North Carolina - U.S. Notary Reference

Last Update: October 18, 2024

Notary Jurisdiction

Statewide (GS 10B-9).

Notary Term Length

Five years (GS 10B-9), expiring at midnight on the day preceding the fifth anniversary of the effective date (NPG).

Notary Bond

Not required.

Notary Seal

Required (GS 10B-37).

Notary Journal

Required for in-person electronic and remote electronic notarial acts (GS 10B-134.15[a]; 18 NCAC 07I .0101[a]).

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Commissioning Official

North Carolina’s Notaries are appointed and commissioned by the Secretary of State, whose office regulates and maintains records on them (GS 10B-5).

Contact Information

1. Address: Department of Secretary of State
   Notary Public Section
   P.O. Box 29626
   Raleigh, NC 27626-0626

2. Phone: 919-814-5400

3. Website: http://www.sosnc.gov/notary

Laws, Rules and Guidelines

1. Laws: Most Notary statutes are in the North Carolina General Statutes (GS) Chapter 10B, “Notaries,” consisting of Article 1 (“Notary Public Act”) and Article 2 (“Electronic Notary Act”); and Chapter 47, “Probate and Registration.”

2. Rules: Rules regulating Notaries are found in the North Carolina Administrative Code (NCAC) Title 18, Chapter 7 (“Notary Public Division”).

3. Guidelines: Other guidance for Notaries is in the “Notary Public Guidebook for North Carolina” (NPG) (2016 edition), published by the School of Government at the University of North Carolina at Chapel Hill.

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Commission Process

1. Qualifications: An applicant for a commission as a North Carolina Notary Public must (GS 10B-5[b]):
   (a) be at least 18 years old or legally emancipated as defined in Article 35 of Chapter 7B of the General Statutes,
   (b) reside or have a regular place of work or business in the state,
   (c) reside legally in the United States,
   (d) speak, read and write the English language,
   (e) possess a high school diploma or the equivalent,
   (f) successfully pass a course of instruction, and
   (g) purchase and keep as a reference the most recent manual approved by the Secretary of State that describes the duties and authority of Notaries. (The current manual, “Notary Public Guidebook for North Carolina” is available through the Publications Office of the University of North Carolina’s School of Government at 1-919-966-4119 or www.sog.unc.edu/pubs. The cost of the current edition is $20.)
   The Secretary of State may deny an application for commission or recommission based on “(t)he applicant’s conviction or plea of admission or nolo contendere to a felony or any crime involving dishonesty or moral turpitude. In no case may a commission be issued to an applicant within 10 years after release from prison, probation, or parole, whichever is later” (GS 10B-5[d][2]).
   “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 provided that 10 years have passed since the applicant’s last day of prison, parole, or probation. G.S. 10B-5(d)(2)” (NPG).

2. Course: Each first-time applicant must complete a six-hour course of instruction on Notary duties (G.S. 10B-8[a]). Approved courses are offered by all community colleges and certain other institutions. (The Department of the Secretary of State educates the Certified Notary Instructors who teach the Notary courses in the community colleges.)

3. Exam: All applicants, both first-time and renewing, must pass a written examination with a score of 80% or better (G.S. 10B-8[b]). Attorneys licensed to practice in North Carolina are exempt from both the education and exam requirements (GS 10B-8[a]). The exam requirement does not apply “if the notary has been continuously commissioned in North Carolina since July 10, 1991, and has never been disciplined by the Secretary” (GS 10B-11[b]). Any non-attorney applicant must apply for a commission within three months of successfully completing the mandatory course and exam (GS 10B-8[a]).

4. Application: The application is available from the Department of the Secretary of State or from the register of deeds in each county. The applicant’s signature on the completed application must be notarized and sent to the Notary Public Section with a $50 fee and, for non-citizens, a copy of the I-551 permanent resident card (GS 10B-6 and 10B-7). First-time applicants must have their course instructor sign and date the application to indicate successful completion of the course.
   “Notwithstanding subdivision (8) of subsection (b) of this section, the Secretary may allow applications for commissions to be submitted electronically, in the format prescribed by the Secretary. The Secretary shall establish a process for submission of the signature of the applicant prior to commissioning, which may include electronic submission” (GS 10B-5[e]).
   Most documents kept by the Secretary’s office are public records and subject to disclosure, but the following information, required on a commission application, is considered confidential and is not subject to disclosure: the applicant’s date of birth, addresses (email, physical and mailing) and phone number and the last four digits of a Social Security number (GS 10B-7[b]).

5. Background Screening: Conditional.
   If on the application the applicant responds “Yes” to having ever been convicted by any court for a felony or misdemeanor, or having been charged with an offense for which trial is still pending, the applicant must send a certified copy of the applicant’s criminal record background check from the Clerk of Courts office, judgment and probation release letter, if applicable, from each county where a violation occurred including the county in which the applicant currently resides. (Application).

6. Oath of Office: Upon commissioning or recommissioning, the Notary will be notified by mail to go to the local office of the register of deeds to pick up the commission and take the required oaths of office, for a $10 fee. This must be done within 45 days (GS 10B-10[a] and [b]).
   “Any acknowledgment taken and any instrument notarized by a person who after recommissioning failed to again take the oath as a notary public is hereby validated. The acknowledgment and instrument have the same legal effect as if the person qualified as a notary public at the time the person performed the act. This section applies to notarial acts performed on or after May 15, 2004, and before April 1, 2021” (GS 10B-71).

7. Non-Residents: Non-residents of North Carolina may qualify as Notaries if they have a regular place of work or business in the state (GS 10B-5[c]). Non-resident applicants for a North Carolina Notary commission must submit a proof-of-employment statement from their employer on company letterhead.

8. Reappointment: For Notaries seeking reappointment, online reappointment is offered for a total fee of $52, which includes a nonrefundable $2 electronic transaction fee. Applicants for reappointment are required to take the exam again—but not the course — and may do so online at the Department’s Notary website. Applications should not be made earlier than 10 weeks before commission expiration (GS 10B-11[a]). After passing the exam, an applicant must print out the application, stamp it with the Notary seal, and have his or her signature notarized. See “Notary Reappointment” on the website.

Electronic Notary Registration

1. Scope: Registration as an Electronic Notary Public includes the authorization to perform electronic notarial acts and remote electronic notarial acts (GS 10B-106[b]).

2. Requirement: Before performing electronic notarial acts, a North Carolina Notary must register his or her capability to notarize electronically with the Secretary of State. There are 10 basic steps to the registration process (eNotary website, “How to Become an Electronic Notary” and “Frequently Asked Questions”; GS 10B-105 through 108; 18 NCAC 07F .0200, .0300, .0400, and .0500).

   1. Hold or obtain a North Carolina Notary commission (18 NCAC 07F .0201).

   2. Register to take the four-hour electronic notarization course at a local community college. The course and test are developed by the Department of the Secretary of State.

   3. Take the course taught by a certified Notary instructor (18 NCAC 07F .0302) and pass the exam with a score of 80% or better (GS 10B-107[a]; 18 NCAC 07F .0305). Purchase of the state’s “Electronic Notarization Manual” is essential.

   4. Complete the registration form online at http://www.secretary.state.nc.us/enotary/enotaryhowto.aspx. The application must be submitted within 3 months of successfully completing the Electronic Notary course (18 NCAC 07F .0402). Failure to do so will require the Notary to retake the course, submit a new application, and pay another fee (18 NCAC 07F .0404).

   5. Print out and sign the registration form and have it notarized.

   6. Send or bring the notarized registration form to the Department of the Secretary of State, with a $50 registration fee (GS 10B-108). (GS

   7. Obtain the Electronic Notary Oath Notification Letter from the Department.

   8. Present valid identification and take the Electronic Notary oath of office at the local county Register of Deeds office within 45 days of the issue date of the Electronic Notary commission.

   9. Obtain the Electronic Notary Certificate to Perform Electronic Notarizations from the Register of Deeds.

   10. To purchase an Electronic Notary signature and seal, present the Electronic Notary Certificate to Perform Electronic Notarizations to an authorized Electronic Notary Solution Provider. A list of approved Providers is available online at http://www.secretary.state.nc.us/enotary/enotarysp.aspx.
       “Please note that authorization of an electronic notary solution by the Department of the Secretary of State is NOT an endorsement by the State. Authorization means that the solution has met our technical and legal standards” (eNotary website, “Frequently Asked Questions” and 18 NCAC 07J. 0402).
       The Electronic Notary’s registration will expire on the same date as the commission, and both may be renewed at the same time (GS 10B-106[c1] and [c2]).

3. Course and Exam: “Before performing electronic or remote electronic notarial acts, a notary shall take a course of instruction of least four hours approved by the Secretary and pass an examination of this course, which shall be in addition to the educational requirements provided in Article 1 of this Chapter” (GS 10B-107[a]).
   “An electronic notary applicant shall submit an application to be registered as an electronic notary public within three months of successfully completing the electronic notary course” (18 NCAC 07F .0402).

4. Technologies: The Notary must register “all technology the electronic notary will use to create an electronic signature and also all licensed platforms, if any, that the electronic notary will use to perform remote electronic notarizations” (GS 10B-106[c]).

5. Term: “The term of registration as an electronic notary shall coincide with the term of the notary’s commission” (GS 10B-106[c1]).

6. Renewal

   1. At Time of Recommissioning: “A notary may renew an electronic notary registration at the same time that the notary applies for recommissioning” (GS 10B-106[c2]).

   2. After Recommissioning: “An electronic notary public who does not apply for reregistration as an electronic notary at the same time that the notary applies for recommissioning as a traditional notary and who later desires to reregister as an electronic notary shall:

      “(1) successfully complete the electronic notary course again;

      “(2) apply for reregistration; and

      “(3) pay the applicable fee” (18 NCAC 07F .0905).

   3. Follow All Procedures: “An electronic notary public applying to reregister as an electronic notary shall comply with application procedures:
      “(1) in Chapter 10B of the General Statutes; and
      “(2) in this Subchapter” (18 NCAC 07F .0902).

   4. Retake Course: “An applicant for reregistration as an electronic notary public shall successfully complete the electronic notary course again before applying” (18 NCAC 07F .0904).

7. Changes of Information: “Within 10 business days after the change of any registration information required of an electronic notary, including any changes involving a licensed platform, the notary shall electronically transmit to the Secretary a notice of the change of information signed in the official name in which the electronic notary was commissioned” (GS 10B-106[f]).

Online Search

“Find A Notary” is an online feature that allows current North Carolina Notaries to advertise their notarial services on the Department of the Secretary of State’s website. Notaries who register on the site may advertise their address (optional), geographic area served, languages spoken besides English, and capability to perform electronic notarial acts.

Jurisdiction

“A person commissioned under this Chapter may perform notarial acts in any part of this State.…” (GS 10B-9).

Term Length

A person commissioned under this Chapter may perform notarial acts in any part of this State for a term of five years, unless the commission is earlier revoked or resigned” (GS 10B-9).

Curative Provision: “Any acknowledgment taken and any instrument notarized by a person…whose notary commission has expired, is hereby validated. The acknowledgment and instrument shall have the same legal effect as if the person qualified as a notary public at the time the person performed the act” (GS 10B-65[a]). This applies to notarial acts performed on or before May 1, 2008 (GS 10B-65[e]).

Bond

Not required.

Changes of Status

1. Name Change: Within 45 days of a legal name change, the Notary must inform the Secretary by an online notification to the extent it is made available by the Secretary, fax, email or certified mail, return receipt requested, and must include both the old and the new name. The Notary may continue to use the old name in notarizing until:
   (a) receiving a confirmation from the Secretary;
   (b) obtaining a new seal with the new name; and
   (c) requalifying with the county register of deeds in the new name (GS 10B-51).
   If a name change occurs at the same time as a move to a new county, the Notary must apply for a new commission within 45 days of the name change, but may continue to notarize using the old name and seal until: (a) receiving a new appointment from the Secretary; (b) obtaining a new seal with the new name and county; and (c) qualifying with the register of deeds in the new county within 45 days of commissioning (GS 10B-53).

2. Address Change: “(a)Within 45 days after the change of a notary’s residence, business, or any mailing address or telephone number, the notary shall send to the Secretary by an online notification to the extent it is made available by the Secretary, fax, email, or certified mail, return receipt requested, a signed notice of the change, giving both old and new mailing and email addresses or telephone numbers.
   “(b) Information provided by a notary in accordance with this section shall be treated as if submitted in an application under G.S. 10B-7 or G.S. 10B-106” (GS 10B-50).
   If the move is to another county in the state, the Notary need not get a new seal. However, if recommissioned in the new county, then the Notary must get a new seal bearing the new county’s name and must register in the new county (GS 10B-52).

3. Resignation: A Notary who resigns the commission must notify the Secretary of the date of resignation by by an online notification to the extent it is made available by the Secretary, fax, email or certified mail, return receipt requested.
   “Notaries who cease to reside in or maintain a regular place of work or business in this State, or who become permanently unable to perform their notarial duties, shall resign their commissions…” Within 45 days of resignation, Notaries must deliver their seal to the Secretary by certified mail, return receipt requested, or other means offered by the United States Postal Service allowing confirmation of delivery by signature” (GS 10B-54 and GS 10B-55[a]).

