North Carolina Statutes

Chapter 10B Notaries

Article 1 - Notary Public Act.

  • § 10B-1   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.)
  • § 10B-2   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....
  • § 10B-3   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...
  • § 10B-4   Reserved for future codification purposes
  • § 10B-5   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...
  • § 10B-6   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...
  • § 10B-7   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...
  • § 10B-8   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...
  • § 10B-9   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...
  • § 10B-10   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...
  • § 10B-11   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...
  • § 10B-12   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, ___________________...
  • § 10B-13   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.)
  • § 10B-14   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...
  • § 10B-15 through 10B-19   Reserved for future codification purposes
  • § 10B-20   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,...
  • § 10B-21   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...
  • § 10B-22   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...
  • § 10B-23   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...
  • § 10B-24   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,...
  • § 10B-25 through 10B-29   Reserved for future codification purposes
  • § 10B-30   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...
  • § 10B-31   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, five dollars...
  • § 10B-32   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,...
  • § 10B-33   Reserved for future codification purposes
  • § 10B-34   Reserved for future codification purposes
  • § 10B-35   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...
  • § 10B-36   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...
  • § 10B-37   Seal image
    (a) A notary shall affix the notary's official seal near the notary's official signature on the notarial certificate of a record. (b) A notary's official...
  • § 10B-38   Reserved for future codification purposes
  • § 10B-39   Reserved for future codification purposes
  • § 10B-40   Notarial certificates in general
    (a) A notary shall not make or give a notarial certificate unless the notary has either personal knowledge or satisfactory evidence of the identity of...
  • § 10B-41   Notarial certificate for an acknowledgment
    (a) When properly completed by a notary, a notarial certificate that substantially complies with the following form may be used and shall be sufficient under...
  • § 10B-42   Notarial certificate for a verification or of subscribing witness
    (a) When properly completed by a notary, a notarial certificate in substantially the following form may be used and shall be sufficient under the law...
  • § 10B-42.1   Notarial certificate for a verification of nonsubscribing witness
    (a) When properly completed by a notary, a notarial certificate in substantially the following form may be used and shall be sufficient under the law...
  • § 10B-43   Notarial certificate for an oath or affirmation
    (a) When properly completed by a notary, a notarial certificate that substantially complies with either of the following forms may be used and shall be...
  • § 10B-44 through 10B-49   Reserved for future codification purposes
  • § 10B-50   Change of address
    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...
  • § 10B-51   Change of name
    (a) Within 45 days after the legal change of a notary's name, the notary shall send to the Secretary by fax, e‑mail, or certified mail,...
  • § 10B-52   Change of county
    (a) A notary who has moved to another county in North Carolina remains commissioned until the current commission expires, is not required to obtain a...
  • § 10B-53   Change of both name and county
    Within 45 days after the legal change of a notary's name, and if the notary has also moved to a different county than as last...
  • § 10B-54   Resignation
    (a) A notary who resigns the notary's commission shall send to the Secretary by fax, e‑mail, or certified mail, return receipt requested, a signed notice...
  • § 10B-55   Disposition of seal; death of notary
    (a) When a notary commission is resigned or revoked, the notary shall deliver the notary's seal to the Secretary within 45 days of the resignation...
  • § 10B-56 through 10B-59   Reserved for future codification purposes
  • § 10B-60   Enforcement and penalties
    (a) The Secretary may issue a warning to a notary or restrict, suspend, or revoke a notarial commission for a violation of this Chapter and...
  • § 10B-61 through 10B-64   Reserved for future codification purposes
  • § 10B-65   Acts of notaries public in certain instances validated
    (a) Any acknowledgment taken and any instrument notarized by a person prior to qualification as a notary public but after commissioning or recommissioning as a...
  • § 10B-66   Certain notarial acts validated
    (a) Any acknowledgment taken and any instrument notarized by a person whose notarial commission was revoked on or before January 30, 1997, is hereby validated....
  • § 10B-67   Erroneous commission expiration date cured
    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...
  • § 10B-68   Technical defects cured
    (a) Technical defects, errors, or omissions in a notarial certificate shall not affect the sufficiency, validity, or enforceability of the notarial certificate or the related...
  • § 10B-69   Official forms cured
    (a) The notarial certificate contained in a form issued by a State agency prior to October 1, 2006, is deemed to be a valid certificate...
  • § 10B-70   Certain notarial acts for local government agencies validated
    Any acknowledgment taken and any instrument notarized for a local government agency by a person prior to qualification as a notary public but after commissioning...
  • § 10B-71 through 10B-98   Reserved for future codification purposes
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  • § 10B-99   Presumption of regularity
    (a) In the absence of evidence of fraud on the part of the notary, or evidence of a knowing and deliberate violation of this Article...

