NC Notary Laws and Regulations 3 — Questions and Answers
Question 1: Under NC law, a notary's official stamp or seal MUST include which of the following elements?
- The notary's home address and phone number
- The notary's date of birth and commission number
- The words 'Notary Public' and 'North Carolina' along with the notary's name (Correct answer)
- The notary's social security number and county of residence
Correct answer: The words 'Notary Public' and 'North Carolina' along with the notary's name
G.S. 10B-37 requires the seal to display the notary's name, the words 'Notary Public,' and 'North Carolina,' plus the county of commission.
Question 2: Which of the following actions is expressly PROHIBITED for a NC notary?
- Notarizing a document for a person the notary does not personally know
- Performing a notarial act in which the notary has a direct financial or beneficial interest in the transaction (Correct answer)
- Charging the maximum statutory fee for every notarial act
- Notarizing a document that will be filed in another state
Correct answer: Performing a notarial act in which the notary has a direct financial or beneficial interest in the transaction
G.S. 10B-20(b) prohibits a notary from performing a notarial act if the notary is a party to or has a financial interest in the transaction.
Question 3: A NC notary who willfully performs a notarial act without the principal being physically present (absent an authorized remote procedure) may be charged with:
- A Class A1 misdemeanor
- A Class 1 misdemeanor (Correct answer)
- A Class H felony
- A civil infraction with no criminal exposure
Correct answer: A Class 1 misdemeanor
G.S. 10B-60(b) makes it a Class 1 misdemeanor for a notary to willfully perform a notarial act when the principal is not present.
Question 4: Under NC law, a notary MUST refuse to perform a notarial act when:
- The document exceeds 20 pages in length
- The document is written in a language the signer does not speak
- The notary cannot satisfactorily identify the principal (Correct answer)
- The document will be recorded in a different county
Correct answer: The notary cannot satisfactorily identify the principal
G.S. 10B-20(c) requires a notary to refuse if they cannot identify the signer through satisfactory evidence of identity.
Question 5: NC law requires that a notary's official stamp impression or seal must be:
- Applied only in black ink to prevent forgery
- Applied only with an embossed (raised) seal device
- Capable of being reproduced in a photocopy or electronic image (Correct answer)
- Renewed each time the notary moves to a new county
Correct answer: Capable of being reproduced in a photocopy or electronic image
G.S. 10B-37 requires the official stamp to produce an impression that is photographically reproducible, ensuring it survives document copying.
Question 6: Under NC law, a notary is prohibited from notarizing a document when:
- The signer is under 21 years old
- The notary's own signature appears on the document as a party (Correct answer)
- The document involves real estate valued over $500,000
- The document contains more than one signature line
Correct answer: The notary's own signature appears on the document as a party
A notary cannot notarize a document to which they are a signatory, as that would create a disqualifying financial or personal interest.
Question 7: A NC notary who charges a fee above the statutory maximum commits:
- A Class A1 misdemeanor
- A Class 1 misdemeanor (Correct answer)
- A Class H felony
- No offense — the fee schedule is advisory only
Correct answer: A Class 1 misdemeanor
G.S. 10B-31(c) provides that overcharging for a notarial act is a Class 1 misdemeanor.
Under NC law, a notary's official stamp or seal MUST include which of the following elements?