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Authorized Acts

1. Notarial Acts: North Carolina Notaries are authorized to perform the following notarial acts (GS 10B-20[a] and 53C-6-13[a]):

   1. Take acknowledgments;

   2. Administer oaths and affirmations;

   3. Execute verifications or proofs;

   4. Inventory safe deposit boxes.

2. In-Person Electronic Notarial Acts: North Carolina Notaries who have registered as an Electronic Notary Public may perform the following notarial acts electronically (GS 10B-115):

   1. Acknowledgments;

   2. Jurats;

   3. Verifications or proofs; and

   4. Oaths or affirmations.

3. Remote Notarial Acts: North Carolina Notaries who have registered as an Electronic Notary Public may perform the following remote electronic notarial acts (GS 10B-115):

   1. Take acknowledgments;

   2. Execute jurats;

   3. Perform verifications or proofs; and

   4. Administer oaths or affirmations.

Acknowledgments

1. Definition: An acknowledgment is “(a) notarial act in which a notary certifies that at a single time and place all of the following occurred:
   “(a) An individual appeared in person before the notary and presented a record.
   “(b) The individual was personally known to the notary or identified by the notary through satisfactory evidence.
   “(c) The individual did either of the following:
   “(i) Indicated to the notary that the signature on the record was the individual’s signature.
   “(ii) Signed the record while in the physical presence of the notary and while being personally observed signing the record by the notary” (GS 10B-3[1]).

2. Requirements: “When executing an acknowledgment, the signer is acknowledging to the notary that the signature is the principal’s and that the principal signed the document willingly. Signing the document in the presence of the notary will accomplish this act since the notary actually witnesses the signer sign. However, if the document is presented with a signature already affixed, the notary must ask the signer if he or she willingly signed the document and the signer must respond in the affirmative” (NPG).
   “The document may or may not be signed in the presence of the notary when he or she is performing an acknowledgment. If the document has already been signed, the signer must indicate or acknowledge to the notary that he or she signed the document and did so willingly. G.S. 10B-3(1)” (NPG).

Oaths and Affirmations

1. Definitions

   1. An oath is “(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:
      “(a) An individual appeared in person before the notary.
      (b) The individual was personally known to the notary or identified by the notary through satisfactory evidence.
      “(c) The individual made a vow of truthfulness on penalty of perjury while invoking a deity or using any form of the word ‘swear’” (GS 10B-3[14]).

   2. An affirmation is “(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:
      “(a) An individual appeared in person before the notary.
      “(b) The individual was personally known to the notary or identified by the notary through satisfactory evidence.
      “(c) 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’” (GS 10B-3[2]).

2. Requirements: “Judges and other persons who may be empowered to administer oaths, shall (except in the cases in this Chapter excepted) require the party to be sworn to lay his hand upon the Holy Scriptures, in token of his engagement to speak the truth and in further token that, if he should swerve from the truth, he may be justly deprived of all the blessings of that holy book and made liable to that vengeance which he has imprecated on his own head.
   ”When the person to be sworn shall be conscientiously scrupulous of taking a book oath in manner aforesaid, he shall be excused from laying hands upon, or touching the Holy Gospel; and the oath required shall be administered in the following manner, namely: He shall stand with his right hand lifted up towards heaven, in token of his solemn appeal to the Supreme God, and also in token that if he should swerve from the truth he would draw down the vengeance of heaven upon his head, and shall introduce the intended oath with these words, namely:
   “I, A.B., do appeal to God, as a witness of the truth and the avenger of falsehood, as I shall answer the same at the great day of judgment, when the secrets of all hearts shall be known (etc., as the words of the oath may be) (GS 11-2 and 11-3).
   “An oath is typically given to a person who swears, invoking the name of a holy deity, with his or her left hand placed on a holy scripture and his or her right hand raised “lifted up toward heaven.” (See G.S. 11-3.) The holy scripture need not be the Christian Bible but may be any other sacred book, such as the Torah for people of the Jewish faith, the Koran for Muslims, or the Bhagavad-Gita for Hindus. The following language is suggested for an oath: ‘Do you swear that the facts you have given in this record are the truth, the whole truth, and nothing but the truth, so help you God?’” (NPG).
   “When a person to be sworn shall have conscientious scruples against taking an oath in the manner prescribed by G.S. 11-2, 11-3, or 11-7, he shall be permitted to be affirmed. In all cases the words of the affirmation shall be the same as the words of the prescribed oath, except that the word “affirm” shall be substituted for the word “swear” and the words “so help me God” shall be deleted” (GS 11-4).
   “If an oath or affirmation is the notarial act being performed, the signer must always sign the document in the presence of the notary. This is because the jurat wording associated with an oath or affirmation states that the document was signed and sworn to before the notary. If the document has already been signed, the signer will need to sign it again before the notary so that the notary can make a proper attestation” (NPG).

Verifications or Proofs

1. Definitions

   1. A verification or proof is “(a) notarial act in which a notary certifies that all of the following occurred:
      “(a) An individual appeared in person before the notary.
      “(b) The individual was personally known to the notary or identified by the notary through satisfactory evidence.
      “(c) The individual was not a party to or beneficiary of the transaction.
      (d) The individual took an oath or gave an affirmation and testified to one of the following:
      “(i) The individual is a subscribing witness and the principal who signed the record did so while being personally observed by the subscribing witness.
      “(ii) The individual is a subscribing witness and the principal who signed the record acknowledged his or her signature to the subscribing witness.
      “(iii) 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” (GS 10B-3[28]).

   2. A subscribing witness is “(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 subdivision (28) of this section” (GS 10B-3[26]).

2. Requirements: “(T)he execution of any instrument required or permitted by law to be registered, which has been witnessed by one or more subscribing witnesses, may be proved for registration before any official authorized by law to take proof of such an instrument, by a statement under oath of any such subscribing witness that the maker either signed the instrument in his presence or acknowledged to him the execution thereof” (GS 47-12).
   “A subscribing witness is 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 and is the central character when executing a verification or proof. This notarial act does not require the principal ever to appear before the notary public—instead, an impartial third party, the subscribing witness, is sent to “prove” that the principal did in fact sign the document. This type of notarial act is not often requested, probably due to the increased risk of fraud. Because of this disconnect, many entities will not accept this form of notarization. The North Carolina Division of Motor Vehicles (DMV) does not accept a verification or proof on a vehicle title” (NPG).
   A subscribing witness may not be a grantee or beneficiary of the document that is notarized (GS 47-12.2). If a subscribing witness is unavailable, incompetent, or there is no subscribing witness, proof of execution by handwriting is provided for (GS 47-12.1, 47-13 and 47-13.1).
   “There is another type of proof that is lawful for a notary to execute. A verification or proof by a non-subscribing witness may be executed if a document that had been executed in the past by either the principal or a subscribing witness is presented to the notary by an impartial third party who swears that the signature of the principal or subscribing witness is genuine. This is a rare type of notarial act that would only be called for in limited circumstances. To execute this particular act, an individual must personally appear before the notary with a document that has been previously executed by the principal or a subscribing witness. The notary must positively identify the individual and administer an oath or affirmation where the individual swears or affirms that:
   “He or she is not a party to or beneficiary of the transaction.
   “He or she recognizes the principal or subscribing witness’s signature as genuine.
   “The non-subscribing witness is not required to sign the document, which differentiates this notarial act from the proof of execution by subscribing witness” (NPG).

Safe Deposit Boxes

“If the rental due on a safe deposit box is 90 days or more past due, the lessor bank may send a notice by registered mail or certified mail, return receipt requested, to the last known address of the lessee or by another means agreed to in writing by the lessor bank and the lessee, stating that the safe deposit box will be opened and its contents stored at the expense of the lessee unless payment of the rental is made within 30 days of the date of the mailing of the notice or the date such notice is given by the means otherwise previously agreed to in writing by the lessor bank and the lessee. If the rental is not paid within the stated period, the box may be opened in the presence of an officer of the bank and of a notary public who is not a director, officer, employee, or shareholder of the bank. The contents shall be sealed in a package by the notary public, who shall write on the outside the name of the lessee and the date of the opening. The notary public shall execute a certificate reciting the name of the lessee, the date of the opening of the box, and a list of its contents. The certificate shall be included in the package, and a copy of the certificate shall be sent by registered mail or certified mail, return receipt requested, to the last known address of the lessee or by the means otherwise previously agreed to in writing by the lessor bank and the lessee. The package then shall be placed in the general vaults of the bank at a rental not exceeding the rental previously charged for the box” (GS 53C-6-13[a]).

In-Person Electronic Notarial Acts

Definition: “Electronic notarial act and electronic notarization. — An official act by an electronic notary public that involves electronic documents and the personal appearance of the principal” (GS 10B-101[3]).

Remote Notarial Acts

Definition: “Remote electronic notarization or remote electronic notarial act. - A notarial act performed by means of communication technology” (GS 10B-134.1[8]).

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Personal Appearance

1. Definition: “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” (GS 10B-3[16]).

2. Notarial Acts: A notary shall not perform a notarial act if …[t]he principal or subscribing witness is not in the notary’s presence at the time the notarial act is performed. However, nothing in this Chapter shall require a notary to complete the notarial certificate attesting to the notarial act in the presence of the principal or subscribing witness (GS 10B-20[c][1]).

3. In-Person Electronic Notarial Acts: “When an electronic notary public performs an electronic notarization, the principal shall be in the presence of the electronic notary at the time of notarization so that:
   “(1) the principal and the electronic notary can see, hear, and communicate with each other; and
   “(2) the principal can physically provide to the electronic notary identification documents as required under G.S. 10B-3(22)” (18 NCAC 07F .1101).

4. Remote Notarial Acts: “A notary shall not perform a notarial act if … [e]xcept as authorized in Part 4A of Article 2 of this Chapter, the principal or subscribing witness is not in the notary’s presence at the time the notarial act is performed.” Part 4A of Article contains the remote electronic notarial act provisions.

5. Phone Oaths: “Appearance of a witness by telephone does not comply with the definition of ‘personal appearance’ and ‘appear in person before a notary’ found in GS § 10B-3(16).…;” (Memorandum of Deputy Secretary Haley Haynes, September 9, 2008).
   The Memorandum continues: “A WORD OF CAUTION: A notary is committing a CRIME when administering an oath without the person appearing before them (GS §10B-60[c][1]). Furthermore, a person who solicits, coerces, or in any material way influences a notary to administer an oath without the person appearing in person before them also commits a crime (GS §10B-60[j]).”

Identification

1. Notarial Acts

   1. Requirement: “A notary shall not perform a notarial act if any of the following apply: …
      “(2) The principal or subscribing witness is not personally known to the notary or identified by the notary through satisfactory evidence” (GS 10B-20[c]).
      “A notary shall be guilty of a Class 1 misdemeanor if the notary does any of the following:
      …
      “(3) Takes an acknowledgment or administers an oath or affirmation without personal knowledge or satisfactory evidence of the identity of the principal.
      “(4) Takes a verification or proof without personal knowledge or satisfactory evidence of the identity of the subscribing witness” (GS 10B-60[c]).

   2. Personal Knowledge: Personal knowledge or personally known means “(f)amiliarity 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” (GS 10B-3[17]).

   3. Satisfactory Evidence: Satisfactory evidence means identification of an individual based on either of the following:
      “(a) at least one current document issued by a federal, a state, or a 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, or
      “(b) the vouching under oath or affirmation of one credible witness who personally knows the individual seeking to be identified (GS 10B-3[22]).

   4. Tribal IDs: “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” (NPG).

   5. Credible Witness: A credible witness is an individual who is personally known to the notary and to whom both of the following also apply:
      “(a) the notary believes the individual to be honest and reliable for the purpose of confirming to the notary the identity of another individual, and
      “(b) the notary believes the individual is not a party to or beneficiary of the transaction (GS 10B-3[5]).

   6. Representative Status: “In performing a notarial act ... a notary is under no duty to verify whether the individual acted in a representative capacity or fiduciary capacity or, if so, whether the individual was duly authorized so to do” (GS 10B-40[h]).

2. Remote Notarial Acts

   1. Requirement: Prior to the remote electronic notarial act, the electronic notary shall verify each remotely located principal’s identity through personal knowledge or a multifactor authentication procedure (GS 10B-134.11[a]). one of the following methods:

   2. Personal Knowledge: The standard for an Electronic Notary Public to satisfy personal knowledge of a remotely located individual is the same as for traditional notarial acts (GS 10B-3[7]).

   3. Multifactor Authentication: If a remotely located individual is not personally known to the Electronic Notary Public, the individual’s identity may be verified by all of the following:

      1. “Credential analysis, by a third-party vendor approved by the Secretary, of a 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” (GS 10B-134.11[a][2]a).

      2. “Identity proofing by a third-party vendor approved by the Secretary” (GS 10B-134.11[a][2]b).

      3. “Comparison, by the electronic notary, of the 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 presented by the remotely located principal during credential analysis and the image of the remotely located principal via the communication technology” (GS 10B-134.11[a][2]c).

      4. Definitions

         1. Credential Analysis: “A process or service through which a third-party vendor performs a remote analysis of the characteristics and security features of each identification of the remotely located principal pursuant to G.S. 10B-3(22)a” (GS 10B-134.1[3]).

         2. Identity Proofing: “A process or service through which a third-party vendor affirms the identity of a remotely located principal through review of personal information from public or proprietary data sources” (GS 10B-134.1[5]).

   4. Additional Information or Credentials: “Notwithstanding subsection (a) of [GS 10-8-134.11], an electronic notary may require the remotely located principal to provide additional information or identification credentials necessary to confirm the identity of the remotely located principal” (GS 10B-134.11[b]).

Refusal of Services

1. Notarial Acts: “There are various reasons for a notary to refuse to notarize a document. Three of the most important reasons for not performing a notarial act are
   “(1) the signer does not appear in person before the notary at the time of the notarization,
   “(2) the principal does not possess satisfactory evidence of identification, or
   “(3) the notary suspects that the document is fraudulent or will be used for fraudulent purposes” (NPG).

2. In-Person Electronic Notarial Acts: “An electronic notarization shall not be performed if the signer of the electronic document:
   “(1) Is not in the presence of the electronic notary at the time of notarization; and
   “(2) Is not personally known to the notary or identified by the evidence in accordance with other provisions of this Chapter; or
   “(3) For any reason set forth in G.S. 10B-20” (GS 10B-116).

