North Carolina - U.S. Notary Reference

Last Update: August 14, 2025

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

   1. North Carolina General Statutes: 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. Citations: Citations to the General Statutes in this chapter follow this convention: GS, Chapter followed by a hyphen, section, and any subsection or subdivision in parentheses. Example: GS 10B-7(a)(12).

2. Rules

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

   2. Citations: Citations to the Code in this chapter follow this convention: Title, NCAC, Chapter, rule prefaced by a period, and any subsection, paragraph, subparagraph, subdivision, or sub-subdivision within the rule separated by parentheses. Example: 18 NCAC 07B .0101(20)(c)(iii).

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.)

2. Application Denial

   1. Grounds: 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. Specific Crimes: 18 NCAC 07B .0501 lists 31 separate crimes constituting a “crime involving dishonesty or moral turpitude.”

3. Course: Each first-time applicant must complete a six-hour course of instruction on Notary duties (GS 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 (18 NCAC 07F .0302).

4. Exam

   1. Passing Score: All applicants, both first-time and renewing, must pass a written examination with a score of 80% or better (GS 10B-8[b]; 18 NCAC 07F .0305).

   2. Attorneys Exempt: Attorneys licensed to practice in North Carolina are exempt from both the education and exam requirements (GS 10B-8[a]).

   3. Certain Notaries Exempted: 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]).

5. Application

   1. Form: The application is available from the Department of the Secretary of State or from the register of deeds in each county.

   2. Notarization: The applicant’s signature on the completed application must be notarized.

   3. Application Fee: $50.

   4. Non-Citizens: Applicants who are non-citizens provide proof of legal residency in the U.S. (GS 10B-7[8]).

   5. First-Time Applicants: First-time applicants must have their course instructor sign and date the application to indicate successful completion of the course.

   6. Filing Timeframe: Any non-attorney applicant must apply for a commission within three months of successfully completing the mandatory course and exam (GS 10B-8[a]).

   7. Confidentiality: 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]).

   8. Electronic Filings: “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 applicant’s signature that may include electronic submission” (GS 10B-5[b][8]). To date, an electronic filing process has not been established by the Secretary.

6. 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 for Reappointment as a North Carolina Notary Public”).

7. Oath of Office

   1. Requirement: 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 certificate and take the required oaths of office (GS 10B-10[a]).

   2. Fee: $10 fee.

   3. Filing Timeframe: The oath must be taken 45 days (GS 10B-10[b]).

   4. Validity of Notarial Acts Despite Missing Oath: “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).

8. 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.

9. Reappointment

   1. Fee: For Notaries seeking reappointment, online reappointment is offered for a total fee of $50, plus a nonrefundable $3 electronic transaction fee (if paid online).

   2. Exam

      1. Requirement: Applicants for reappointment are required to take and pass the exam again (80% or higher score) — but not the course — and may do so online at the Department’s website (18 NCAC 07C .0602).

      2. Course in Lieu of Recommissioning Exam: If a renewing Notary chooses, the Notary may retake the course required of new applicants (and take the exam at the end of that course) instead of taking the Notary recommissioning examination (18 NCAC 07C .0603).

   3. Post-Exam Requirements: After passing the exam, an applicant must print out the application, stamp it with the Notary seal, and have his or her signature notarized (“Application for Reappointment as a North Carolina Notary Public”).

   4. Filing Timeframe: Applications should not be submitted earlier than 10 weeks before commission expiration (GS 10B-11[a]).

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 (GS 10B-106[b]).

3. Basic Steps: There are 10 basic steps to the registration process (eNotary website, “Frequently Asked Questions”; GS 10B-105 through 108; 18 NCAC 07F .0200, .0300, .0400, .0500, and .0600).

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

   2. Electronic Notarization Manual: Purchase of the state’s “Electronic Notarization Manual” is required (18 NCAC 07F .0202).

   3. Electronic Notary Course

      1. Registration: Register to take the four-hour electronic notarization course at a local community college (18 NCAC 07F .0303).

      2. Complete Course and Exam: 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).

   4. Registration Form: Complete the registration form online at Log In to Register as an Electronic Notary.

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

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

   7. Filing Timeframe: 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).

   8. Oath Letter: Obtain the Electronic Notary Oath Notification Letter from the Department.

   9. Oath of Office: 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.

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

   11. Technology Tools

       1. Notification: An Electronic Notary must notify the Department using a prescribed form to provide notice to the Department of all technology providers the Electronic Notary proposes to use (GS 10B-106[c]; 18 NCAC 07F .0601).

