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Qualifications and Commission Flashcards

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  1. A prospective notary public in North Carolina must meet several qualifications. Which of the following is a mandatory requirement for an initial commission?

    Answer: Satisfactorily complete a state-approved six-hour course.

    North Carolina General Statute §10B-8(a) requires every applicant for an initial notary commission to take a course of classroom instruction of not less than six hours approved by the Secretary of State within the three months preceding their application. While applicants must reside or work in the state, there is no one-year durational requirement. The minimum age is 18, not 21. A driver's license is not a specific requirement for the commission itself.

  2. An individual has successfully completed the required notary course and passed the exam. After submitting the application and fee, the Secretary of State issues the commission. What is the final step this individual must take to be officially qualified to perform notarial acts?

    Answer: Take the oath of office at the Register of Deeds within 45 days.

    According to North Carolina law, after the Secretary of State grants a commission, the appointee must appear before the Register of Deeds within 45 days to take the oath of office. The commission is not effective, and any notarial acts performed before taking the oath are invalid. While purchasing a seal is required to notarize, it is not the final step in becoming qualified.

  3. A person living in a state bordering North Carolina wants to become an NC Notary. Under what condition could this individual qualify for a North Carolina notary commission?

    Answer: If they regularly work or have a place of business in North Carolina.

    North Carolina notary law allows for non-residents to become commissioned if they have a regular place of work or business within the state. Simply owning property or being a student is not sufficient; the qualification is tied to employment or business presence in NC.

  4. What is the standard term of a notary public commission in North Carolina?

    Answer: Five years

    A North Carolina notary public commission is valid for a term of five years, unless it is revoked or resigned sooner.

  5. Which of the following individuals would be disqualified from receiving a North Carolina notary commission?

    Answer: An applicant who was convicted of a crime involving moral turpitude.

    The Secretary of State is authorized to deny a commission to an applicant who has been convicted of any crime involving 'dishonesty or moral turpitude.' Licensed attorneys are not only eligible but are also exempt from the educational course requirement. An applicant may be considered 10 years after their release from parole. Legal residency, not necessarily citizenship, is required.

  6. Once a notary's application is approved by the Secretary of State, an Oath Notification Letter is sent to the applicant. If the applicant fails to take the oath of office at the Register of Deeds within the specified timeframe, what is the consequence?

    Answer: The commission is void, and the applicant must reapply and pay a new fee.

    Failure to take the oath of office at the Register of Deeds within 45 days of the date on the notification letter voids the commission. To proceed, the individual must submit a new application and pay the associated $50 filing fee again.