3. Remote Notarial Acts: In addition to the prohibitions contained in G.S. 10B-134.3 and G.S. 10B-20, an electronic notary shall refuse to perform a remote electronic notarial act if any of the following applies:
   “(1) The electronic notary has reasonable grounds to believe the remotely located principal appears in the judgment of the electronic notary to be incompetent, lacking in understanding of the nature and consequences of the transaction requiring the notarial act, or acting involuntarily, under duress, or undue influence.
   “(2) The electronic notary becomes aware that the communication technology is not secure.
   “(3) The electronic signature of the remotely located principal cannot be attached to the electronic document for signature.
   “(4) Unless an oath that is not associated with a document is being administered, the electronic notary’s electronic notarial certificate and seal cannot be attached to the electronic document using an electronic technology that renders any subsequent change or modification to the document evident” (GS 10B-134.9[b]).

4. Additional Electronic Notary Grounds: “An electronic notary public shall not perform an electronic notarial act or a remote notarial act if there is:
   “(1) a complete technological failure that impedes the performance of the notarial act; or
   “(2) a partial technological failure that the electronic notary decides warrants termination of the transaction” (18 NCAC 07F .1107).

Competence and Volition

1. Notarial Acts: “(B)y making or giving a notarial certificate, whether or not stated in the certificate, a notary certifies to all of the following: … If the notarial certificate is for an acknowledgment or the administration of an oath or affirmation, the person whose signature was notarized did not appear in the judgment of the notary to be incompetent, lacking in understanding of the nature and consequences of the transaction requiring the notarial act, or acting involuntarily, under duress, or undue influence” (GS 10B-40[a2]).

2. Remote Notarial Acts: “All of the following shall occur prior to the performance of a remote electronic notarial act … [t]he remotely located principal does not appear in the judgment of the electronic notary to be incompetent, lacking in understanding of the nature and consequences of the transaction requiring the notarial act, or acting involuntarily, under duress, or undue influence” (GS 10B-134.9[a][2]).
   GS 10B-134.9(b)(2) provides that an Electronic Notary Public must refuse to perform a remote electronic notarial act for any remotely located individual that the Electronic Notary Public judges to be incompetent, lacking in understanding of the nature and consequences of the transaction requiring the notarial act, or acting involuntarily, under duress, or undue influence.

Signature by Mark

“A notary may certify the affixation of a signature by mark on a record presented for notarization if:
“1. The mark is affixed in the presence of the notary;
“2. The notary writes below the mark: ‘Mark affixed by (name of signer by mark) in presence of undersigned notary’; and
“3. The notary notarizes the signature by performing an acknowledgment, oath or affirmation, jurat, or verification or proof” (GS 10B-20[d]).

Facsimile Signature: “A person with a disability, as defined in G.S. 168A-3(7a), may use a registered signature facsimile as a proper mark of the person's legal signature. An example of the signature facsimile shall be registered by the person with a disability with the clerk of the superior court in the county where the person lives. The registered signature facsimile may be revoked at any time in writing by the person with a disability” (GS 22A-1).

“Person with a disability. -- Any person who (i) has a physical or mental impairment which substantially limits one or more major life activities; (ii) has a record of such an impairment; or (iii) is regarded as having such an impairment. The following definitions apply in this subdivision:
“a. Physical or mental impairment. -- Any of the following:
“1. Any physiological disorder or abnormal condition, cosmetic disfigurement, or anatomical loss, caused by bodily injury, birth defect, or illness, affecting a body system, including, but not limited to, neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine.
“2. Any mental or psychological disorder such as intellectual disability, organic brain syndrome, emotional or mental illness, and specific learning disability
“‘Physical or mental impairment’ excludes (i) sexual preferences; (ii) active alcoholism or drug addiction or abuse; and (iii) any disorder, condition, or disfigurement which is temporary in nature, lasting six months or fewer, and leaving no residual impairment. A disorder, condition, or disfigurement that is episodic or in remission is a physical or mental impairment if it would substantially limit a major life activity when active” (GS 168A-3[7a]).

Signature by Proxy

“If a principal is physically unable to sign or make a mark on a record presented for notarization, that principal may designate another person as his or her designee, who shall be a disinterested party to sign on the principal’s behalf pursuant to the following procedure:
“1. The principal directs the designee to sign the record in the presence of the notary and two witnesses unaffected by the record;
“2. The designee signs the principal’s name in the presence of the principal, the notary, and the two witnesses;
“3. Both witnesses sign their own names to the record near the principal’s signature;
“4. The notary writes below the principal’s signature: ‘Signature affixed by the designee in the presence of (names and addresses of principal and witnesses)’; and
“5. The notary notarizes the signature through an acknowledgment, oath or affirmation, jurat, or verification or proof” (GS 10B-20[e]).

Disqualifying Interest

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

1. Notarial Acts: “A nonattorney notary shall not assist another person in drafting, completing, selecting, or understanding a record or transaction requiring a notarial act” (GS 10B-20[k]).
   “If notarial certificate wording is not provided or indicated for a record, a notary who is not also a licensed attorney shall not determine the type of notarial act or certificate to be used. This does not prohibit a notary from offering the selection of certificate forms recognized in this Chapter or as otherwise authorized by law” (GS 10B-20[m]).
   “A notary shall not claim to have powers, qualifications, rights, or privileges that the office of notary does not provide, including the power to counsel on immigration matters” (GS 10B-20[n]).

2. Electronic, Remote Notarial Acts: “An electronic notary who is not a licensed North Carolina attorney is prohibited from rendering services or advice that constitutes the practice of law in this State” (GS 10B-134.25[b]).

Immigration Consultant

A non-attorney Notary may not represent himself or herself as an “immigration consultant” or expert on immigration matters unless the Notary is an accredited representative of an organization recognized by the Board of Immigration Appeals (GS 10B-20[j]).

Foreign-Language Documents

“May a notary public notarize a document that is in a foreign language? — Yes, but the notarial certificate must be in English” (website, “Frequently Asked Questions”).

Advertisements

“A notary public who is not an attorney licensed to practice law in this State who advertises the person’s services as a notary public in a language other than English, by radio, television, sign, pamphlets, newspapers, other written communication, or in any other matter, shall post or otherwise include with the advertisement the notice set forth in this subsection in English and in the language used for the advertisement. The notice shall be of conspicuous size, if in writing, and shall state: ‘I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN THE STATE OF NORTH CAROLINA, AND I MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.’ If the advertisement is by radio or television, the statement may be modified but must include substantially the same message” (GS 10B-20[i]).

“A notary public required to comply with the provisions of subsection (i) of this section shall prominently post at the notary public’s place of business a schedule of fees established by law, which a notary public may charge. The fee schedule shall be written in English and in the non-English language in which the notary services were solicited and shall contain the notice required in subsection (i) of this section, unless the notice is otherwise prominently posted at the notary public’s place of business” (GS 10B-20[l]).

Absentee Ballots

North Carolina Notaries may now witness absentee ballots as an alternative to such witnessing by two non-Notaries, as a result of enactment into law of legislation taking effect January 1, 2014 (House Bill 589, Chapter 2013-381).

The witnessing Notary must be present while the voter marks and folds the ballot and places it in the return envelope in compliance with GS 163-229(b). “The notary shall affix a valid notarial seal to the envelope, and include the word ‘Notary Public’ below his or her signature. The persons in whose presence the ballot is marked shall at all times respect the secrecy of the ballot and the privacy of the absentee voter unless the voter requests assistance and that person is otherwise unauthorized by law to give assistance” (GS 163-231[a]). Providing such requested assistance to a voter is generally restricted to the voter’s near relatives or legal guardian or to county election board members, employees or volunteers — see GS 163-226.3(a)(4) and GS 163-237(b).

“A notary may not charge any fee for witnessing and affixing a notarial seal to an absentee ballot application or certificate under GS 163-231” (GS 10B-30[d]).

Court Reporter’s Certification

“In the past, court reporters placed their notary seal on the certificate page in deposition transcripts. The Administrative Office of the Courts, in conjunction with the Secretary of State’s office, determined that certificate pages should not contain a notary seal, as court reporters should not appear to be notarizing their own signatures.

“A court reporter can comply with Rule 30 of the Rules of Civil Procedure without placing a notary seal on the certificate. The method that the court reporter must follow is to place his or her notary number under his or her name on the certificate page without affixing the notary seal. The notary’s unique commissioning number should only be used for official actions within the court system as it is a unique number and could be used unlawfully to glean personal information about the notary” (NPG).

Certifying Copies

“May a notary certify a true copy of a document? — No, a notary can’t certify a document as a true copy.” (Notary website, “Frequently Asked Questions”).

Certifying Photographs

“A notary shall neither certify, notarize, nor authenticate a photograph. A notary may notarize an affidavit regarding and attached to a photograph” (GS 10B-23[b]).

Testimonials

“A notary shall not use the official notary title or seal in a manner intended to endorse, promote, denounce, or oppose any product service, contest, candidate, or other offering. This section does not prohibit a notary public from performing a notarial act upon a record executed by another individual” (GS 10B-24).

Vehicle Titles

“I am notarizing a vehicle title. Who can I contact for help if I have questions? — You can call DMV at 919-715-7000. Or, you can go to the DMV website at http://www.ncdot.org/dmv” (Notary website, “Frequently Asked Questions”).

In-Person Electronic Notarial Acts

1. Applicable Law

   1. Uniform Electronic Transactions Act: North Carolina has adopted its own version of the Uniform Electronic Transactions Act, including the provision on notarization, thereby recognizing the legal validity of electronic signatures used by Notaries: “If a law requires a signature or record relating to a transaction to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record” (GS 66-321).

   2. Uniform Real Property Electronic Recording Act: North Carolina has adopted the Uniform Real Property Electronic Recording Act, including the following provision related to the notarization of electronic real property documents: “A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature of the person authorized to notarize, acknowledge, verify, witness, or administer the oath, and all other information required to be included, is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature. Nothing in this act shall prohibit the North Carolina Board of Examiners for Engineers and Surveyors from requiring that the image of a seal accompany any plat or map that is presented” (GS. 47-16.3).

   3. Electronic Notary Act: North Carolina in 2005 became the first in the nation ever to enact a comprehensive and detailed code, the Electronic Notary Act, that integrates paper-based and electronic notarial acts in Article 2 of Chapter 10B of the General Statutes.

   4. North Carolina Administrative Code: Effective January 1, 2007, North Carolina published permanent administrative rules implementing GS 10B, Article 2, and also GS 47, Article 1A, “Uniform Real Property Electronic Recording Act” (URPERA). The new rules are laid out in 18 NCAC 07C (“Electronic Notary Standards”), Subchapter 07F (“Electronic Notary Public Requirements”), and Subchapter 07J (“Requirements for Technology to Conduct Electronic Notarization”).

2. Technology Systems

   1. Approval of Systems: Required.

   2. List of System Providers: https://www.sosnc.gov/divisions/notary/e_notary_solution_providers.

3. Fees: For the maximum fees that a Notary may charge for an electronic notarization, see “Fees for Notarial Acts,” below.

4. Components of e-Document: “In performing an electronic or remote electronic notarial act, all of the following components shall be attached to, or logically associated with, the electronic document by the electronic notary, all of which shall be immediately perceptible and reproducible in the electronic record to which the notary’s electronic signature is attached:
   “(1) The notary’s name, state, and county of commissioning exactly as stated on the commission issued by the Secretary.
   “(2) The words “Electronic Notary Public” or Electronic Notary Public Utilizing Communication Technology.
   “(3) The words State of North Carolina.
   “(4) The expiration date of the commission.
   “(5) The notary’s electronic signature.
   “(6) The completed wording of one of the following notarial certificates:
   “a. Acknowledgment.
   “b. Jurat.
   “c. Verification or proof” (GS 10B-117).

5. Security Measures

   1. Requirement: “When not in use, the notary shall keep the notary’s electronic signature, electronic seal, and all other notarial records secure, under the exclusive control of the notary, and shall not allow them to be used by any other notary or any other person” (GS 10B-126[b]).

   2. Definition: “Under the exclusive control of the notary” means accessible by and attributable solely to the notary public to the exclusion of all other persons through being:
      “(a) in the case of a physical seal:

      “(i) in the direct physical custody of the notary; or

      “(ii) physically secured; or
      “(b) in the case of an electronic seal or electronic signature, secured with one or more methods of authentication in an approved electronic notarization system” (18 NCAC 07K .0101[32]).
      “
      “An electronic notary public shall not share the means of authentication that the electronic notary uses to access an electronic notarization system with anyone” (18 NCAC 07F .1004).

6. No Ink Signatures: “An electronic notary public shall not use the electronic notary’s electronic signature and electronic seal to notarize an ink signature signed by hand” (18 NCAC 07F .1105).

Remote Notarial Acts

1. Applicable Law

   1. Electronic Notary Act: Effective July 1, 2024, amendments to the North Carolina Electronic Notary Act authorized Notaries who are registered as Electronic Notaries to perform remote electronic notarial acts.

   2. North Carolina Administrative Code: Effective July 1, 2024, North Carolina published partial administrative rules for both electronic and remote electronic notarial acts in 18 NCAC Chapter 07. As noted above, additional rules for remote electronic notarial acts are forthcoming and will be summarized in this section when they become available.

2. Authority

   1. Location of Notary: “An electronic notary may perform a remote electronic notarial act authorized under this Part only while the electronic notary is physically located in this State” (GS 10B-1324.7[a]).

   2. North Carolina Laws Apply: “A remote electronic notarization performed by an electronic notary of this State under this Part is governed by the laws of this State” (GS 10B-1324.7[a]).

   3. Authorized Remote Notarial Acts: See “Notarial Acts,” above for the types of notarial acts that may be performed as a remote electronic notarial act (GS 10B-134.3[a]).

