North Carolina - U.S. Notary Reference

Last Update: April 9, 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 (GS 10B-38).

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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”), Subchapter 07B (“General Requirements”), Subchapter 07C (“Electronic Notary Standards”), Subchapter 07D (“Continuing Obligations of Notaries”), Subchapter 07E (“Notary Instructor Requirements”), Subchapter 07F (“Electronic Notary Public Requirements”), and Subchapter 07J (“Requirements for Technology to Conduct Electronic Notarization”).

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

Registration to Perform In-Person Electronic Notarial Acts

1. 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 07C.0200, .0300, .0400, .0500, and .0600).

   1. Hold or obtain a North Carolina Notary Commission.

   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 and pass the exam with a score of 80% or better. 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.

   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.

   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]).

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 to perform in-person electronic notarial act may perform the following notarial acts electronically (GS 10B-115):

   1. Acknowledgments;

   2. Jurats;

   3. Verifications or proofs; and

   4. 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” (GS 10B-101[3]).

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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. 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. 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]).

Refusal of Services

“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).

Competence and Volition

“(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]).

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

“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]).

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,” above.

4. Personal Appearance: “When an electronic notary performs an electronic notarization, the principal and the electronic notary shall be in each other’s physical presence during the entire electronic notarization so that the principal and the electronic notary can see, hear, communicate with, and give identification documents to each other without the use of electronic devices such as telephones, computers, video cameras, or facsimile machines …
   “Electronic notaries must require face to face personal appearance for every electronic notarization, just as they do for a paper-based notarial act” (eNotary website, “Frequently Asked Questions”; GS 10B-116; 18 NCAC 07F .1101).

5. Components of e-Document: “In performing an 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’;
   “3. The words ‘State of North Carolina’;
   “4. The expiration date of the commission;
   “5. The notary’s electronic signature; and
   “6. The completed wording of one of the following notarial certificates:
   “(a) Acknowledgment;
   “(b) Jurat;
   “(c) Verification or proof; or
   “(d) Oath or affirmation” (GS 10B-117).

6. Security Measures: “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]).

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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]).

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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).

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

Protected Access: “Access to electronic notary signatures and electronic notary seals shall be protected by the use of a password, token, biometric, or other form of authentication approved by the Department.…” (18 NCAC 07F .1002).

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

“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]).

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

“The electronic notary signature is a unique, independently verifiable image of the electronic notary’s handwritten signature, that is retained under the electronic notary’s sole control and 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” (eNotary website, “Frequently Asked Questions”; GS 10B-101[7]; 18 NCAC 07C .0701, .0702, .0704, and .0705).

“An image of the electronic notary’s handwritten signature shall appear on any visual or printed representation of an electronic notary certificate regardless of the technology being used to affix the electronic notary’s electronic signature” (18 NCAC 07F .0705).

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Records Requirement

1. Journal

   1. Notarial Acts: Not required.

   2. In-Person Electronic Notarial Acts: “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]).
      “The Secretary may require an electronic notary to create and to maintain a record, journal, or entry of each electronic notarial act as of June 1, 2007. However, it is strongly recommended as a ‘best practice’ that all notaries voluntarily keep a journal to record all official notarial acts” (eNotary website, “Frequently Asked Questions”).

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 Entries

“Typical journal entries include the date and time of the transaction, the name(s) and signature(s) of the principal signer(s), the type of identification used to positively identify the signer(s), the type of document notarized, and the type of notarization that was performed. Driver’s license numbers and Social Security numbers should not be recorded in a notary journal” (NPG).

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]).

Disposition of Journal

“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).

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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):

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

3. 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.

4. In-Person Electronic Notarial Acts: The maximum fee that a North Carolina Notary may charge for electronic notarial acts is $15 per notarized principal signature for acknowledgments, jurats, verifications or proofs, and oaths or affirmations (GS 10B-118).

5. Remote Electronic Notarizations: 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]).

Travel Fees

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).

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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