Article 2 - Electronic Notary Act.

  • § 10B-100   Short title
    This Article is the Electronic Notary Public Act and may be cited by that name. (2005‑391, s. 4.)
  • § 10B-101   Definitions
    The following definitions apply in this Article: (1) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (2) "Electronic...
  • § 10B-102   Scope of this Article
    Article 1 of this Chapter applies to all acts authorized under this Article unless the provisions of Article 1 directly conflict with the provisions of...
  • § 10B-103   Reserved for future codification purposes
  • § 10B-104   Reserved for future codification purposes
  • § 10B-105   Qualifications
    (a) A person qualified for electronic notary registration shall meet all of the following requirements: (1) Hold a valid commission as a notary public in...
  • § 10B-106   Registration with the Secretary of State
    (a) Before performing notarial acts electronically, a notary shall register the capability to notarize electronically with the Secretary. (b) The term of registration as an...
  • § 10B-107   Course of instruction
    (a) Before performing electronic notarial acts, a notary shall take a course of instruction of least three hours approved by the Secretary and pass an...
  • § 10B-108   Fees for registration
    The fee payable to the Secretary for registering or reregistering as an electronic notary is fifty dollars ($50.00), which shall be in addition to the...
  • § 10B-109 through 10B-114   Reserved for future codification purposes
  • § 10B-115   Types of electronic notarial acts
    The following types of notarial acts may be performed electronically: (1) Acknowledgments; (2) Jurats; (3) Verifications or proofs; and (4) Oaths or affirmations. (2005‑391, s.
  • § 10B-116   Prohibitions
    An electronic notarization shall not be performed if the signer of the electronic document: (1) Is not in the presence of the electronic notary at...
  • § 10B-117   Notarial components of electronic 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...
  • § 10B-118   Maximum fees
    For performing electronic notarial acts, the maximum fees that may be charged by an electronic notary are as follows: (1) For acknowledgments, $10.00 per signature....
  • § 10B-119 through 10B-124   Reserved for future codification purposes
  • § 10B-125   Electronic signature, electronic seal
    (a) The notary's electronic signature in combination with the electronic notary seal shall be used only for the purpose of performing electronic notarial acts. (b)...
  • § 10B-126   Security measures
    (a) A notary shall safeguard the notary's electronic signature, the notary's electronic seal, and all other notarial records. Notarial records shall be maintained by the...
  • § 10B-127   Maintenance of electronic device
    (a) An electronic notary shall take reasonable steps to ensure that any registered device used to create the notary's electronic signature is current and has...
  • § 10B-128   Disposition of records
    (a) Upon compliance with G.S. 10B‑127 and except as provided in subsection (b) of this section, when an electronic notary's commission expires or is resigned...
  • § 10B-129 through 10B-134   Reserved for future codification purposes
  • § 10B-135   Validity of notarial certificates
    The provisions contained in Article 1, Part 6, of this Chapter, with regard to notarial certificate forms, are applicable for the purposes of this Article....
  • § 10B-136   Form of evidence of authority of electronic notarial act
    Electronic evidence of the authenticity of the official electronic signature and electronic seal of an electronic notary of this State, if required, shall be attached...
  • § 10B-137   Certificate of authority for electronic notarial act
    (a) An electronic certificate of authority evidencing the authenticity of the official electronic signature and electronic seal of an electronic notary of this State shall...
  • § 10B-138 through 10B-144   Reserved for future codification purposes
  • § 10B-145   Restriction or revocation of registration
    The Secretary or the Secretary's designee shall have the authority to warn, restrict, suspend, or revoke an electronic notary registration for a violation of this...
  • § 10B-146   Wrongful manufacture, distribution, or possession of software or hardware
    (a) Any person who knowingly creates, manufactures, or distributes software for the purpose of allowing a person to act as an electronic notary without being...