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Official Seal and Journal Flashcards

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  1. A NC notary is asked to produce their notary journal as evidence in a civil lawsuit. The notary should:

    Answer: Comply with a valid subpoena — the journal is an official record subject to legal process

    A notary journal is an official record, not a privileged document. If subpoenaed in a civil action, the notary must comply with the subpoena and produce the journal. There is no 'notary-client privilege' under NC law.

  2. Under NCGS Chapter 10B, a NC notary's official seal is:

    Answer: The exclusive property of the notary and cannot be used by anyone else

    Under NCGS §10B-36, the official seal belongs exclusively to the notary as a personal commission holder, regardless of who paid for it. It cannot be used by anyone else, transferred, or loaned.

  3. A NC notary's journal is damaged in a flood and many entries are destroyed. The notary should:

    Answer: Notify the NC SOS of the loss and document the circumstances of the damage

    If a notary journal is lost or damaged, the NC SOS guidance recommends the notary notify the NC SOS of the incident and document the circumstances. Recreating entries from memory would be unreliable and potentially falsifying records.

  4. Under NC law, may a notary use a rubber stamp seal?

    Answer: Yes — NC law permits either an inked rubber stamp or an embossed seal

    Under NCGS §10B-36, NC notaries may use either an inked rubber stamp seal or an embossed seal. Both are legally acceptable as the official notary seal in North Carolina.

  5. Under NCGS Chapter 10B, may a NC notary's employer require the notary to surrender their journal to the employer when employment ends?

    Answer: No — the journal is the notary's official record and remains with the notary

    A notary's journal is an official record of their notarial acts as a commissioned officer. It belongs to the notary personally, not to the employer, regardless of who paid for the supplies. The notary retains the journal upon leaving employment.

  6. Under NCGS §10B-36, which element does NC law require to appear on the official notary seal but is NOT necessarily required to appear on the notarial certificate?

    Answer: The notary's commission or registration number

    The notary's commission or registration number may appear on the official seal but is not listed as a mandatory element of the notarial certificate itself under NCGS §10B-37. The certificate requires name, expiration date, signature, and venue, but commission number is optional on the certificate.