3. Location of Remotely Located Principal: “A principal who is not in the physical presence of the electronic notary and who is located at the time of the remote electronic notarial act in any of the following places:
   “a. Inside the United States.
   “b. Outside the United States and physically on the military installation or vessel named in the military orders assigning the member to active duty for more than 120 days, provided the remotely located principal is a member, spouse of a member, or dependent of a member of the Armed Forces of the United States.
   “c. Outside the United States at any of the following locations:
   “1. United States Embassy.
   “2. United States Consulate.
   “3. United States Diplomatic Mission” (GS 10B-134.1[10]).

4. Technology Systems

   1. Approval of Systems (Platforms): Required (GS 10B-134.19[a]). An Electronic Notary may only use technology providers approved or licensed by the Department of the Secretary of State and listed on the Department’s website (18 NCAC 07F .0602)

   2. Definition: “Platform. - The online platform utilizing the communication technology, credential analysis, and identity proofing and including communication technology recordings, geolocation, electronic journals, and depository services in order to perform the remote electronic notarial act” (GS 10B-134.1[6]).

   3. List of System Providers: When a list of approved remote electronic notarial act platforms is published, we will update this paragraph with a link to the Department of the Secretary of State’s website where the platforms are listed.

5. Prohibited Documents: “Notwithstanding subsection (a) of this section, an electronic notary shall not perform any remote electronic notarial act with regard to any of the following documents:
   “(1) A self-proved will executed pursuant to Article 4A of Chapter 31 of the General Statutes.
   “(2) A revocable or irrevocable trust or any other document amending the same except for a certification of trust or similar document.
   “(3) Repealed by Session Laws 2023-57, s. 9(b), effective July 1, 2024.
   “(4) A codicil to a will.
   “(5) Any document related to the relinquishment of parental rights under Article 3 of Chapter 48 of the General Statutes.
   “(6) Mail-in absentee ballots issued under Article 20 of Chapter 163 of the General Statutes” (GS 10B-134.3[c]).
   Note: These prohibited documents do not apply when, at the time of the remote electronic notarial act, the remotely located principal is located outside the United States and physically on the military installation or vessel named in the military orders assigning the member to active duty for more than 120 days, provided the remotely located principal is a member, spouse of a member, or dependent of a member of the Armed Forces of the United States (GS 10B-134.3[d], 10B-134.1[10]b).

6. Powers of Attorney Related to Real Property: “No remotely notarized power of attorney may be used by the attorney-in-fact with any other remotely notarized document to convey title to, or transfer any interest in, a remotely located principal’s real property. A power of attorney executed by a remotely located principal under this Part shall be recorded in at least one county register of deeds office in this State. This subsection does not apply to powers of attorney executed by a remotely located principal described in G.S. 10B-134.1(10)b” (GS 10B-134.3[e]).

7. Communication Technology

   1. Requirements: “The communication technology used by an electronic notary to perform remote electronic notarial acts for remotely located principals shall comply with all of the following requirements:
      “(1) Host the meeting between the electronic notary and the remotely located principal in real time.
      “(2) Allow direct interaction between the remotely located principal seeking the electronic notary’s services and the electronic notary so that each can communicate simultaneously by sight and sound through communication technology.
      “(3) Include audio with sound clear enough that each participant in the remote electronic notarial act can hear and understand all other participants.
      “(4) Have sufficient video quality to allow a clear and unobstructed visual observation of the face of each participant and the document presented by the remotely located principal during credential analysis for a sufficient time to allow the electronic notary to verify the remotely located principal’s identity under G.S. 10B-134.11. The electronic notary shall determine if the time is sufficient.
      “(5) Not include prerecorded video or audio or both.
      “(6) Be capable of recording using the communication technology’s recording and storage services.
      “(7) Be capable of geolocating the remotely located principal to corroborate the location of the remotely located principal” (GS 10B-134.5[a]).

   2. Protected Access: “The electronic notary shall take reasonable steps to provide that the communication technology used in a remote electronic notarization is secure from unauthorized interception. An electronic notary shall select one or more tamper-evident technologies to perform remote electronic notarial acts with respect to electronic documents. In addition to any requirements of this Article or established by the Secretary, the communication technology shall provide automated backup of the communication technology recording” (GS 10B-134.5[b]).

8. Requirements Before Performing Remote Notarial Act

   1. Attorney Involvement: “The electronic notary shall ask the remotely located principal if the remotely located principal would like an attorney to participate in the remote notarization, and allow for such if so requested” (GS 10B-134.9[4]).

   2. Verbal Statement of Documents, Transaction: “The remotely located principal shall verbally state what documents are being signed for the notarial record or describe the general nature of the transaction

   3. Location of Remotely Located Principal: “The location of the remotely located principal shall be verified by geolocation via communication technology or by self-attestation” (GS 10B-134.9[6]).

9. Refusal of Service: For the grounds requiring an Electronic Notary to refuse to perform a remote electronic notarial act, see “Refusal of Services,” above.

10. No Remote Ink Notarial Acts: “An electronic notary public shall not use the electronic notary’s electronic signature and electronic seal to notarize an ink signature signed by hand” (18 NCAC 07F .1105).

11. Confidentiality: “Information gained from a remotely located principal in the course of performing a remote electronic notarization shall be treated as confidential by the electronic notary” (GS 10B-134.9[f]).

12. Remote Oaths and Affirmations

    1. Requirement: “Except as provided in subsection (d) of this section, if the remote electronic notarial act is an oath or affirmation, the electronic notary shall administer the oath or affirmation to the remotely located principal utilizing a licensed platform” (GS 10B-134.9[c]).

    2. Judicial Proceedings: “In judicial actions or proceedings, any notary public registered with the Secretary, whether or not registered as an electronic notary, may administer an oath or affirmation to a witness that does not require remote electronic notarization of a record or a notarial certificate and seal when done in person, provided all of the following apply:
       “(1) The notary is physically located in this State at the time the oath or affirmation is administered to the remotely located witness.
       “(2) Communication technology is utilized. The notary shall not be required to select the medium of communication technology or to retain a communication technology recording of the performance of each remote oral oath or affirmation.
       “(3) All requirements of this Article relating to the identity proofing of the witness are satisfied” (GS 10B-134.9[d]).

13. Real Estate Transactions: “Nothing in this Part shall be construed to alter or supersede the law as set forth in Chapter 84 of the General Statutes, G.S. 10B-20(i) through (k), G.S. 75-1.1, or any opinion or ruling by a North Carolina court of competent jurisdiction or the North Carolina State Bar ruling pertaining to the unauthorized practice of law in this State, including the requirements that a licensed North Carolina attorney shall supervise a residential real estate closing under Authorized Practice Advisory Opinion 2002-1 issued by the North Carolina State Bar and perform all services defined as the practice of law for real property located in this State” (GS 10B-134.25[a]).

14. Platform Approval

    1. Secretary Review and Approval: “The Secretary shall review and issue platform licenses to qualified applicants. The applicant shall complete and submit an application on a form prescribed by the Secretary and pay a licensing fee of five thousand dollars ($5,000)” (GS 10B-134.19[b]). There is also a $5,000 annual renewal fee (GS 10B-134.19.f]).

    2. Background Check: “The Secretary shall conduct a background investigation on the applicant and persons described in subdivision (2) of subsection (c) of this section as deemed necessary by the Secretary. The background investigation shall include a criminal history record check, to which the applicant and person described in subdivision (2) of subsection (c) of this section must consent” (GS 10B-134.19[d]).

    3. Standards for Approval:

       1. Moral Character and Capabilities: “The Secretary shall award a license only to applicants who are of good moral character and who provide a communication technology capable of all of the following:

          “(1) A manner of ensuring that the electronic record presented for remote electronic notarization is the same record electronically signed by the remotely located principal.
          “(2) Securely creating and storing, or transmitting securely to be securely stored, the communication technology recording, keeping confidential the questions asked as part of any identity proofing and the means and methods used to generate the credential analysis.
          “(3) A manner of ensuring that real-time communications are secure from unauthorized interception, access, or viewing.
          “(4) Reasonable security measures to prevent unauthorized access to all of the following:

          “a. The live transmission of the remote electronic notarial act.
          “b. Any communication technology recording of the remote electronic notarial act.
          “c. The verification methods and credentials used to verify the identity of the remotely located principal.
          “d. The electronic documents presented for remote electronic notarization.

          “(5) Geolocation of the remotely located principal” (GS 10B-134.19[e]).

       2. Definitions

          1. Geolocation: “Identification of the geographical location of a remotely located principal or device used by a remotely located principal through digital information processed via the internet” (GS 10B-134.1[4a]).

          2. Third-Party Vendor: “Any person providing credential analysis, identity proofing, or custodial services to electronic notaries” (GS 10B-134.1[12]).

    4. Platform “Tax”: “Each platform licensee shall collect a five dollar ($5.00) per remote notarial act fee and remit fees collected at least monthly to the Secretary in a manner determined by the Secretary. All fees so remitted to the Secretary shall be placed in a nonreverting agency reserve account to be used by the Secretary in the implementation and enforcement of this Part” (GS 10B-134.19[g]).

    5. Standards and Enforcement: In offering services to North Carolina Electronic Notaries. Platform licensees and third-party vendors must meet all standards established by the Secretary of State. The Department of the Secretary of State may enforce the standards for providing platform and technology services to North Carolina Electronic Notaries (GS 10B-134.23).

15. Validity of Remote Notarial Acts: “Any non-material failure of the electronic notary to comply with the requirements of the remote electronic notarization does not invalidate the notarial act or the electronic record that was remotely notarized. An aggrieved person is not prevented from using failures in the remote electronic notarization process, along with other grounds, to challenge the validity or enforceability of the remote electronic notarization based on fraud, forgery, impersonation, duress, incompetence, undue influence, minority, illegality, unconscionability, or another basis not related to the remote electronic notarial act or constructive notice provided by recording of the electronic record” (GS 10B-134.9[e]).

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Certificate Requirement

“A notary shall not notarize a signature on a record without a notarial certificate indicating what type of notarial act was performed” (GS 10B-23[a]).

Certificate Forms

The Notary Public Act contains certificate forms for use by North Carolina Notaries. These and other certificate forms found in the property and other statutes, as well as additional forms authorized by the Secretary of State appear below.

Following the name of the principal, a phrase may be added to indicate the principal’s representative or fiduciary capacity (e.g., “… Mary S. Jones, as President of XYZ Corporation”). Other common types of representative or fiduciary capacity include other officers of a corporation, a general partner on behalf of a partnership or limited partnership, a manager on behalf of a limited liability company, and a trustee on behalf of a trust or association. Execution by an ecclesiastical officer such as a minister or bishop is done in the same manner, with the capacity indicated. An individual using an assumed or “doing business as” name may also adapt this form. (See NPG 4.2.1.3.)

• “The name of the principal may be omitted if the name of the principal is located near the jurat, and the principal who so appeared before the notary is clear from the record itself” GS 10B-43(d)(1).

ADDITIONAL FORMS: The following additional certificates are some of the many prescribed by Chapter 47 of the General Statutes for real estate documents, but “any statute that permits or requires the use of a notarial certificate contained within Chapter 47 of the General Statutes may also be satisfied by the use of a notarial certificate permitted by this Part (i.e., GS 10B-40 through 10B-43)” (GS 10B-40[g]). See also GS 47-37.1 and NPG 4.1.

The following certificate is suitable for taking the acknowledgment of “one or more individuals acting on behalf of an unincorporated association, as an officer or director of a corporation, as a partner of a general or limited partnership, as a manager or member of a limited liability company, as the trustee of a trust, as the personal representative of a decedent’s estate, as an agent or attorney in fact for another, as the guardian of a minor or an incompetent, or as a public official.”

ADDITIONAL CORPORATE FORMS: For acknowledgments by a corporation in different circumstances, the following three “alternative” certificates may be used.

For deeds and other documents conveying an interest in real estate that are executed by a corporation, if the deed or other instrument is executed by an officer of the corporation, signing the name of the corporation in his or her official capacity, then the form below may be used. If the officer of the corporation is its chairman, president, chief executive officer, vice president, assistant vice president, treasurer or chief financial officer (GS 47-41.01[d][4]), there is no need for attestation by another corporate officer, and a corporate seal is not required.

For deeds and other documents conveying an interest in real estate that are executed by a corporation, if the deed or other instrument is executed by an officer of the corporation, signing the name of the corporation in his or her official capacity, is sealed with its common or corporate seal, and is attested by another person who is an attesting officer of the corporation, then the form below may be used. The officer of the corporation could be its chairman, president, chief executive officer, vice president, assistant vice president, treasurer or chief financial officer (GS 47-41.01[d][4]). The attesting officer of the corporation is its secretary or assistant secretary, trust officer, assistant trust officer, associate trust officer, or in the case of a bank, its secretary, assistant secretary, cashier or assistant cashier (GS 47-41.01[d][5]). Only this attesting officer need appear before the Notary.

For deeds and other documents conveying an interest in real estate that are executed by a corporation, if the deed or other instrument is executed by the signature of the president, vice president, presiding member or trustee of the corporation, sealed with its common seal and attested by its secretary or assistant secretary, then the form below may be used.

Proof by Nonsubscribing Witness

“A notarial certificate for the verification or proof of the signature of a principal or a subscribing witness by a nonsubscribing witness taken by a notary is sufficient and shall be accepted in this State if it is substantially in the form set forth in GS 10B-42.1, if it is substantially in a form otherwise prescribed by the laws of this State, or if it includes all of the following:
“1. Identifies the state and county in which the verification or proof occurred.
“2. Names the nonsubscribing witness who appeared in person before the notary.
“3. Names the principal or subscribing witness whose signature on the record is to be verified or proven.
“4. Indicates that the nonsubscribing witness certified to the notary under oath or by affirmation that the nonsubscribing witness is not a party to or beneficiary of the transaction and that the nonsubscribing witness recognizes the signature of either the principal or the subscribing witness and that the signature is genuine.
“5. States the date of the verification or proof.
“6. Contains the signature and seal or stamp of the notary who took the verification or proof.
“7. States the notary’s commission expiration date” (GS 10B-40[c1]).