       2. Purchasing: 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.

4. Registration Term: The Electronic Notary’s registration will expire on the same date as the Notary Public commission (GS 10B-106[c1]).

5. 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]).

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

7. Renewal

   1. Application Laws Apply: “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 .0901).

   2. 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]).

   3. 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).

   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).

8. 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

1. Find a Notary Near You: “Find A Notary Near You” 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.

2. Confirm a Notary: “Confirm Notary Status” is another searchable database where one can look up a particular Notary by providing the Notary’s name appearing on their official seal and the Notary’s commissioning county or commission number.

Jurisdiction

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

Term Length

1. Five Years: 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).

2. Curative Provision

   1. Acknowledgments: “Any acknowledgment taken and any instrument notarized by a person prior to qualification as a notary public but after commissioning or recommissioning as a notary public, or by a person whose notary commission has expired, is 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” (GS 10B-65[a]).
      In addition, GS 10B-65(d) validates any acknowledgments performed before July 1, 2013 bearing a Notary seal.

   2. Errors: GS 10B-65(b) validates notarial acts containing five specific errors.

   3. Time Period: The validation provisions in GS 10B-65 apply to notarial acts performed on or before April 1, 20 21 (GS 10B-65[e]).

Bond

Not required.

Changes of Status

1. Duty to Report

   1. Personal and Professional Information: A Notary must notify the Department of many items of personal, business, or professional information, including name (see below), mailing or street address (see below), county of commission, residential or mobile phone number, personal or business email address, status as a resident of the U.S., ability to speak, read and write English, name of employer, employer business name, employer street or mailing address, and employer phone number (18 NCAC 07D .0301).

   2. Pending Criminal Charge: An applicant for a commission or Notary must notify the Department of a previously unreported pending criminal charge against the applicant or Notary (18 NCAC 07D .0302).

   3. Disposition of Criminal Charge: An applicant for a commission or Notary must notify the Department of the date of the final disposition of a criminal charge against the applicant or Notary (18 NCAC 07D .0303).

   4. Findings or Admissions of Deceit: An applicant for a commission or Notary must notify the Department of a finding or admission of fault or liability in a civil lawsuit based on the applicant’s or Notary’s deceit (18 NCAC 07D .0304).

   5. Changes to Licenses, Commissions, or Offices: An applicant for a commission or Notary must notify the Department of an issuance, a denial, a revocation, a suspension, a restriction, or a resignation of the applicant’s or Notary’s professional license, Notary commission, or public office (18 NCAC 07D .0305).

   6. Official Misconduct: An applicant for a commission or Notary must notify the Department of a finding that the applicant or Notary has engaged in official misconduct (18 NCAC 07D .0306).

   7. False or Misleading Advertising: An applicant for a commission or Notary must notify the Department of “a finding or a charge that the applicant or notary has knowingly used false or misleading advertising that represents that the applicant or notary has powers, duties, rights, or privileges the applicant or notary does not possess by law” (18 NCAC 07D .0307).

   8. Unauthorized Practice of Law: An applicant for a commission or Notary must notify the Department of “a finding by a court or the attorney-licensing agency of any state, federally recognized tribe, or nation, that the applicant or notary has engaged in the unauthorized practice of law” (18 NCAC 07D .0307).

   9. Technology Dysfunctions: An Electronic Notary must notify the Department of any persistent or disruptive Electronic Notary solution dysfunction, or possible problems with security, privacy, or accuracy of credential verification and identity proofing (18 NCAC 07D .0309).

   10. Lost, Stolen, Vandalized, Compromised: Within 10 days of discovery, a Notary must report (18 NCAC 07D .0310):

       1. A lost, stolen or vandalized Notary seal or journal;

       2. Unauthorized use, loss of use, compromise of security of an Electronic Notary seal or signature, or when the seal has been rendered incapable of affixing a legible image;

       3. Permanent loss of data, use, or access, compromise of security, unauthorized use, or theft of notarial records, including an electronic journal, technology recording, or a session record.

2. Notification Timeframe: An applicant for a Notary commission or Notary must notify the Department within 45 calendar days of any of the changes listed above except for the matters covered under paragraphs i (no timeframe specified) and j (within 10 days).

3. 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).

4. Name and County Change: 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).

5. 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 obtain a new seal. However, if recommissioned in the new county, then the Notary must purchase a new seal bearing the new county’s name and must register in the new county (GS 10B-52).

6. 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…” (GS 10B-54[b]). 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-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

   1. Personal Appearance: The definition cited above indicates the person making the acknowledgment appeared before the Notary (GS 10B-3[1][a]).

