Notary Public Monroe North Carolina
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I offer Notary Services in the Union County Area and in the surrounding areas.
STATE Requirements to notarize your document:
Call me to Notarize your next document. 704-290-8807
FAQ about a NotaryGeneral Information
1. How does a notary find information about statutory changes that affect notary practice?
Notaries can contact the Notary Section in the Department of the Secretary of State for their state, the county register of deeds office, or a local community college to learn about changes in the statutes that will affect a notary public.
2. What is a notarial act?
As defined in the statutes, a notarial act is any act that a notary public of North Carolina is authorized to perform, including:
Taking an acknowledgment
Administering an oath or affirmation
Executing a jurat or taking a verification upon oath or affirmation
Witnessing or attesting a signature
Powers and Limitations
3. What are the notarial acts a North Carolina notary public is authorized to perform?
North Carolina notaries are authorized to perform acknowledgments, oaths and affirmations, and verifications and proofs. They can also execute jurats.
4. If a notary resides in one county, can he or she notarize a document in another county?
Yes. A North Carolina notary public may notarize documents in any North Carolina county.
5. May a notary certify a true copy of a document?
No, a notary is not authorized to certify any document to be a true copy.
6. What is the difference between a jurat and an acknowledgment ? Are the terms interchangeable?
No, the terms are not interchangeable. A jurat is that part of an affidavit or deposition in which the notary states that the affidavit or deposition was sworn to before the notary. A jurat can be expressed with the phrase Subscribed and sworn to (or affirmed) before me this the ____ day of __________, 20__. An acknowledgment is a declaration by a person that he or she executed an instrument for the purposes stated therein. If the instrument is executed in a representative capacity, the acknowledgment is also a declaration that the instrument was signed with the proper authority and executed as the act of the entity represented and identified therein.
7. What is the penalty for notarizing a document without the personal appearance of the principal?
In addition to losing the notarial commission, a notary who performs a notarial act without the principal personally appearing before the notary is guilty of a Class 1 misdemeanor. If the notary performs the notarial act without the principals personal appearance with the intent to commit fraud, the notary is guilty of a Class I felony.
8. What other notary act violations are classified as Class 1 misdemeanors?
Performing a notarial act after a commission has expired or been suspended
Performing a notarial act before taking the oath of office
Taking a verification or proof of a subscribing witness without personal knowledge or satisfactory evidence of the subscribing witness's identity
Holding oneself out to the public as a notary without being commissioned
9 . What violations are classified as felonies?
Performing a notarial act knowing it to be false or fraudulent
Taking a verification or proof of a subscribing witness without personal knowledge or satisfactory evidence of the subscribing witness's identity with the intent to commit fraud
Performing notarial acts knowing he or she is not commissioned under state law
Obtaining, using, concealing, defacing, or destroying a notarial seal or notarial records without the proper authority
10. Can an applicant who has been convicted of a felony become a notary?
According to G.S. 10B-5(d)(2), the Department may deny an application for commission or recommission based on the 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.
11. If a commissioned notary is convicted of a felony or other crime involving dishonesty or moral turpitude, what should the notary do?
The notary should immediately stop acting as a notary and notify the Department. In most instances the notary will be given the option to resign his or her commission in lieu of revocation.
12. In what capacity may military personnel act as North Carolina notaries?
Persons authorized to act as notaries by 10 U.S.C. 1044a and other federal laws may perform notarial acts only for certain categories of military personnel listed in those statutes. In doing so they are not acting as North Carolina notaries because their authority is derived from federal rather than state law. They may apply for a North Carolina notary commission if they wish.
13. If a notary notarizes a document, may he or she also act as a witness to that document?
No.
14. How does a notary properly notarize a document for a person the notary does not personally know and who lacks the customary proper identification?
A credible person the notary knows can verify the signer's identity.
15. May a notary take an acknowledgment by phone or fax?
No. According to G.S. 10B-3(1), an acknowledgment is a notarial act in which an individual at a single time and place appears in person before the notary and presents a record, is personally known to the notary or identified by the notary through satisfactory evidence, indicates to the notary that the signature on the record was voluntarily affixed by the individual for the purposes stated within the record.