English Language Certificate

“A notary shall not execute a certificate that is not written in the English language. A notary may execute a certificate written in the English language that accompanies a record written in another language, which record may include a translation of the notarial certificate into the other language. In those instances, the notary shall execute only the English language certificate” (GS 10B-22[b]).

Sufficiency of Certificate

1. Acknowledgment: “A notarial certificate for the acknowledgment taken by a notary of a principal who is an individual acting in his or her own right or who is an individual acting in a representative or fiduciary capacity is sufficient and shall be accepted in this State if it is substantially in the form set forth in GS 10B-41, if it is substantially in a form otherwise prescribed by the laws of this State, or if it includes all of the following:
   “1. Identifies the state and county in which the acknowledgment occurred.
   “2. Names the principal who appeared in person before the notary.
   “3. Indicates that the principal appeared in person before the notary and the principal acknowledged that he or she signed the record.
   “4. States the date of the acknowledgment.
   “5. Contains the signature and seal or stamp of the notary who took the acknowledgment.
   “6. States the notary’s commission expiration date” (GS 10B-40[b]).

2. Oath or Affirmation: “A notarial certificate for an oath or affirmation taken by a notary is sufficient and shall be accepted in this State if it is substantially in the form set forth in GS 10B-43, if it is substantially in a form otherwise prescribed by the laws of this State, or if it includes all of the following:
   “1. (Repealed by Session Laws 2006-59, s. 18, effective October 1, 2006.)
   “2. Names the principal who appeared in person before the notary unless the name of the principal otherwise is clear from the record itself.
   “3. (Repealed by Session Laws 2006-59, s. 18, effective October 1, 2006.)
   “4. Indicates that the principal who appeared in person before the notary signed the record in question and certified to the notary under oath or by affirmation as to the truth of the matters stated in the record.
   “5. States the date of the oath or affirmation.
   “6. Contains the signature and seal or stamp of the notary who took the oath or affirmation.
   “7. States the notary’s commission expiration date” (GS 10B-40[d]).

3. Verification or Proof: “A notarial certificate for the verification or proof of the signature of a principal by a subscribing witness taken by a notary is sufficient and shall be accepted in this State if it is substantially in the form set forth in GS 10B-42, if it is substantially in a form otherwise prescribed by the laws of this State, or if it includes all of the following:
   “1. Identifies the state and county in which the verification or proof occurred.
   “2. Names the subscribing witness who appeared in person before the notary.
   “3. (Repealed by Session Laws 2006-59, s. 18, effective October 1, 2006.)
   “4. Names the principal whose signature on the record is to be verified or proven.
   “5. Indicates that the subscribing witness certified to the notary under oath or by affirmation that the subscribing witness is not a party to or beneficiary of the transaction, signed the record as a subscribing witness, and either (i) witnessed the principal sign the record, or (ii) witnessed the principal acknowledge the principal’s signature on the record.
   “6. States the date of the verification or proof.
   “7. Contains the signature and seal or stamp of the notary who took the verification or proof.
   “8. States the notary’s commission expiration date” (GS 10B-40[c]).

Out-of-State Certificate

“On records to be filed, registered, recorded, or delivered in another state or jurisdiction of the United States, a North Carolina notary may complete any notarial certificate that may be required in that other state or jurisdiction” (GS 10B-40[f]).

Certificate Defects Cured

“Technical defects, errors, or omissions in a notarial certificate shall not affect the sufficiency, validity, or enforceability of the notarial certificate or the related instrument or document” (GS 10B-68[a]).

Documents Without Certificate

“When a document is presented to a notary for notarization and does not include a notary certificate, the notary must ask the signer what type of notarization is needed. Notaries are not permitted to determine which type of notary certificate should be used… In instances where the document does not have a pre-printed notary certificate, the notary may allow the signer to choose from all of the certificates in this publication and select the one that he or she would like the notary to execute. Another option would be to have the signer consult an attorney or the entity to which the signer is planning to send the document to determine which notarial act is needed. After the signer has determined which notarization is needed, the notary may attach a certificate with the requested notarial wording to the back of the signature page with a staple or, if there is room on the document under the principal’s signature, the notary may type or print the statutory wording on the document itself” (NPG).

Blank Spaces in Certificate

“Before signing a notarial certificate and except as provided in this subsection, a notary shall cross out or mark through all blank lines or spaces in the certificate. However:
“1. Notwithstanding the provisions of this section, a notary shall not be required to complete, cross out, or mark through blank lines or spaces in the notary certificate form provided for in G.S. 47-43 indicating when and where a power of attorney is recorded if that recording information is not known to the notary at the time the notary completes and signs the certificate;
“2. A notary’s failure to cross out or mark through blank lines or spaces in a notarial certificate shall not affect the sufficiency, validity, or enforceability of the certificate or the related record; and
“3. A notary’s failure to cross out or mark though blank lines or spaces in a notarial certificate shall not be grounds for a register of deeds to refuse to accept a record for registration” (GS 10B-20[o]).

False Certificate

“A notary shall not execute a notarial certificate containing information known or believed by the notary to be false” (GS 10B-22[a]).

Remote Electronic Notarial Certificate

Definition: “The portion of a notarized electronic document that is completed by the electronic notary and contains all of the following:
“a. The electronic notary’s electronic signature and the electronic notary’s electronic seal.
“b. The facts attested to by the electronic notary in a particular notarization.
“c. A statement in the acknowledgement, jurat, or verification certificate identifying where the remotely located principal was physically located at the time of the remote electronic notarization.
“d. A statement that the notarization is a remote electronic notarization performed using communication technology by an electronic notary” (GS 10B-134.1[7]).

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Definitions

1. “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” (GS 10B-3[23]).

2. “Electronic notary seal and electronic seal. — Information within a notarized electronic document that includes the notary’s name, jurisdiction, and commission expiration date, and generally corresponds to data in notary seals used on paper documents” (GS 10B-101[5]).

Seal Requirement

1. Notarial Acts: Required.
   “A notary shall affix the notary’s official seal near the notary’s official signature on the notarial certificate of a record” (GS 10B-37[a]).

2. In-Person Electronic Notarial Acts: Required.
   “An image of the electronic notary’s electronic seal shall appear on any visual or printed representation of the electronic notary certificate regardless of the technology being used to affix the electronic notary’s electronic seal” (18 NCAC 07F .0805).

3. Electronic Real Property Records: Not required.
   “A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature” (GS. 47-16.3).

Seal Format

1. Notarial Acts

   1. Inked Stamp or Embosser: “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” (GS 10B-3[23]).
      “Any reference in the General Statutes to the seal of a notary shall include the stamp of a notary, and any reference to the stamp of a notary shall include the seal of the notary” (GS 10B-37[e]).

   2. Shape/Size: “The notary seal may be either circular or rectangular in shape. Upon receiving a commission or a recommission on or after October 1, 2006, a notary shall not use a circular seal that is less than 1½ inches, nor more than 2 inches in diameter. The rectangular seal shall not be over 1 inch high and 2½ inches long. The perimeter of the seal shall contain a border that is visible when impressed” (GS 10B-37[c]).

   3. Components: A Notary’s official seal must include all of the following components (GS 10B-37[b]):

      1. Name of Notary exactly as it appears on commission;

      2. “Notary Public”;

      3. Name of county in which commissioned, including the word “County” or “Co.”;

      4. “North Carolina” or “NC”.

      5. OPTIONAL: Commission expiration date.

2. In-Person Electronic Notarial Acts: “The electronic notary seal is a unique, independently verifiable image with a border containing the electronic notary’s name exactly as commissioned, the words ‘Electronic Notary Public’, the words ‘North Carolina’ or ‘N.C.’, and the county of commission including the word ‘County’ or ‘Co.’. The physical appearance of the seal replicates the appearance of an inked seal on paper and shall appear on any visual or printed representation of the electronic notary certificate. The electronic notary seal is attached or logically associated with the document, linking the data in such a manner that any subsequent alterations to the underlying document or electronic notary certificate are observable through visual examination. The seal must also be retained under the electronic notary’s sole control” (eNotary website, “Frequently Asked Questions”; GS 10B-101[5]; 18 NCAC 07F .0801, .0802, .0803, .0804, and .0805).
   “An electronic notary public’s electronic seal shall include no information or images other than those required by [18 NCAC 07F) Rule .0807 of this Subchapter” (18 NCAC 07F .0810).

Examples

The below typical, actual-size examples of rubber stamp, embossing, and electronic Notary seals are allowed by North Carolina law. Other formats may also be permitted..

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Placement of Seal

“A notary shall affix the notary’s official seal near the notary’s official signature on the notarial certificate of a record” (GS 10B-37[a]). “The notary shall place the image or impression of the seal near the notary’s signature on every paper record notarized. The seal and the notary’s signature shall appear on the same page of a record as the text of the notarial certificate” (GS 10B-36[b]).

Legibility of Seal

“A notarial act shall be attested by all of the following:
…
“(3) The clear and legible appearance of the notary’s stamp or seal” (GS 10B-20[b]).

“The acceptance of a record for registration by the register of deeds shall give rise to a presumption that, at the time the record was presented for registration, a clear and legible image of the notary’s official seal was affixed or embossed on the record near the notary’s official signature. This presumption applies regardless of whether the image is legible or photographically reproduced in the records maintained by the register of deeds. A register of deeds may not refuse to accept a record for registration because a notarial seal does not satisfy the requirements of GS 10B-37” (GS 47-14).

Alterations to Seal

“Alterations to any information contained within the seal as embossed or stamped on the record are prohibited” (GS 10B-37[c1]).

Noncompliant Seal

“The failure of a notarial seal to comply with the requirements of this section shall not affect the sufficiency, validity, or enforceability of the notarial certificate, but shall constitute a violation of the notary’s duties” (GS 10B-37[f]).

Contemporaneous Affixing of Seal

“The seal shall be affixed only after the notarial act is performed” (GS 10B-36[b]).

Attesting Notarial Acts

“A notarial act shall be attested by all of the following:
“1. The signature of the notary, exactly as shown on the notary’s commission.
“2. The legible appearance of the notary’s name exactly as shown on the notary’s commission. The legible appearance of the name may be ascertained from the notary’s typed or printed name near the notary’s signature or from elsewhere in the notarial certificate or from the notary’s seal if the name is legible.
“3. The clear and legible appearance of the notary’s stamp and seal.
“4. A statement of the date the notary’s commission expires. The statement of the date that the notary’s commission expires may appear in the notary’s stamp or seal or elsewhere in the notarial certificate” (GS 10B-20[b]).

1. Handwritten Signature: “When notarizing a paper record, a notary shall sign by hand in ink on the notarial certificate. The notary shall comply with the requirements of GS 10B-20(b)(1) and (b)(2). The notary shall affix the official signature only after the notarial act is performed. The notary shall not sign a paper record using the facsimile stamp or an electronic or other printing method” (GS 10B-35).

2. Erroneous Date: “An erroneous statement of the date that the notary’s commission expires shall not affect the sufficiency, validity, or enforceability of the notarial certificate or the related record if the notary is, in fact, lawfully commissioned at the time of the notarial act. This section applies to notarial acts whenever performed” (GS 10B-67).

Electronic Notary Seal

1. Definition: “Electronic notary seal and electronic seal. - Information within a notarized electronic document that includes the notary’s name, jurisdiction, and commission expiration date, and generally corresponds to data in notary seals used on paper documents” (GS 10B-101[5]).

2. Standards: “The electronic notary public’s seal shall:
   “(1) be attached to, or logically associated with, a notarized document; and
   “(2) link the data in such a manner that any subsequent alterations are observable through visual examination of:
   “(a) the underlying document; or
   “(b) the electronic notary certificate” (18 NCAC 07F .0804).

3. Exclusive Use: “Only the electronic notary public whose commission name and county of commission is incorporated into the electronic seal is permitted to apply the electronic notary’s electronic notary seal to an electronic document” (18 NCAC 07F .0808).

4. Appearance: “An electronic notary public shall:
   “(1) electronically affix the electronic notary seal; and
   “ (2) verify that the image is an accurate representation of the seal” (18 NCAC 07F .08).

5. Verification Upon First Use: “An electronic notary public shall review the electronic notary’s electronic seal for compliance with the rules in this Section before the seal is used for the first time” (18 NCAC 07F .0811).

6. Verification Upon Each Use: “An electronic notary public shall ensure that the electronic notary’s electronic seal complies with Chapter 10B of the General Statutes and the rules in this Subchapter each time it is affixed” (18 NCAC 07F .0809).

7. Timing of Affixation: “An electronic notary public shall not affix the electronic notary’s electronic seal until:
   “(1) the principals have appeared before the electronic notary as required by Article 2 of Chapter 10B of the General Statutes;
   “(2) the principals have been identified;
   “(3) the oaths or affirmations have been administered, if required;
   “(4) the principals have affixed their signatures to the electronic document or acknowledged them, if applicable; and
   “(5) the journal entry has been made in accordance with the rules in 18 NCAC 07I” (18 NCAC 07F .0812).

8. Verification After Use: “After the electronic notary public affixes the electronic notary’s electronic seal, and before the electronic notary commits the electronic seal, the electronic notary shall review the notary’s electronic seal to ensure that it:
   “(1) is present on the notary certificate;
   “(2) is legible; and
   “(3) does not obscure:
   “(a) the notary certificate;
   “(b) any content in the notary certificate; or
   “(c) any content in the document being notarized” (18 NCAC 07F .0813).

9. Independently Verifiable: “The electronic notary seal shall be independently verifiable and specific to each electronic notary public” (18 NCAC 07F .0801).

