N.C. Gen. Stat. § 10B-1
Short title
Short title. This Article is the "Notary Public Act" and may be cited by that name. (1991, c. 683, s. 2; 2005-391, s. 4.)
North Carolina General Statutes Chapter 10B — Chapter 10B.
North Carolina · statute · N.C. Gen. Stat. ch. 10B · 82 active provisions
Provisions
N.C. Gen. Stat. § 10B-2
Purposes
Purposes. This Chapter shall be construed and applied to advance its underlying purposes, which are the following: (1) To promote, serve, and protect the public interests. (2) To simplify, clarify, and modernize the law governing notaries. (3) To prevent fraud and forgery. (4) To foster ethical conduct among notaries.…
N.C. Gen. Stat. § 10B-3
Definitions
Definitions. The following definitions apply in this Chapter: (1) Acknowledgment. - 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…
N.C. Gen. Stat. § 10B-4
Rules
Rules. The Secretary may adopt rules necessary to administer and enforce this Chapter in order to achieve the purposes of the Act. (2023-57, s. 4(a).) Part 2. Commissioning.
N.C. Gen. Stat. § 10B-5
Qualifications
Qualifications. (a) Except as provided in subsection (d) of this section, the Secretary shall commission as a notary any qualified person who submits an application in accordance with this Chapter. (b) A person qualified for a notarial commission shall meet all of the following requirements: (1) Be at least 18 years of…
N.C. Gen. Stat. § 10B-6
Application for commission
Application for commission. Every application for a notary commission shall be made on paper with original signatures, or in another form determined by the Secretary, and shall include all of the following: (1) A statement of the applicant's personal qualifications as required by this Chapter. (2) A certificate or sign…
N.C. Gen. Stat. § 10B-7
Statement of personal qualification
Statement of personal qualification. (a) The application for a notary commission shall include at least all of the following: (1) The applicant's full legal name and the name to be used for commissioning, excluding nicknames. (2) The applicant's date of birth. (3) The mailing address for the applicant's residence, the…
N.C. Gen. Stat. § 10B-8
Course of study and examination
Course of study and examination. (a) Every applicant for an initial notary commission shall, within the three months preceding application, take a course of classroom instruction of not less than six hours approved by the Secretary and take a written examination approved by the Secretary. An applicant must answer at le…
N.C. Gen. Stat. § 10B-9
Length of term and jurisdiction
Length of term and jurisdiction. 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. No commissions shall be effective prior to the administration of the oath of office. Any notarial acts performed b…
N.C. Gen. Stat. § 10B-10
Commission; oath of office
Commission; oath of office. (a) If the Secretary grants a commission to an applicant, the Secretary shall notify the appointee and shall instruct the appointee regarding the proper procedure for taking the oath at the register of deeds office in the county of the appointee's commissioning. (b) Except as provided in sub…
N.C. Gen. Stat. § 10B-11
Recommissioning
Recommissioning. (a) A commissioned notary may apply for recommissioning no earlier than 10 weeks prior to the expiration date of the notary's commission. (b) A notary whose commission has not expired must comply with the following requirements to be recommissioned: (1) Submit a new application meeting the requirements…
N.C. Gen. Stat. § 10B-12
Notarized declaration
Notarized declaration. The application for a notary public commission shall contain the following declaration to be executed by each applicant under oath: Declaration of Applicant I, ___________________ (name of applicant), solemnly swear or affirm under penalty of perjury that the information in this application is tr…
N.C. Gen. Stat. § 10B-13
Application fee
Application fee. Every applicant for a notary commission shall pay to the Secretary a nonrefundable application fee of fifty dollars ($50.00). (2005-391, s. 4.)
N.C. Gen. Stat. § 10B-14
Instructor's certification
Instructor's certification. (a) The course of study required by G.S. 10B-5(b) shall be taught by an instructor certified under rules adopted by the Secretary. An instructor must meet the following requirements to be certified to teach a course of study for notaries public: (1) Complete and pass an instructor certificat…
N.C. Gen. Stat. § 10B-20
Powers and limitations
Powers and limitations. (a) A notary may perform any of the following notarial acts: (1) Acknowledgments. (2) Oaths and affirmations. (3) Repealed by Session Laws 2006-59, s. 6, effective October 1, 2006, and except as otherwise set forth in the act, applicable to notarial acts performed on or after October 1, 2006. (4…
N.C. Gen. Stat. § 10B-21
Notaries ex officio
Notaries ex officio. (a) 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 courts. Assistant and deputy clerks of superior court, by virtue of their offices, may perform…
N.C. Gen. Stat. § 10B-22
False certificate; foreign language certificates
False certificate; foreign language certificates. (a) A notary shall not execute a notarial certificate containing information known or believed by the notary to be false. (b) 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…
N.C. Gen. Stat. § 10B-23
Improper records
Improper records. (a) A notary shall not notarize a signature on a record without a notarial certificate indicating what type of notarial act was performed. However, a notary may administer an oath or affirmation without completing a jurat. (b) A notary shall neither certify, notarize, nor authenticate a photograph. A…
N.C. Gen. Stat. § 10B-24
Testimonials
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. (2…
N.C. Gen. Stat. § 10B-25
(For expiration - see note) Emergency video notarization
(For expiration - see note) Emergency video notarization. (a) Notwithstanding any other provision of law, a notary may perform an emergency video notarization using video conference technology provided all of the requirements of this section are satisfied. A notary who is not satisfied that the principal's identity has…
N.C. Gen. Stat. § 10B-30
Imposition and waiver of fees
Imposition and waiver of fees. (a) For performing a notarial act, a notary may charge up to the maximum fee specified in this Chapter. (b) A notary shall not discriminatorily condition the fee for a notarial act on any attribute of the principal that would constitute unlawful discrimination. (c) Nothing in this Chapter…
N.C. Gen. Stat. § 10B-31
Fees for notarial acts
Fees for notarial acts. The maximum fees that may be charged by a notary for notarial acts are as follows: (1) For acknowledgments, jurats, verifications or proofs, ten dollars ($10.00) per notarized principal signature. (2) For oaths or affirmations without a signature, ten dollars ($10.00) per person, except for an o…
N.C. Gen. Stat. § 10B-32
Notice of fees
Notice of 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 t…
N.C. Gen. Stat. § 10B-35
Official signature
Official 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 G.S. 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 rec…
N.C. Gen. Stat. § 10B-36
Official seal
Official seal. (a) 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…
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