16. May a notary acknowledge two signatures if only one of the signers is present?
No.
17. What is the procedure for notarizing the signature of a person who cannot write but who signs with a mark?
A mark can be considered a signature in North Carolina, and the procedure is the same as for any other personal appearance associated with a notarial act. The notary would include the following language under the signer's signature (mark): Mark affixed by (name of signer by mark) in presence of undersigned notary.
18. May a notary public notarize a document that is in a foreign language?
Yes, but the notarial certificate must be in English. G.S. Chapter 66 requires an English translation of the document for authentication.
19. How is a notary's signature authenticated on a document in this country?
Information on authentications may be found on the Department's Web site at www.sosnc.com.
20. How is a notarized document authenticated for use overseas?
Information on authentications may be found on the Department's Web site at www.sosnc.com. Commissions
21. Is a notary applicant who took a course of less than six hours and who submitted an application after December 1, 2005, required to retake the course?
Yes. All applicants for initial appointment as a notary public who submit an application postmarked on or after December 1, 2005, must take a course of not less than six hours within three months prior to filing the application.
22. What are the testing requirements for initial appointment applicants?
An applicant for initial commissioning as a notary public must pass an examination (scoring 80% or higher) at the conclusion of the six-hour course. The test will be administered by the notary public instructor.
23. Will incomplete applications be denied?
Yes. All questions on the application should be answered completely. According to G.S. 10B-5(b)(8), a person shall [s]ubmit an application containing no significant misstatement or omission of fact.
24. Can notaries use initials or nicknames in the official commission name?
The applicant must use his or her legal name for commissioning, which excludes nicknames. The following are acceptable forms for commission names:
John A. Smith
J. Allen Smith
John Smith
John Allen Smith
The notary's stamp or seal name and the notary's signature must match the commission name.
25. Is the applicant information submitted to the Department considered confidential?
The following information required for a notary application is designated confidential by G.S. 10B-7(b): The applicant's date of birth The mailing and street address of the applicant's residence The telephone number of the applicant's residence The last four digits of the applicant's Social Security number The applicant's personal and business e-mail addresses 26. How long does it take the Department to process a notary application? Three to four weeks, if the application is complete and correct. 27. What are the procedures after someone submits an application for appointment or reappointment as a notary public? After the application is approved, the applicant will receive an oath notification letter. The applicant will then have 45 days from the commission effective date (stated on the oath notification letter) in which to go to his or her county register of deeds office to take the oaths of office for the notary public commission. Registers of deeds charge $10 for administering the oaths of office. 28. Are notary applicants required to be United States citizens? No, but according to G.S. 10B-7(a)(8), the applicant must prove legal U.S. residency by providing [a] declaration that the applicant is a citizen of the United States or proof of the applicant's legal residency in this country. 29. Are applicants for reappointment to the office of notary required to have an elected official's recommendation? No, the Department does not require a public official's recommendation for reappointments. 30. How far in advance may a notary apply for reappointment? No earlier than ten weeks before the commission expiration date. 31. How much is the fee for reappointment, and how may the fee be paid? The nonrefundable fee for reappointment is $50. It may be paid by check or money order; cash will be accepted only if presented in person. The fee may also be paid online using Visa, MasterCard, or Automated Clearing House (ACH) debit accounts. 32. Are there testing requirements for notaries applying for reappointment? Yes. Effective December 1, 2005, notaries applying for reappointment are also required to pass a notary public exam with a score of 80% or higher. Applicants for reappointment may take the exam online at the Department's Web site at www.sosnc.com. These applicants will have 3 chances in 30 days to pass the exam. Applicants who fail to pass the exam after 3 attempts must retake the notary public course. 33. Does the Department notify notaries when commissions must be renewed? No. The notary is responsible for keeping track of his or her commission expiration date and applying for recommissioning no more than 10 weeks prior to that expiration date. 34. Must a notary be sworn in upon each reappointment to office? Yes. A notary is sworn in every five years upon reappointment at the register of deeds office in the county of commission. 