10. Security: An Electronic Notary must safeguard the Electronic Notary’s electronic seal (GS 10B-126[a]).
    An Electronic Notary must keep the Electronic Notary’s electronic seal under the exclusive control of the Electronic Notary and not allow it to be used by any other Notary or any other person (GS 10B-126[b]).
    “The electronic notary public shall retain exclusive control of the electronic notary seal such that the electronic signature can be attributed solely to the electronic notary” (18 NCAC 07F .0802).
    “Under the exclusive control of the notary” means accessible by and attributable solely to the notary public to the exclusion of all other persons through being:

    “(a) in the case of a physical seal:

    “(i) in the direct physical custody of the notary; or

    “(ii) physically secured; or

    “(b) in the case of an electronic seal or electronic signature, secured with one or more methods of authentication in an approved electronic notarization system” (18 NCAC 07K .0101[32]).

11. Protected Access: An Electronic Notary must limit access to the Electronic Notary’s electronic seal by complying with the provider’s requirements for the use of means of authentication approved by the Department (18 NCAC 07F .1002).

12. “Commitment”

    1. Requirements: After an electronic notary public has complied with the requirements of Sections .0700 and .0800 of this Subchapter with regard to review of signatures and seals after affixing them, the electronic notary shall:
       “(1) ensure that the required journal entry has been made; and
       “(2) then commit:
       “(a) the electronic notarial signature;
       “(b) the electronic notarial seal; and
       “(c) the content of the journal entry” (18 NCAC 07F .0814).

    2. Definition: “'Commit' means the final step in the notarial act after which:
       “(a) the notarial act is complete;
       “(b) all entries are permanent; and
       “(c) no changes can be made to the entries made permanent pursuant to Sub-Item (b) of this Item” (18 NCAC 07K .0101[6]).

13. Rules for Employers: “(a) Neither the employer nor any of the employer’s employees or agents shall use or permit the use of an electronic notary seal or electronic notary signature by anyone other than the electronic notary public to whom it is registered.
    “(b) Upon the cessation of employment of an electronic notary public, the employer of the electronic notary shall:
    “(1) have no control of the electronic notary’s electronic notary seal; or
    “(2) eliminate the ability of any other person to use the former electronic notary employee’s electronic notary seal and electronic notary’s electronic signature” (18 NCAC 07F .1001).

Seal Defects Validated

“(b) All documents bearing a notarial seal and which contain any of the following errors are validated and given the same legal effect as if the errors had not occurred:
“1. The date of the expiration of the notary’s commission is stated, whether correctly or erroneously.
“2. The notarial seal does not contain a readable impression of the notary’s name, contains an incorrect spelling of the notary’s name, or does not bear the name of the notary exactly as it appears on the commission, as required under GS 10B-37.
“3. The notary’s signature does not comport exactly with the name on the notary commission or on the notary seal, as required by GS 10B-20.
“4. The notarial seal contains typed, printed, drawn, or handwritten material added to the seal, fails to contain the words ‘North Carolina’ or the abbreviation ‘NC’, or contains correct information except that instead of the abbreviation for North Carolina contains the abbreviation for another state.
“5. The date of the acknowledgment, the verification or proof, or the oath or affirmation states the correct day and month but lacks a year or states an incorrect year” (GS 10B-65[b]).
“(e) This section applies to notarial acts performed on or before April 1, 2021” (GS 10B-65[e]).

Obtaining a Seal

“A vendor or manufacturer shall not provide a notary seal to a purchaser claiming to be a notary, unless the purchaser presents a notary commission issued by the Secretary and one of the following applies:
“(1) In the case of a purchaser appearing in person, the vendor or manufacturer identifies this individual as the person named in the commission, through either personal knowledge or satisfactory evidence of identity.
“(2) In the case of a purchaser ordering a seal by mail or delivery service, the vendor or manufacturer confirms the notary's standing as a commissioned notary as established by rules issued by the Secretary. Such rules may include the establishment of an internet site or other means maintained by the Secretary for this purpose” (GS 10B-36[e]).

Ownership and Security of Seal

“A notary shall keep an official seal or stamp that is the exclusive property of the notary. The notary shall keep the seal in a secure location. A notary shall not allow another person to use or possess the seal, and shall not surrender the seal to the notary’s employer upon termination of employment” (GS 10B-36[a]).

Stolen, Lost or Damaged Seal

1. Physical Seal: “A notary shall do the following within 10 days of discovering that the notary’s seal has been lost or stolen:
   “(1) Inform the appropriate law enforcement agency in the case of theft or vandalism.
   “(2) Notify the appropriate register of deeds and the Secretary in writing and signed in the official name in which he or she was commissioned” (GS 10B-36[c]).

2. Electronic Seal: An Electronic Notary must do the following within 10 days of discovering that the Electronic Notary’s seal has been stolen, lost, damaged, compromised, or otherwise rendered incapable of affixing a legible image:

   1. Inform the appropriate law enforcement agency in the case of theft or vandalism.

   2. Notify the appropriate register of deeds and the Secretary in writing and signed in the official name in which he or she was commissioned (GS 10B-126[c]).

Disposition of Seal

“a. When a notary commission has expired, has been revoked, or the notary has resigned, the notary shall deliver the notary's seal to the Secretary within 45 days of the expiration, resignation, or revocation. Delivery shall be accomplished by hand delivery, courier service, certified mail, return receipt requested, or other means offered by the United States Postal Service allowing confirmation of delivery by signature. The Secretary shall destroy any seal received under this subsection.
“b. A notary whose commission has expired and whose previous commission or application was not revoked or denied by this State, is not required to deliver the seal to the Secretary as provided under subsection (a) of this section if the notary intends to apply to be recommissioned and is recommissioned within three months after the notary’s commission expires.
“c. If a notary dies while commissioned or before fulfilling the disposition of seal requirements in this section, the notary’s estate shall, as soon as is reasonably practicable and no later than the closing of the estate, notify the Secretary in writing of the notary’s death and deliver the notary’s seal to the Secretary for destruction” (GS 10B-55).

Misuse of Seal

“Any person who without authority obtains, uses, conceals, defaces, or destroys the seal or notarial records of a notary is guilty of a Class I felony” (GS 10B-60[f]).

Electronic Notary Signature

1. Definition: “Notary’s electronic signature. - Those forms of electronic signature which have been approved by the Secretary as authorized in G.S. 10B-125, as an acceptable means for an electronic notary to affix the notary’s official signature to an electronic record that is being notarized”(GS 10B-101[7]).

2. Standards: “The electronic notary public’s signature shall:
   “(1) be applied to and logically associated electronically with the notarized document; and
   “(2) link the data in such a manner that any subsequent alterations are observable through visual examination of:
   “(a) the underlying document; or
   “(b) the electronic notary certificate” (18 NCAC 07F .0704).

3. Appearance: “An electronic notary public shall:
   “(1) electronically sign the electronic notary certificate; and
   “ (2) verify that the image of the electronic notary’s handwritten electronic signature is an accurate representation of the notary’s handwritten signature.

4. Verification Upon First Use: “An electronic notary public shall review the electronic notary’s electronic signature for accuracy before the signature is used for the first time” (18 NCAC 07F .0707).

5. Verification Upon Each Use: “An electronic notary public shall ensure that the electronic notary’s electronic signature complies with Chapter 10B of the General Statutes and the rules in this Subchapter each time it is affixed” (18 NCAC 07F .0706).

6. Timing of Affixation: “An electronic notary public shall not affix the electronic notary’s electronic signature until:
   “(1) the principals have appeared before the electronic notary as required by Article 2 of Chapter 10B of the General Statutes;
   “(2) the principals have been identified;
   “(3) the oath or affirmation has been administered, if required;
   “(4) the principals have affixed their signatures to the electronic document or acknowledged them, if applicable; and
   “(5) the journal entry has been made in accordance with the rules in 18 NCAC 07I” (18 NCAC 07F .0708).

7. Verification After Use: “After the electronic notary public affixes the notary’s electronic signature, and before the electronic signature is committed by the notary, the electronic notary shall review the electronic signature to ensure that it:
   “(1) is present on the notary certificate;
   “(2) is legible; and
   “(3) does not obscure:
   “(a) the notary certificate;
   “(b) any content in the notary certificate; or
   “(c) any content in the document being notarized” (18 NCAC 07F .0709).

8. Independently Verifiable: “The electronic notary signature shall be independently verifiable and specific to each electronic notary public” (18 NCAC 07F .0701).

9. Security: An Electronic Notary must safeguard the Electronic Notary’s electronic signature (GS 10B-126[a]).
   An Electronic Notary must keep the Electronic Notary’s electronic signature under the exclusive control of the Electronic Notary and not allow it to be used by any other Notary or any other person (GS 10B-126[b]).
   “The electronic notary public shall retain exclusive control of the electronic notary signature such that the electronic signature can be attributed solely to the electronic notary” (18 NCAC 07F .0702).
   “Under the exclusive control of the notary” means accessible by and attributable solely to the notary public to the exclusion of all other persons through being:

   “(a) in the case of a physical seal:

   “(i) in the direct physical custody of the notary; or

   “(ii) physically secured; or

   “(b) in the case of an electronic seal or electronic signature, secured with one or more methods of authentication in an approved electronic notarization system” (18 NCAC 07K .0101[32]).

10. Protected Access: An Electronic Notary must limit access to the Electronic Notary’s electronic signature by complying with the provider’s requirements for the use of means of authentication approved by the Department (18 NCAC 07F .1002).

11. Current Device: “An electronic notary shall take reasonable steps to ensure that any registered device used to create the notary’s electronic signature is current and has not been revoked or terminated by its issuing or registering authority” (GS 10B-127[a]).

12. “Commitment”: For the requirements to finally “commit” the Electronic Notary’s electronic signature, see “Commitment” under “Electronic Notary Seal,” above.

13. Expired or Changed Platform: “If an electronic notary contracts with an approved provider of an electronic seal and electronic signature or licensed platform for a device used to create electronic signatures or for electronic notarization or remote electronic notarization services, and the contract either expires or is changed during the electronic notary’s term of office, the notary shall cease performing electronic and remote electronic notarizations until:
    “(1) A new contract is executed or a new device is duly issued or registered to the notary; and
    “(2) An electronically signed notice is sent to the Secretary that shall include the starting and expiration dates of any new registration or contract term and any other new information at variance with information in the most recently executed electronic registration form” (GS 10B-127[b]).

14. Stolen, Lost, Damaged, Compromised, Unusable Electronic Signature: For the steps an Electronic Notary must take to report a stolen, lost, damaged, compromised, or unusable Electronic Notary signature, see “Stolen, Lost, or Damaged Seal,” above (GS 10B-126[c]).

15. Disposition of Device to Create Electronic Signature: “(a) Upon compliance with G.S. 10B-127 and except as provided in subsection (b) of this section, when an electronic notary’s commission expires or is resigned or revoked, or when an electronic notary dies, the notary or the notary’s duly authorized representative shall (i) erase, delete, or destroy the coding, disk, certificate, card, software, file, or program that enables electronic affixation of the notary’s official electronic signature and (ii) notify the Secretary within 45 days” (GS 10B-128[a]).

16. Exception: “A former electronic notary whose previous commission or application was not revoked or denied by the Secretary need not erase, delete, or destroy the coding, disk, certificate, card, software, file, or program enabling electronic affixation of the official electronic signature if he or she is recommissioned and reregistered as an electronic notary using the same electronic signature and the same licensed platform, if any, within three months after commission expiration” (GS 10B-128[b]).

17. Rules for Employers: For rules employers must follow with respect to an employee’s Electronic Notary signature, see “Rules for Employers” under “Electronic Notary Seal,” above.

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Records Requirement

1. Journal

   1. Notarial Acts: Not required.

   2. In-Person Electronic Notarial Acts: Required. “The Secretary may require an electronic notary to create and to maintain a record, journal, or entry of each electronic notarial act” (GS 10B-126[e]).
      18 NCAC 07I .0101(a) contains the actual requirement for Electronic Notaries to keep an electronic journal for all in-person electronic notarial acts.

   3. Electronic Journal Remote Notarial Acts: Required (GS 10B-134.15[a]). Electronic journal is defined as “[a] secure record of remote electronic notarial acts that contains the information required under G.S. 10B-134.15” (GS 10B-134.1[4]).

2. Recording of Remote Notarial Acts: Required.

   1. Requirement: “Each remote electronic notarization shall include a communication technology recording. There shall be no requirement that the communication technology recording further include any transactions other than the remote electronic notarial act unless the Secretary specifies a requirement to also record interactions of those particular transactions” (GS 10B-134.13).

   2. Definition: “Communication technology recording. - The simultaneous, synchronous audio and visual recording of the notarial act” (GS 10B-134.1[2]).

Records Recommendation

Journal of Notarial Acts: “Each notary may maintain a journal of all notarial acts performed in the manner required for that type of notarial act and in accordance with rules adopted by the Secretary” (GS 10B-38).

Notary Public Guide

“G.S. 10B-2(1)(3) states that the Notary Act’s underlying purpose is “[t]o promote, serve and protect the public interest” and “[t]o prevent fraud and forgery.” Maintaining a notary journal is in keeping with the purpose of the notary law in that it:
“1. Causes would-be criminals to think twice before presenting a forged signature to a notary knowing that they will be asked to leave proof of their request in the form of their signature in a journal.
“2. Provides a level of protection for the notary in the event that a signer later tries to disown a signature by providing clear evidence in the form of the person’s signature that he or she did appear before a notary on a given date to request a notarization.
“3. Provides valuable evidence to law enforcement officials investigating allegations of notary misconduct and criminal activity related to many forms of document fraud.
“Given that the simple act of maintaining a notary journal is clearly in keeping with the stated purpose of the Notary Act, every notary should keep a chronological journal record of every notarial act to protect the notary, the public, and the integrity of the transaction” (NPG).

