NC Notary - North Carolina Notary Official Seal and Journal Questions and Answers 1 — Questions and Answers
Question 1: A North Carolina notary's official seal is lost or stolen. According to G.S. 10B-36, what is the notary REQUIRED to do within 10 days of discovery?
- Order a new seal and notify the Secretary of State only.
- Notify the Secretary of State and the appropriate law enforcement agency.
- File a report with a law enforcement agency and notify both the Secretary of State and the Register of Deeds. (Correct answer)
- Publish a notice in a local newspaper and inform the Register of Deeds.
Correct answer: File a report with a law enforcement agency and notify both the Secretary of State and the Register of Deeds.
North Carolina General Statute 10B-36(c) explicitly requires a notary to do two things within 10 days of discovering their seal is lost or stolen: (1) Inform the appropriate law enforcement agency in the case of theft or vandalism, and (2) Notify the appropriate register of deeds and the Secretary of State in writing.
Question 2: Which of the following is an OPTIONAL element that may be included in a North Carolina notary's official seal image?
- The notary's commission expiration date (Correct answer)
- The words "Notary Public"
- The county of commissioning
- The notary's name as it appears on the commission
Correct answer: The notary's commission expiration date
According to G.S. 10B-37(d), the commission expiration date is an optional element on the seal itself. While the expiration date must appear on the notarial certificate, it can be handwritten, typed, or part of the seal. The other three elements—the notary's name, the title "Notary Public," and the county of commission—are all required components of the official seal.
Question 3: A newly commissioned notary in Wake County is purchasing their first official seal. Which of the following seal designs would be statutorily non-compliant in North Carolina?
- A rectangular stamp that is 0.75 inches high and 2.25 inches long.
- A circular embosser with a diameter of 1.75 inches.
- A circular stamp with a diameter of 1.25 inches. (Correct answer)
- A rectangular stamp that is 1 inch high and 2.5 inches long.
Correct answer: A circular stamp with a diameter of 1.25 inches.
G.S. 10B-37(c) states that a circular seal shall not be less than 1 1/2 inches (1.5 inches) nor more than 2 inches in diameter. A seal with a 1.25-inch diameter falls below the minimum size requirement and is therefore non-compliant. The other options fall within the acceptable size ranges for rectangular (not over 1 inch high and 2.5 inches long) and circular seals.
Question 4: Regarding the maintenance of a notary journal for traditional (paper) notarizations, what is the legal requirement for notaries in North Carolina?
- A journal must be maintained for all real estate transactions.
- A journal is mandatory and must be a permanently bound book with numbered pages.
- A journal is not required by law, but is strongly recommended as a best practice. (Correct answer)
- A journal is only required if the notary performs more than 50 notarizations per year.
Correct answer: A journal is not required by law, but is strongly recommended as a best practice.
North Carolina law does not mandate that notaries maintain a journal for traditional, paper-based notarial acts. However, it is considered a best practice for liability protection and professional record-keeping. Journals are required for electronic notarizations.
Question 5: A North Carolina notary resigns from their job. Their employer, who paid for the notary's commission and supplies, demands that the notary surrender their official seal and journal. According to notary law, how should the notary respond?
- Surrender the seal and journal as they are company property.
- Surrender the seal but keep the journal.
- Refuse to surrender the seal and journal as they are the exclusive property of the notary.
- Provide copies of the journal entries to the employer before surrendering both items. (Correct answer)
Correct answer: Provide copies of the journal entries to the employer before surrendering both items.
G.S. 10B-36(a) clearly states that the official seal is the exclusive property of the notary and shall not be surrendered to an employer upon termination of employment. Similarly, any journal maintained by the notary is also the notary's property and responsibility. The notary must keep these tools secure and under their sole control.
Question 6: Which of the following actions constitutes an improper use of a notary's official seal in North Carolina?
- Using an embosser in addition to an inked stamp on a notarial certificate.
- Affixing the seal on the same page as the notarial certificate and signature.
- Allowing a trusted coworker to use the seal for a simple acknowledgment while the notary is on a lunch break. (Correct answer)
- Placing the seal impression near the notary's signature on a completed notarial certificate.
Correct answer: Allowing a trusted coworker to use the seal for a simple acknowledgment while the notary is on a lunch break.
Under G.S. 10B-36(a), a notary shall not allow another person to use or possess the seal. The seal must remain in the notary's exclusive control at all times. Allowing a coworker to use it, regardless of trust or simplicity of the act, is a serious violation of notary law.
NC Notary - North Carolina Notary Official Seal and Journal Questions and Answers 1
A North Carolina notary's official seal is lost or stolen.
According to G.S. 10B-36, what is the notary REQUIRED to do within 10 days of discovery?