FREE NC Notarial Acts and Legal Considerations Questions and Answers
What is a "credible witness" in the context of notarial acts?
A "credible witness" is an individual who is personally known to the notary and meets specific criteria: the notary believes the individual is honest and reliable, and the individual is not a party to or beneficiary of the transaction being notarized. This person can provide identification for someone who cannot, thus allowing the transaction to proceed.
A notarial act that is legally equivalent to an oath and in which a notary certifies that at a single time and place, all of the following occurred is called:
An affirmation is a notarial act that is legally equivalent to an oath. In an affirmation, the individual appears before the notary with the record, is personally known by the notary or identified by satisfactory evidence, and makes a vow of truthfulness on penalty of perjury, based on personal honor, without invoking a deity or using any form of the word "swear."
Who can a North Carolina Notary notarize for?
A North Carolina Notary can notarize documents for anyone except themselves. Notaries are prohibited from notarizing their own signatures or any document in which they have a personal interest. This restriction ensures impartiality and prevents conflicts of interest in notarial acts.
What restrictions apply to becoming a notary in North Carolina?
In North Carolina, individuals seeking to become notaries must meet specific eligibility criteria. One such restriction is that they must not have been convicted of corruption or malpractice in any office, or have been removed from any office by impeachment. This requirement ensures the integrity and trustworthiness of individuals serving as notaries public in the state.
Where can a North Carolina notary perform notarial acts?
North Carolina notaries have statewide jurisdiction, meaning they can perform notarial acts in all 100 counties of the state. This ensures that notaries can serve the public across the entire geographic area of North Carolina, facilitating accessibility and convenience for individuals requiring notarial services.
What does "attest" or "attestation" refer to in the context of a notarial act?
"Attest" or "attestation" refers to the completion of a certificate by a notary who has performed a notarial act. This involves the notary certifying that the notarial act was properly conducted, including any necessary signatures, seals, and other formalities.
What does "jurat" refer to in the context of notarial acts?
A "jurat" refers to a notary's certificate that evidences the administration of an oath or affirmation. It includes a statement signed by the notary indicating that the signer appeared before them, was identified or sworn to, and made a vow of truthfulness. This document is crucial in legal and official contexts to affirm the authenticity of sworn statements.