NC Notary Fees and Commission Changes 5 — Questions and Answers
Question 1: A NC notary legally changes their name after marriage. Within how many days must they notify the Secretary of State of the name change?
- 10 days
- 30 days
- 45 days (Correct answer)
- 90 days
Correct answer: 45 days
NC General Statutes § 10B-51 requires a notary to notify the Secretary of State of a name change within 45 days of the change.
Question 2: After a notary's name change is officially recorded with the NC Secretary of State, what must the notary do with their existing notary seal?
- Continue using the old seal until it wears out to avoid unnecessary expense
- Destroy or deface the old seal and obtain a new seal bearing the updated name (Correct answer)
- Submit the old seal to the Secretary of State for archiving
- Tape a written name correction over the old seal impression on documents
Correct answer: Destroy or deface the old seal and obtain a new seal bearing the updated name
Once a new commission reflecting the new name is issued, the notary must stop using the old seal and obtain a new one with the correct name; the old seal must be destroyed or defaced.
Question 3: A NC notary's commission expires on August 15. The notary has a document to notarize on August 16 and has already submitted a renewal application. May they proceed?
- Yes, because the renewal application establishes continuity of commission
- Yes, if they note on the certificate that renewal is pending
- No, the notary must wait until the new commission is officially issued before performing any acts (Correct answer)
- No, unless the document is dated August 15 or earlier
Correct answer: No, the notary must wait until the new commission is officially issued before performing any acts
A notary may not perform notarial acts after their commission expires, even if a renewal is pending; authority only resumes when the new commission is officially granted.
Question 4: A NC notary moves from Wake County to Mecklenburg County. What effect does this county change have on their notarial authority?
- Their commission is void; they must reapply in Mecklenburg County
- Their commission remains valid statewide; they must update their address with the Secretary of State within 45 days (Correct answer)
- Their commission is suspended until they transfer their bond to Mecklenburg County
- They must obtain a supplemental county endorsement for Mecklenburg County
Correct answer: Their commission remains valid statewide; they must update their address with the Secretary of State within 45 days
A NC notary commission is valid statewide, not county-specific; moving counties does not affect authority, but the notary must update their address with the Secretary of State within 45 days.
Question 5: How long is the standard term of a North Carolina notary public commission?
- 2 years
- 3 years
- 4 years
- 5 years (Correct answer)
Correct answer: 5 years
Under NC General Statutes § 10B-11, a notary commission is issued for a term of five years.
Question 6: A notary discovers they made an error on their original commission application (wrong zip code). What is the correct course of action?
- No action is needed for minor clerical errors on the original application
- Notify the Secretary of State promptly and submit a corrected address update (Correct answer)
- Resign and reapply with the correct information
- File a correction with the county register of deeds where they were sworn in
Correct answer: Notify the Secretary of State promptly and submit a corrected address update
Notaries must keep their contact information current with the Secretary of State; discovering an error or any change requires prompt notification to that office.
Question 7: After the Secretary of State revokes a notary's commission, what must the notary do with fees collected prior to revocation?
- Refund all fees collected during the final year of commission
- Refund all fees collected since the last renewal
- No refund is required; revocation does not retroactively invalidate lawfully collected fees (Correct answer)
- Deposit all fees into a state escrow fund pending appeal
Correct answer: No refund is required; revocation does not retroactively invalidate lawfully collected fees
Revocation of a commission operates prospectively; fees lawfully charged for valid notarial acts performed before revocation do not become refundable.
NC Notary Fees and Commission Changes 5
A NC notary legally changes their name after marriage.
Within how many days must they notify the Secretary of State of the name change?