Journal Contents

1. Exclusive Use: “A notary public shall be the only person to make entries into the notary’s journal, unless otherwise permitted for traditional notaries by Chapter 10B of the General Statutes or Rule .0106 of this Section” (18 NCAC 07I .0105).
   “Exceptions to Rule .0105 of this Section shall be limited to:
   “(1) the signatures of the principals;
   “(2) the signatures of credible witnesses; and
   “(3) the signatures of the designees of the principals pursuant to G.S. 10B-20(e)” (18 NCAC 07I .0106).

2. Canceled Acts: “For each canceled act to be recorded in the journal, a notary public shall include:
   “(1) the date and time of the canceled act;
   “(2) the names of the principals; and
   “(3) the reason the act was canceled” (18 NCAC 07I .0301).

3. Journal Entries: “Notaries public shall enter the following information in the journal for each notarial act:
   “(1) the date and time at the notary’s location that the notarial act occurs;
   “(2) the name of each principal;
   “(3) the type and mode of notarial act performed;
   “(4) the title of the document notarized, if any;
   “(5) how the identity of each principal was determined;
   “(6) if satisfactory evidence of the principal’s identity was presented:
   “(a) the type of satisfactory evidence;
   “(b) the addresses of each principal as shown on any documents used as satisfactory evidence;
   “(c) where the satisfactory evidence was based on the sworn statement of a credible witness:
   “(i) the name of the credible witness;
   “(ii) the contact information of the credible witness;
   “(iii) the signature of the credible witness in a traditional notary’s journal; or
   “(iv) the signature of the credible witness has been added to the electronic journal by the notary;
   “(7) the signature of each principal in a tangible journal or the notary’s addition of each principal’s acknowledged signature to an electronic journal;
   “(8) information required by 18 NCAC 07K .0203 for any fees charged; and
   “(9) designation of each notarial act as employer- related or non-employer related if the journal includes both categories of notarial acts” (18 NCAC 07I .0302).

4. Fees: A notarial journal maintained pursuant to the rules in Subchapter I of this Chapter shall include, with regard to a specific notarial act for which fees were charged:
   “(1) how much the notary public charged for each notarial act performed; and
   “(2) if travel reimbursement was charged:
   “(a) the actual reimbursement charged; and
   “(b) the fee charged per mile” (18 NCAC 07K .0203).

5. Employer Additions: “A notary public may include additional information in the journal regarding an employer-related electronic notarial act if:
   “(1) the employer so requests;
   “(2) the request is made before the notary commits the journal entry; and
   “(3) in the judgment of the electronic notary, the information is directly related to the notarial act.
   Note: A loan origination number or a client number is an example of information directly related to the notarial act” (18 NCAC 07I .0304).

6. Public Additions: “If a notary public receives a request for inclusion of additional information in the journal, the notary shall note in the journal:
   “(1) who requested inclusion of the information; and
   “(2) if the notary refused to include requested information, the reason the notary refused to do so” (18 NCAC 07I .0306).

7. Non-Employment Information: “A notary public who performs both employer-related and unrelated notarial acts shall not provide the notary’s employer with:
   “(1) information regarding the notarial acts unrelated to the employer; or
   “(2) copies of, or access to, unrelated notarial act entries in the journal” (18 NCAC 07I .0307).

8. Supplemental Information

   1. Authorization: “A notary public may add supplemental information to a journal if:
      “(1) the notary does not in any way change the original committed journal entry; and
      “(2) specifies the journal entry to which the supplemental information relates” (18 NCAC 07I .0308).

   2. Definition: “'Supplemental information' means information that a notary public enters into a journal:
      “(a) as a separate entry that is not for a notarial act;
      “(b) that relates to a prior notarial act recorded in the journal; and
      “(c) that may be appended to the prior notarial act entry in the electronic journal.
      Note: An entry six months after the initial committed entry stating that the notary public received a subpoena for that initial committed journal entry is an example of supplemental information” (18 NCAC 07I .0102[4]).

9. Remote Notarial Acts: “The Secretary shall adopt rules specifying the content and secure storage of the electronic journal” (GS 10B-134.15[b]).

Various Journal Rules

1. Form of Electronic Journal: “Electronic notarizations and remote electronic notarizations shall be documented in an electronic journal that is maintained as an electronic document” (18 NCAC 07I .0202).

2. Combined Journal: “A notary public may maintain an electronic journal that includes entries for any of these acts that the notary is qualified to perform:
   “(1) traditional notarial acts;
   “(2) electronic notarial acts; and
   “(3) remote electronic notarial acts” (18 NCAC 07I .0203).

3. Tangible Journal Entries: “Entries in a tangible journal shall be:
   “(1) entered in permanent ink; and
   “(2) in chronological order” (18 NCAC 07I .0204).

4. Tangible Journal Requirements: “A tangible journal shall:
   “(1) be made in a bound journal into which pages cannot be inserted; and
   “(2) have on the first page:
   “(a) the name of the notary public as commissioned;
   “(b) the commission date of the notary; and
   “(c) the county of the commission; and
   “(3) have sequentially numbered pages” (18 NCAC 07I .0205).

5. All Completed, Canceled Notarial Acts

   1. Requirement: “The journal shall contain entries by the notary public that document all notarial acts completed by the notary or canceled” (18 NCAC 07I .0207).

   2. Definition: “'Canceled act' means an instance where a notary public or a principal begins the notarial transaction process and halts it for any reason. Note: An example of a canceled act would be one where the notary is not able to establish the identity of the signer as required by G.S. 10B- 20” (NCAC 07I .0102[1]).

6. Designation of Act: “Except as set out in Rule .0209 of this Section, a notary public who maintains a journal shall state in the journal whether each notarial act entered into the journal is:
   “(1) traditional;
   “(2) electronic; or
   “(3) remote electronic” (18 NCAC 07I .0208).

7. Type of Notarial Act: “A notary public shall designate in the journal whether the type of a notarial act is:
   “(1) an acknowledgement;
   “(2) the taking of a verification or proof;
   “(3) an administration of an oath or affirmation;
   “(4) a notarization of an absentee voter application; or
   “(5) an inventorying of a safe deposit box pursuant to G.S. 53C-6-18(a)” (18 NCAC 07I .0210).

8. “Single Mode” of Notarial Act

   1. Authorization: “A notary public who enters only a single mode of notarial act in a journal may:
      “(1) make a single notation of the mode of notarial acts at the beginning of the journal; and
      “(2) omit the notations required by Rule .0208 of this Section.
      “Note: An example would be a journal first-page statement that the journal documents only traditional notarial acts” (18 NCAC 07I .0209).

   2. Definition: “'Mode of notarial act' means a traditional notarization, an electronic notarization, or a remote electronic notarization” (18 NCAC 07I .0102[3]).

9. Employment and Non-Employment Acts: “If a notary public performs both employer-related and non- employer related notarial acts, the notary may maintain:
   “(1) a separate journal for each of the employer-related and non-employer related notarial acts; or
   “(2) a single journal reflecting all notarial acts” (18 NCAC 07I .0211).

10. Journal Requests from Department: When a person responds to a request from the Department for all or part of a notary public’s journal, the person shall submit the journal together with a transmittal document containing:
    “(1) the name on the notary’s commission;
    “(2) the most recent commission date of the notary; and
    “(3) the dates of the first and last entries in the journal” (18 NCAC 07I .0206).

Electronic Journal Rules

1. Paper Printouts: “A notary public shall only use an electronic journal that permits printing the contents” (18 NCAC 07I .0403).

2. Signatures in Journal: A notary public who maintains an electronic journal shall ensure that:
   “(1) the principals acknowledge that their electronic signatures have been included in the journal as signed on the documents in the transaction;
   “(2) the designee signs the principal’s name pursuant to G.S. 10B-20(e) as signed on the documents in the transaction and the notary then includes the signature in the journal; or
   “(3) the credible witness signs his or her name and the notary then includes the signature in the journal” (18 NCAC 07I .0404).

3. Technology Failures

   1. Requirement: “A notary public who maintains an electronic journal shall note in the journal complete or partial technological failures that lead the notary to terminate the transaction pursuant to 18 NCAC 07F .1107” (18 NCAC 07I .0405).

   2. Definition: “Technological failure” means a deficiency in:
      “(a) any component of the electronic notarization system;
      “(b) any component of the computer systems of the notary or principals; or
      “(c) the connections linking the components described in Sub-Items (a) and (b) of this Item” (18 NCAC 07K .0101[27]).

4. “Committing” Electronic Journal Entry

   1. Requirements: “Before committing an electronic journal entry, a notary public shall:
      (1) review the information entered for accuracy; and
      (2) correct any errors in the entry” (18 NCAC 07I .0407).

   2. Definition: “'Commit' means the final step in the notarial act after which:
      “(a) the notarial act is complete;
      “(b) all entries are permanent; and
      “(c) no changes can be made to the entries made permanent pursuant to Sub-Item (b) of this Item” (18 NCAC 07K .0101[6]).

Private Property

“The information in the notary journal is the private property of the notary public” (18 NCAC 07I .0104).

Misuse of Journal

“Any person who without authority obtains, uses, conceals, defaces, or destroys the seal or notarial records of a notary is guilty of a Class I felony” (GS 10B-60[f]).

Storage of Records

1. Depositories and Custodians

   1. Requirement: “All records of journal entries and communication technology recordings shall be securely stored in a depository under the control of the electronic notary or with a custodian duly appointed under the terms of this Part. If a custodian is appointed, the custodian shall be a third-party vendor approved by the Secretary” (GS 10B-134.17[a][1]).

   2. Definitions

      1. “Custodial services. - Services approved by the Secretary and selected by the notary to provide long-term storage of the electronic journal and communications technology recordings” (GS 10B-134.1[3a]).

      2. “Custodian. - The person providing the custodial services. The custodian may but need not be the same as the depository” (GS 10B-134.1[3b]).

      3. “Depository. - The person or platform providing the depository services” (GS 10B-134.1[3c]).

      4. “Depository services. - Storage services provided by the platform of the electronic journal entries and communications technology recordings as they are entered” (GS 10B-134.1[3c]).

2. Protected Access: An Electronic Notary must take “reasonable steps to ensure that the communication technology recordings are secure from unauthorized interception during transmission between participants involved in a electronic notarial act. The communication technology used by the electronic notary shall employ data protection safeguards consistent with generally accepted information security standards” (GS 10B-134.17[b][2]).
   An Electronic Notary must limit access to the Electronic Notary’s electronic journal by complying with the provider’s requirements for the use of means of authentication approved by the Department (18 NCAC 07F .1002).

Backup Journal

1. Traditional Notary Public: “[A] traditional notary public who maintains a journal shall retain a copy of a journal or any portion of a journal delivered to a third party” (18 NCAC 07I .0103[2]).

2. Electronic Notary Public: “An electronic notary public shall maintain a copy of the electronic notary’s electronic journal for 10 years after the last notarial act” (18 NCAC 07F .1003; see also 18 NCAC 07I .0103[2]).

3. Exact Backup: “A notary public shall maintain an exact backup copy of the notary’s electronic journal” (18 NCAC 07I .0401).

4. Formal of Backup: A notary public may maintain the backup copy of the electronic journal:

   “(1) on paper; or

   “(2) as an electronic document on a separate physical device” (18 NCAC 07I .0402).

Lost and Compromised Records

Within 10 calendar days of discovering any permanent loss of data, unauthorized use, loss of use, or compromise of security of the electronic journal or the communication technology recordings of remote electronic notarial acts, the remote electronic notary shall do both of the following:
“(1) Inform the appropriate law enforcement agency in the case of theft, tampering, or vandalism.
“ (2) Notify the register of deeds in the county of the electronic notary’s commissioning under G.S. 10B-10 and the Secretary in writing and signed in the official name in which the electronic notary was commissioned. The notice shall indicate whether there was any permanent loss of data, unauthorized use, loss of use, or compromise of security of the electronic journal or the communication technology recordings of remote electronic notarial acts” (GS 10B-134.17[b]).

Disposition of Records

1. Journal of Notarial Acts: “The Department recommends that notaries maintain their notary journals for a minimum of 10 years after the expiration of their final commission. However, notaries may determine to keep possession of their notary journals for a much longer period of time based on the business practices of their specific industry” (NPG).

2. Records of In-Person Electronic Notarial Acts: “Upon resignation, revocation, or expiration of an electronic notary commission, or death of the notary, all notarial records required by statute or rule shall be delivered to an approved custodian selected by the notary” (GS 10B-126[g]).

3. Journal, Recordings of Remote Notarial Acts

   1. Surrender to Employer: “An electronic notary may surrender the electronic journal to the electronic notary’s employer upon termination of employment if the electronic journal consists of remote electronic notarizations made in the conduct of the employer’s business, but the electronic notary shall also keep and maintain an accurate backup copy of the journal for 10 years after the last remote electronic notarization entered into the electronic journal” (GS 10B-134.15[c]).

   2. No Other Surrender: “Except as provided in subsection (c) of this section, the notary shall not surrender or destroy the electronic journal or the communication technology recordings of remote electronic notarial acts except as required by a court order or as allowed under rules adopted by the Secretary” (GS 10B-134.15[d]).

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Maximum Fees

1. Notarial Acts: North Carolina Notaries are allowed no more than the following fees for notarial acts (GS 10B-31):

   1. For acknowledgments, jurats, verifications or proofs: $10 per principal’s notarized signature;

   2. For oaths or affirmations without a signature (except when given to a credible witness vouching for the identity of a principal or a subscribing witness): $10 per person.

2. In-Person Electronic Notarial Acts: North Carolina Electronic Notaries are allowed no more than the following fees for electronic notarial acts:

   1. For an electronic acknowledgment or jurat: $15.00) per electronically notarized principal signature.

   2. For an electronic oath or affirmation without a signature: $15.00 per person, except for an oath or affirmation administered to a credible witness to vouch for the identity of a principal or subscribing witness.