   2. Identity of Principal: The definition cited above indicates the person making the acknowledgment was identified to the Notary (GS 10B-3[1][b]).

   3. Acknowledgment of Principal: The definition cited above indicates the person making the acknowledgment acknowledged signing the document, or if the document had not been signed, signed it in the physical presence of the Notary (GS 10B-3[1][c]).
      “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. Oath: 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. Affirmation: 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

   1. Personal Appearance: The definitions of cited above indicate the individual making the oath or affirmation appeared personally before the Notary (GS 10B-3[14][a]; (GS 10B-3[3][a]).

   2. Identity of Principal: The definitions of cited above indicate the individual making the oath or affirmation was identified to the Notary (GS 10B-3[14][b]; (GS 10B-3[3][b]).

   3. Oath/Affirmation: The definitions of cited above indicate the individual made the oath or affirmation to the Notary (GS 10B-3[14][c]; (GS 10B-3[3][c]).

   4. Ceremony

      1. Oath: “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 GS 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).

      2. Affirmation: “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. Verification or Proof: 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. Subscribing Witness: 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]).
      “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).

2. Requirements

   1. Personal Appearance: The definition cited above indicates that the subscribing witness appeared personally before the Notary (GS 10B-3[28][a]).

   2. Identity of Subscribing Witness: The definition cited above indicates that the subscribing witness was identified to the Notary (GS 10B-3[28][b]).

   3. Impartiality of Subscribing Witness: The definition cited above indicates that the subscribing witness was not a party to or beneficiary of the transaction (GS 10B-3[28][c]).
      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).

   4. Oath/Affirmation: The definition cited above indicates that the subscribing witness made an oath or affirmation to the Notary to one of the three statements in the definition, as specified (GS 10B-3[28][d]; 47-12).

3. Proof by Non-Subscribing Witness: “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: “When an electronic notary public performs a remote electronic notarization, the remotely located principal shall appear before the electronic notary at the time of notarization using communication technology” (18 NCAC 07F .1102).

Identification

1. 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]).

   3. Personal Knowledge: “Familiarity with an individual resulting from interactions with that individual over a period of time sufficient to eliminate every reasonable doubt that the individual has the identity claimed” (GS 10B-3[17]).

   4. Satisfactory Evidence: “Identification of an individual based on either of the following:
      “a. At least one current document issued by a federal, state, or federal or state-recognized tribal government agency bearing the photographic image of the individual’s face and either the signature or a physical description of the individual.
      “b. The oath or affirmation of one credible witness who personally knows the individual seeking to be identified” (GS 10B-3[22]).

2. Notarial Acts

   1. Requirement: The definitions of “acknowledgment,” “oath,” “affirmation,” and “verification or proof” (see “Notarial Acts,” above) require the person appearing before a Notary Public to be identified to the Notary.

   2. Identification Methods

      1. Personal Knowledge

      2. Satisfactory Evidence

         1. Identification Documents: “The notary must be aware of additional information regarding the use of a tribal identification (ID) card. A state statute, GS 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).

         2. 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]).

   3. Supplementary Identity Proofing or Credential Analysis: “A notary public shall use approved identity proofing or credential analysis solutions when performing an in-person notarial act if the notary:
      “(1) verifies the identity of the principal using personal knowledge or satisfactory evidence, as defined in G.S. 10B-3(22);
      “(2) uses the identity proofing or credential analysis only as a supplement to, and not a replacement for, the identification process described in Item (1) of this Rule; and
      “(3) complies with G.S. 10B-134.11(a)(2)” (18 NCAC 07D .0404).

   4. 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]).

3. Remote Notarial Acts

   1. Requirement: Prior to the remote electronic notarial act, an Electronic Notary must verify each remotely located principal’s identity through one of the following methods (GS 10B-134.11[a]):

      1. Personal Knowledge: The remotely located principal is personally known to the Electronic Notary. 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]).

      2. Multifactor Authentication: If a remotely located individual is not personally known to the Electronic Notary Public, the individual’s identity may be verified through a multifactor authentication procedure which consists of all of the following:

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

         3. Remote Presentation: “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).

   2. 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 GS 10B-134.3 and GS 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 Willingness

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]).

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)(1) 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.

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]-[6]).

Notary as Witness: The Department of the North Carolina Secretary of State has construed GS 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.

Individuals With Disabilities

1. 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]).

2. 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).

3. 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]).

4. Auxiliary Aids, Interpreters, Transliterators, CART Captioners

   1. Definitions