform notary acts until the oath of office has been taken. To do so is a Class 1 misdemeanor. After the notary takes the oath of office, the register of deeds will record the notary’s oath and the notary’s signature either manually or electronically. The notary’s name will be entered in the register of deed’s record of notaries public or recorded in the register’s real property records and indexed in the grantor field. The record will be kept in perpetuity and will contain the name and signature of the notary as commissioned, the date the oath of office was administered, and the date of any restriction, suspension, revocation, or resignation.