3. Remote Notarial Acts: The maximum fee that an Electronic Notary may charge to perform a remote electronic notarization is $25 per notarized principal signature.

Fees Not Mandatory

“Nothing in this Chapter shall compel a notary to charge a fee” (GS 10B-30[c]).

Discrimination Prohibited

“A notary shall not discriminatorily condition the fee for a notarial act on any attribute of the principal that would constitute unlawful discrimination” (GS 10B-30[b]).

Estimate of Charges

“In addition to the publication or provision of a notary public’s schedule of fees pursuant to G.S. 10B-32, if a principal requests a fee estimate from a notary, the notary shall provide an estimate that includes:
“(1) the estimated total fee; and
“(2) the basis for the estimated charges” (18 NCAC 07K .0202).

Travel Fees

1. Authorization: A Notary Public may charge may charge actual mileage at the federal business mileage rate for any notarial act under Chapter 10B if the travel reimbursement is agreed to by the principal in writing prior to the travel (GS 10B-31)5).
   “A notary public who charges travel fees shall refer to the IRS website for the current federal business mileage rate prior to charging the travel fee” (18 NCAC 07K .0201).

2. Consent to Travel

   1. Contents: “A notary public who charges travel fees shall obtain advance written consent of the principal that includes the following information:
      “(1) date of the consent;
      “(2) name of the principal;
      “(3) name of the notary;
      “(4) estimated mileage that the notary will charge;
      “(5) fee per mile that the notary will charge; and
      “(6) planned date of the notary’s travel” (18 NCAC 07K .0205).

   2. Electronic Consent: “A notary public who charges travel fees pursuant to G.S. 10B-31(5) may obtain the advance consent of the principal in writing and delivered in any manner agreed upon by the notary and the principal” (18 NCAC 07K .0204).

   3. Notarial Record: “A notary public who charges travel fees shall preserve the advance written consent as a notarial record:
      “(1) in the notary’s journal; or
      “(2) if written consent is not included in a journal, then a record of the written consent including the contents required by Rule .0205 of this Section shall be maintained by the notary” (18 NCAC 07K .0204).

Absentee Ballots

“A notary may not charge any fee for witnessing and affixing a notarial seal to an absentee ballot application or certificate under GS 163-231” (GS 10B-30[d]).

Ex Officio Notaries

When acting as ex officio Notaries, county registers of deeds and clerks of the superior court, their duly trained assistants and deputies, and the director of the state’s Notary Section may charge for performing notarial acts but must give the fees to their employing agency (GS 10B-21[d]).

Posting Fees

“Notaries who charge for their notarial services shall conspicuously display in their places of business, or present to each principal outside their places of business, an English-language schedule of fees for notarial acts. No part of any notarial fee schedule shall be printed in smaller than 10-point type” (GS 10B-32).

A non-attorney Notary who advertises notarial services in a language other than English must prominently post in his or her place of business a fee schedule in English and in the foreign language, including the notice required by GS 10B-20(i) unless this notice is already prominently posted (GS 10B-20[l]).

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Notary Signing Agents

State Bar Opinion: The North Carolina State Bar has issued a legal opinion (Authorized Practice Advisory Opinion 2002-1 [revised January 26, 2012] On the Role of Laypersons in the Consummation of Residential Real Estate Transactions) on the involvement of attorneys and nonattorneys in real estate closings.

The Opinion states that in North Carolina an attorney must be involved in the closing of all real estate transactions. Nevertheless, the Opinion recognizes the legitimate operation of non-lawyers in the closing of real property transactions. Specifically, laypersons may (1) present and identify the documents necessary to complete a North Carolina residential real estate closing, direct the parties where to sign the documents, and ensure that the parties have properly executed the documents; and (2) receive and disburse the closing funds. Laypersons, however, may not engage in activities in connection with the closing of a real property transaction that constitute the unauthorized practice of law.

“The opinion also made clear that these are ministerial functions and that non-lawyers may not perform any activities that would constitute the practice of law, which would include giving advice, preparing documents, or solving disputes, among many other things” (NPG).

Recording Requirements

1. Document Formatting: “All instruments, except instruments conforming to the provisions of G.S. 25-9-521, presented for registration on paper shall meet all of the following requirements:
   “(1) Be eight and one-half inches by eleven inches or eight and one-half inches by fourteen inches.
   “(2) Have a blank margin of three inches at the top of the first page and blank margins of at least one-quarter inches on the remaining sides of the first page and on all sides of subsequent pages.
   “(3) Be typed or printed in black on white paper in a legible font. A font size no smaller than 9 points shall be considered legible. Blanks in an instrument may be completed in pen and corrections to an instrument may be made in pen.
   “(4) Have text typed or printed on one side of a page only.
   “(5) State the type of instrument at the top of the first page.
   “If an instrument does not meet these requirements, the register of deeds shall register the instrument after collecting the fee for nonstandard documents as required by G.S. 161-10(a)(18a) in addition to all other applicable recording fees. However, if an instrument fails to meet the requirements because it contains print in a font size smaller than 9 points, the register of deeds may register the instrument without collecting the fee for nonstandard documents if, in the discretion of the register of deeds, the instrument is legible” (GS 161-14[b]).

2. Acknowledgment or Proof: “The register of deeds shall not accept for registration any instrument that requires proof or acknowledgement unless the execution of the instrument by one or more signers appears to have been proved or acknowledged before an officer with the apparent authority to take proofs or acknowledgements, and the proof or acknowledgement includes the officer's signature, commission expiration date, and official seal, if required. The register of deeds shall accept an instrument for registration that does not require proof or acknowledgement if the instrument otherwise satisfies the requirements of G.S. 161-14” (GS 47-14[a]).

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Acknowledgments and Proofs in North Carolina

“The execution of all deeds of conveyance, contracts to buy, sell or convey lands, mortgages, deeds of trust, instruments modifying or extending the terms of mortgages or deeds of trust, assignments, powers of attorney, covenants to stand seized to the use of another, leases for more than three years, releases, affidavits concerning land titles or family history, any instruments pertaining to real property, and any and all instruments and writings of whatever nature and kind which are required or allowed by law to be registered in the office of the register of deeds or which may hereafter be required or allowed by law to be so registered, may be proved or acknowledged before any one of the following officials of this State: The justices, judges, magistrates, clerks, assistant clerks, and deputy clerks of the General Court of Justice, and notaries public” (GS 47-1).

1. Superior Court Clerks: “The clerks of the superior court may act as notaries public in their several counties by virtue of their offices as clerks and may certify their notarial acts only under the seals of their respective counties. Assistant and deputy clerks of superior court, by virtue of their offices, may perform the following notarial acts and may certify these notarial acts only under the seals of their respective courts:
   “(1) Oaths and affirmations.
   “(2) Verifications or proofs. Upon completion of the course of study provided for in G.S. 10B-5(b), assistant and deputy clerks of superior court may, by virtue of their offices, perform all other notarial acts and may certify these notarial acts only under the seals of their respective courts. A course of study attended only by assistant and deputy clerks of superior court may be taught at any mutually convenient location agreed to by the Secretary and the Administrative Office of the Courts” (GS 10B-21[a]).

2. Registers of Deeds: “Registers of deeds may act as notaries public in their several counties by virtue of their offices as registers of deeds and may certify their notarial acts only under the seals of their respective offices. Assistant and deputy registers of deeds, by virtue of their offices, may perform the following notarial acts and may certify these notarial acts only under the seals of their respective offices:
   “(1) Oaths and affirmations.
   “(2) Verifications or proofs. Upon completion of the course of study provided for in G.S. 10B-5(b), assistant and deputy registers of deeds may, by virtue of their offices, perform all other notarial acts and may certify these notarial acts only under the seals of their respective offices. A course of study attended only by assistant and deputy registers of deeds may be taught at any mutually convenient location agreed to by the Secretary and the North Carolina Association of Registers of Deeds” (GS 10B-21[b]).

3. Director: “The [Division] Director [for the Notary Carolina Department of the Secretary of State Notary Public Section] may act as a notary public by virtue of the Director’s employment in the Department of the Secretary and may certify a notarial act performed in that capacity under the seal of the Secretary” (GS 10B-22[c]).

Acknowledgments and Proofs Outside North Carolina

“The execution of all such instruments and writings as are permitted or required by law to be registered may be proved or acknowledged before any one of the following officials of the United States, of the District of Columbia, of the several states and territories of the United States, of countries under the dominion of the United States and of foreign countries: Any judge of a court of record, any clerk of a court of record, any notary public, any commissioner of deeds, any commissioner of oaths, any mayor or chief magistrate of an incorporated town or city, any ambassador, minister, consul, vice-consul, consul general, vice-consul general, associate consul, or any other person authorized by federal law to acknowledge documents as consular officers, or commercial agent of the United States, any justice of the peace of any state or territory of the United States, any officer of the United States Army or Air Force or United States Marine Corps having the rank of warrant officer or higher, any officer of the United States Navy or Coast Guard having the rank of warrant officer, or higher, or any officer of the United States Merchant Marine having the rank of warrant officer, or higher” (GS 47-2).

Notaries Public of U.S. States: “(a) If the proof or acknowledgment of any instrument is had before a notary public of any state other than North Carolina and the instrument does not (i) show the seal or stamp of the notary public, (ii) provide evidence pursuant to subsection (b) of this section that a seal or stamp is not required and the expiration date of the commission of the notary public, or (iii) state, as part of the proof or acknowledgement or as part of the notary's seal, that the notary's commission does not expire or is a lifetime appointment, then the certificate of proof or acknowledgment made by the notary public shall be accompanied by the certificate of the county official before whom the notary qualifies for office or of a state officer authorized to issue certificates regarding notary commission status, stating that the notary public was at the time the certificate bears date an acting notary public of that state, and that the notary's genuine signature is set to the certificate. The certificate of the official shall be under the official's hand and official seal.
“(b) A proof or acknowledgement that does not require a seal or stamp of the notary to be effective in the jurisdiction issuing the notary's commission shall include either (i) a statement by the notary within the proof or acknowledgement area of the instrument that the notary is not required to utilize a seal or stamp or (ii) a reference that purports to be the statute of the commissioning state which provides that no seal or stamp is required together with a statement that the notary is not required to utilize a seal or stamp. The register of deeds may rely upon this statement and is not responsible for confirming its validity or the authority of the person making it. A register of deeds shall not refuse to accept a record for registration because a notarial seal or stamp is omitted from the proof or acknowledgement if this subsection has been complied with in the proof or acknowledgement. The acceptance of a record for registration under this subsection gives rise to a presumption that the seal or stamp was not required to be affixed by the notary. This presumption is rebuttable and applies to all instruments whenever recorded. However, a court order finding the lack of a valid seal does not affect the rights of a person that (i) records an interest in the real property described in the instrument before the finding of a lack of a valid seal and (ii) would otherwise have an enforceable interest in the real property” (GS 47-2.2).

“Any notarial certificate made in another jurisdiction shall be sufficient in this State if it is made in accordance with federal law or the laws of the jurisdiction where the notarial certificate is made” (GS 10B-40[e]).

“Any electronic document filed in the Mecklenburg County Register of Deeds office that purports to be notarized in the Commonwealth of Virginia and that contains the typed name of a Virginia notary together with the notary’s expiration date (sic) shall be given the same legal effect as if the person performed a lawful notarization in Virginia” (GS 10B-70[b]).

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Registers of Deeds

The register of deeds in the county in which a Notary qualified may issue certificates authenticating the signature of that Notary (GS 10B-20[h]).

Secretary of State

Authenticating certificates for North Carolina Notaries, including apostilles, are also issued by the office of the Secretary of State (GS 66-270).

1. Fees: $10 per document. For adoptions only, there is an additional processing fee of $5 per any duplicate original. Checks or money orders are payable to “N.C. Secretary of State.”

2. Mailing Address:
   Department of Secretary of State
   Authentications Office
   P.O. Box 29622
   Raleigh, NC 27626-0622

3. Phone: 919-807-2140

4. Email: authen@sosnc.com

5. In Person or Delivery Service:
   Department of Secretary of State
   Authentications Office
   2 South Salisbury Street
   Raleigh, NC 27601

6. Procedure: “Submit documents to the NC Authentication Office with a cover letter, money order or check, the original document(s) with all certifications attached and a return paid computer generated carrier airbill. Should you want the documents to be directed to a third party, please include that information and the paid carrier airbill addressed to the third party. Any documents received without a paid return envelope and/or a third party address will be delivered by regular mail to the person submitting the documents” (Secretary of State website, “Authentications Quick Reference Guide”).
   Cover letters for submitting notarized documents to the Authentication Office are downloadable in several languages on the Secretary of State’s website. If the notarized document is in a language other than English, a certified or notarized translation of the document into English will be needed. All documents submitted for authentication must be notarized by a North Carolina Notary Public unless they were issued by one of the following officials: a register of deeds; a clerk of the Superior Court; the North Carolina Departments of Agriculture, Health and Human Services, or Motor Vehicles; or the North Carolina Vital Records, Attorney General, or Legislative Services office. All state agency documents must have been certified since April 1, 2000. Educational documents (transcripts, report cards, diplomas, etc.) issued by a North Carolina university, college, community college or high school must be notarized by a North Carolina Notary; a school seal applied to the document by the school registrar is not acceptable. Requesting an apostille using a “copy” of a document will require a notarized affidavit stating that the document is a “true copy” of the original — see “Sample True Copy Affidavit” above under “Certificate of Notarial Act.”
   Complete requests with less than 31 documents dropped off with the office before 10:00 a.m. will be available same day after 4:00 p.m. or the next business day if dropped off after 10:00 a.m. Complete requests for more than 31 documents dropped off before or after 10:00 a.m. will be available for pick up the next business day after 4:00 p.m. (website, “Turn Around Times”).

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