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Fees and Commission Changes Flashcards

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  1. Under NCGS Chapter 10B, a NC notary who charges a fee for a notarial act must provide a receipt if:

    Answer: The client requests one

    NC law does not automatically require a notary to provide a receipt for every fee charged. However, if the client requests a receipt, the notary should provide one. Good practice suggests always providing a receipt.

  2. A NC notary receives their renewed commission from the NC SOS. Their old commission expired on June 30. The new commission is effective July 1. Between June 30 and July 1, the notary:

    Answer: May not perform any notarial acts since the old commission expired and the new one has not yet begun

    A notary's authority to act is tied to their commission dates. If the old commission expired on June 30 and the new one is effective July 1, there is a gap in authority. The notary may not perform notarial acts during that gap.

  3. A NC notary is promoted and their employer wants to add a new county to their notarial coverage. The notary already filed their oath and bond in their home county. What action is needed?

    Answer: Nothing — NC commissions are statewide and allow notarizing in any county

    A NC notary commission is valid statewide. There is no requirement to file additional oaths, bonds, or registrations in each county where the notary performs notarial acts. The initial oath and bond filing in the county of residence satisfies the requirement.

  4. Under NCGS Chapter 10B, the NC SOS may change the maximum notary fee by:

    Answer: Legislation passed by the NC General Assembly

    The maximum notary fee of $10 per act is set by NCGS §10B-26, which is a statute enacted by the NC General Assembly. Only the General Assembly can change this statutory cap through legislation.

  5. A NC notary whose commission is about to expire wants to perform notarizations between submitting the renewal application and receiving the new commission. Under NC law, the notary may:

    Answer: Only perform notarizations under the old commission until it actually expires

    A notary may continue performing notarizations under their existing commission until its stated expiration date, even while a renewal application is pending. Once the old commission expires, they must stop until the new commission is officially issued.

  6. A NC notary learns that another notary is charging $20 per notarial act. The proper course of action is to:

    Answer: Report the violation to the NC Secretary of State's Notary Public Section

    Violations of the notary fee cap under NCGS §10B-26 should be reported to the NC Secretary of State's Notary Public Section, which has authority to investigate notarial misconduct and take disciplinary action.