35. If a notary does not appear before the register of deeds to take the oaths of office within 45 days of the commission's effective date, what happens? The register of deeds returns the commission to the Department, and the applicant must reapply for the commission, including paying a new $50 application fee. 36. Can a notary be commissioned in the county in which he or she works if the notary resides in another county in North Carolina? No. A commission is issued in the county in which the notary works only when the applicant resides outside of North Carolina. 37. Are notaries required to have the latest edition of the Notary Public Guidebook to qualify for reappointment? Yes. According to G.S. 10B-5(b)(7), a notary shall [p]urchase and keep as a reference the most recent manual approved by the Secretary that describes the duties and authority of notaries public. The most current guidebook will be the 2006 tenth edition, which will be published in July 2006. You can pre-order this edition by placing a back order with the School of Government. 38. Where can the Notary Public Guidebook for North Carolina be purchased? The current guidebook may be ordered by writing the School of Government, UNC Chapel Hill, CB #3330, Knapp-Sanders Building, Chapel Hill, NC 27599-3330; phoning 919-966-4119; e-mailing sales@iogmail.iog.unc.edu; ; ordering online at www.sogpubs.unc.edu; or contacting a bookstore in your area or at a local community college. 39. What must a notary do if he or she changes his or her name? Submit a signed notice of change to the Department within 45 days of the change. After receiving an oath notification letter from the Department, obtain a new seal and return the old seal by certified mail, return receipt requested, to the Department. Take the oaths of office at the register of deeds in the county of commission within 45 days. 40. Can a notary notarize documents while he or she is waiting for the name change application to be processed? If so, how does the notary sign his or her name? Yes, a notary can notarize documents during this time. The notary should sign as previously commissioned until he or she receives the oath notification letter from the Department. The notary should then abstain from performing any notarial act until the oath is taken at a register of deeds office in the county of commission and the notary obtains a new seal with the new name. 41. If a commission was originally issued under a nickname, is the notary required to change the commission to his or her legal name? Yes, upon recommissioning. Effective December 1, 2005, G.S. Chapter 10B requires that a notary be commissioned in his or her legal name. 42. What should a notary do if he or she changes both his or her county of residence and name simultaneously during the term of the commission? Submit a new application and fee to the Department of the Secretary of State. Complete the online reappointment exam. After receiving an oath notification letter from the Department, obtain a new seal and return the old seal by certified mail, return receipt requested, to the Department. Take the oaths of office at the register of deeds in the county of commission within 45 days. Official Seals 43. If a notary changes employment, should he or she leave the seal at the previous place of employment? No. According to G.S. Chapter 10B, the notarial seal is required to be the exclusive property of the notary. Even if a notary's employer purchases any tool related to the notarial office, such as the stamp/seal or guidebook, or even if the employer pays the notary's application fee, the notary remains responsible and personally liable for all notarial acts he or she performs. 44. What precautions must a notary take to secure the stamp or seal? G.S. Chapter 10B requires that stamps and seals be kept in a secure location accessible only to the notary. 45. What are the components of the notarial seal? The notary's name exactly as commissioned The words Notary Public The county of commissioning, including the word County or the abbreviation Co. The words North Carolina or the abbreviation NC The seal may contain the notary's commission expiration date, but if it does the notary must get a new seal upon reappointment every five years with the new commission expiration date. A notarial act is invalid if the expiration date shown is incorrect at the time the act is performed. 46. What are the size and shape requirements for the stamp or seal? Effective December 1, 2005, The seal may be either circular or rectangular in shape. A circular seal may not be less than 1 1/2 inches nor more than 2 inches in diameter. A rectangular seal may not be more than 1 inch high or 2 1/2 inches long. 47. What should a notary do with the seal or stamp upon resignation? Within 45 days of resignation or termination of the commission, the notary must send the seal or stamp by certified mail, return receipt requested, to the Department for proper disposal. 