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April 9, 2024
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Personal: “A notary shall not perform a notarial act if any of the following apply: … The notary is a signer of, party to, or beneficiary of the record, that is to be notarized. However, a disqualification under this subdivision shall not apply to a notary who is named in a record solely as
“(i) the trustee in a deed of trust,
“(ii) the drafter of the record,
“(iii) the person to whom a registered document should be mailed or sent after recording, or
“(iv) the attorney for a party to the record, so long as the notary is not also a party to the record individually or in some other representative or fiduciary capacity. A notary who is an employee of a party shall not be disqualified under this subdivision solely because of the notary’s employment by a party to the record or solely because the notary owns stock in a party to the record … The notary will receive directly from a transaction connected with the notarial act any commission, fee, advantage, right, title, interest, cash, property, or other consideration exceeding in value the fees specified in G.S. 10B-31, other than fees or other consideration paid for services rendered by a licensed attorney, a licensed real estate broker or salesperson, a motor vehicle dealer, or a banker” (GS 10B-20[c][5] and [6]).
Notary as Witness: The Department of the North Carolina Secretary of State has construed G.S. 10B-20(c)(5), cited immediately above, to prohibit a Notary Public from acting as both a witness to the signing of a document and Notary Public on the same document.
Unauthorized Practice of Law
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