NC Notary Laws and Regulations 5 — Questions and Answers
Question 1: Under NC law, which of the following is acceptable evidence of a signer's identity for purposes of notarization?
- A utility bill showing the signer's name and address
- A valid passport issued by a foreign government with a photograph (Correct answer)
- A library card bearing the signer's photo
- A birth certificate presented alone without other ID
Correct answer: A valid passport issued by a foreign government with a photograph
G.S. 10B-3 defines satisfactory evidence of identity to include current passports issued by any government, provided they bear a photo and signature.
Question 2: A signer is physically unable to sign their name. Under NC law, how may the notarization proceed?
- The notary must refuse because a signature is always legally required
- The notary may sign the document on behalf of the signer without restriction
- The signer may make a mark, such as an X, which the notary then witnesses as the signature (Correct answer)
- A family member may sign in the signer's place with the notary's approval
Correct answer: The signer may make a mark, such as an X, which the notary then witnesses as the signature
G.S. 10B-20(a)(4) and related provisions allow a principal to make a mark in lieu of a signature when physically unable to write, and the notary witnesses that mark.
Question 3: Which type of notarial act requires the signer to take an oath or affirmation swearing to the truthfulness of the document's contents?
- Acknowledgment
- Jurat (verification or proof) (Correct answer)
- Copy certification
- Signature witnessing
Correct answer: Jurat (verification or proof)
A jurat requires the signer to swear or affirm under oath that the statements in the document are true, whereas an acknowledgment only confirms the signature was voluntary.
Question 4: A NC notary who permanently moves to another state and no longer has a regular place of work in NC must:
- Continue using the commission freely until it expires
- Immediately notify the Secretary of State and their commission becomes void (Correct answer)
- Transfer their commission to the new state's notary program
- Apply for an out-of-state extension from the NC Secretary of State
Correct answer: Immediately notify the Secretary of State and their commission becomes void
Under G.S. 10B-9, a notary who loses both NC residency and a regular NC place of work must resign their commission, which then becomes void.
Question 5: Which of the following events causes a NC notary commission to become automatically void?
- The notary changes employers within North Carolina
- The notary moves to a different county within North Carolina
- The notary loses NC residency and no longer has a regular place of work in NC (Correct answer)
- The notary legally changes their name without updating commission records
Correct answer: The notary loses NC residency and no longer has a regular place of work in NC
G.S. 10B-9 voids a commission when the notary no longer satisfies the residency or regular-employment-in-NC qualification.
Question 6: A NC notary is served with a court subpoena requiring testimony about a notarization they performed two years ago. The notary must:
- Refuse to testify, citing notarial confidentiality protections
- Comply with the subpoena and provide testimony as required by the court (Correct answer)
- Seek written permission from the original signer before testifying
- Consult the Secretary of State before appearing in court
Correct answer: Comply with the subpoena and provide testimony as required by the court
Unlike attorney-client privilege, NC notary law provides no general confidentiality privilege; a notary served with a valid subpoena must comply.
Question 7: Under G.S. Chapter 10B, which of the following is a valid ground for the Secretary of State to revoke a NC notary commission?
- The notary routinely notarized documents outside their home county
- The notary consistently charged the maximum allowable statutory fee
- The notary was convicted of a crime involving dishonesty or moral turpitude (Correct answer)
- The notary performed more than 200 notarial acts in a single calendar year
Correct answer: The notary was convicted of a crime involving dishonesty or moral turpitude
G.S. 10B-60 authorizes the Secretary of State to revoke a commission when a notary is convicted of a crime involving dishonesty, false statements, or moral turpitude.
NC Notary Laws and Regulations 5
Under NC law, which of the following is acceptable evidence of a signer's identity for purposes of notarization?