48. What should a notary do if the seal is lost or stolen? Within 10 days of discovering that the seal is lost or stolen, the notary must, in the case of theft or vandalism, inform the appropriate law enforcement agency (typically the sheriff's office). The notary must also notify in writing the register of deeds in the county of commission and the Department. The notary should also inform his or her employer of the loss or theft of a seal. Certificates 49. Can a notary use a facsimile or stamp for his or her official signature? No. A notary's official signature must be signed by hand in ink on the notarized document. 50. What is a venue ? A venue is the location, including the state and county, where the notarial act takes place. The venue is not necessarily the notary's county of commission. 51. Should a notary change the venue if it is printed with the wrong state or county? Yes. The notary authenticates all notarial acts by, among other things, setting forth the venue. This implies that the venue is true and correct, so if a certification includes an incorrect venue, the notary should correct it. It is also recommended that the notary initial and date any corrections made in the certificate. 52. Are both the stamp and signature required for a notarial act? Yes. A notary must also complete the certificate. The notary's signature and stamp by themselves do not constitute a complete notarization. 53. Is a notary responsible for adding a notarial certificate, if needed, to a document? No. The document maker is responsible for providing the correct notarial certificate. G.S. Chapter 10B sets out the requirements for notarial certificates and provides examples of acceptable certificate forms. These forms can be found on the Department's Web site at www.sosnc.com. 54. What elements constitute a sufficient certificate that is not otherwise prescribed by a particular statute? An acknowledgment not otherwise prescribed by law includes the following: The state and county in which the acknowledgment occurred The name of the principal who appeared in person before the notary A statement that the notary has either personal knowledge of the principal's identity or has obtained satisfactory evidence of the principal's identity as required by law, indicating the nature of the satisfactory evidence A statement that the principal who appeared in person before the notary acknowledged that the signature on the record presented is his or her signature and that the principal voluntarily signed the record for the purpose stated therein The date of the acknowledgment\ The notary's signature The notary's official seal The notary's commission expiration date A verification or proof not otherwise prescribed by law includes the following: The state and county in which the verification or proof occurred The name of the subscribing witness who appeared in person before the notary A statement that the notary has either personal knowledge of the subscribing witness's identity or has obtained satisfactory evidence of the subscribing witness's identity as required by law, indicating the nature of the satisfactory evidence The name of the principal whose signature is to be verified or proven A statement that the subscribing witness certified to the notary under oath or by affirmation that the subscribing witness is not a named party to the record in question, has no interest in the transaction, signed the record as a subscribing witness, and witnessed either the principal sign the record or acknowledge his or her signature on the already-signed record The date of the verification or proof The notary's signature The notary's official seal The notary's commission expiration date
55. Must a notary's seal or stamp and signature be placed on the same page?
Yes. Motor Vehicle Titles
56. When notarizing a vehicle title, should the notary charge the fees set by G.S. Chapter 10B or those charged by the Division of Motor Vehicles (DMV)?
North Carolina notaries charge the fees set by G.S. Chapter 10B. Tag agents in DMV offices charge the fees set by G.S. 20-42, which states that the DMV has authority to administer oaths and certify copies of records.
57. When a notary is notarizing a vehicle title, are both the purchaser and seller required to be in the notary's presence?
Notaries should direct questions regarding vehicle titles to the DMV at 919-715-7000 or consult the DMV Web site at www.ncdot.org/DMV.
58. Is a notary responsible for the proper completion of an assignment or reassignment of a vehicle title when notarizing these documents?
The notary must ensure that the document is complete above the notarial certificate before performing a notarial act.
59. Is a notary responsible for putting a lien on a car?
No.
60. May a notary notarize an assignment or a reassignment of a vehicle title for his or her spouse?
Yes, if the notary is not a named party on the title or does not directly benefit from the transaction. The Department highly recommends, however, that notaries not perform notarial acts for relatives. Fees
61. How much can a notary charge for a verification or proof, since the notary is both witnessing a signature and giving an oath?
According to G.S. 10B-31, the maximum fees that may be charged by a notary for notarial acts are as follows For acknowledgments, jurats, verifications or proofs, five dollars ($5.00) per principal signature. For oaths or affirmations without a signature, five dollars ($5.00) per person, except for an oath or affirmation administered to a credible witness to vouch for a principal's identity,