NC Notary Notary Public Laws and Regulations 5 — Questions and Answers
Question 1: A notary is asked to perform a copy certification of a power of attorney document. Under NC law, this is:
- Prohibited because POAs can only be certified by attorneys
- Allowed if the original is presented for comparison (Correct answer)
- Prohibited because copy certifications are never allowed
- Allowed only for documents the notary personally drafted
Correct answer: Allowed if the original is presented for comparison
NC notaries may certify copies of documents — including powers of attorney — by comparing the copy to the original presented to them.
Question 2: What action must a North Carolina notary take if their official seal is lost or stolen?
- Report it to local law enforcement only
- Notify the NC Secretary of State and obtain a replacement seal (Correct answer)
- Immediately cease all notarial acts permanently
- Continue notarizing with a rubber stamp substitute
Correct answer: Notify the NC Secretary of State and obtain a replacement seal
A notary must notify the NC Secretary of State when their seal is lost or stolen and then obtain a replacement.
Question 3: Under NC law, may a notary notarize a document in which the notary is named as a party or has a direct financial interest?
- Yes, if the notary discloses the conflict in writing
- Yes, if another witness is present
- No, it is prohibited regardless of disclosure (Correct answer)
- Yes, for documents under $500 in value
Correct answer: No, it is prohibited regardless of disclosure
A notary is disqualified from performing a notarial act on any document in which the notary is a named party or has a direct financial interest.
Question 4: When must a North Carolina notary complete their official training course?
- Within one year after commissioning
- Before taking the oath of office for their commission (Correct answer)
- Only if they perform electronic notarizations
- Every renewal cycle, not the initial commission
Correct answer: Before taking the oath of office for their commission
Applicants must complete an approved notary education course before they can be commissioned and take their oath of office.
Question 5: A signer appears to be under duress when presenting a document for notarization. The notary should:
- Proceed if the signer verbally confirms willingness
- Refuse the notarization and note it in the journal (Correct answer)
- Require the signer to return alone on another day
- Contact an attorney before deciding
Correct answer: Refuse the notarization and note it in the journal
If a signer appears to be acting under duress or coercion, the notary must refuse the notarization to ensure the act is voluntary.
Question 6: Which statement about electronic notarization in North Carolina is correct?
- Electronic notarization is completely prohibited in NC
- Electronic notarization requires a separate authorization from the Secretary of State (Correct answer)
- Any commissioned notary may perform electronic notarizations without extra steps
- Electronic seals are optional for electronic notarizations
Correct answer: Electronic notarization requires a separate authorization from the Secretary of State
NC notaries must obtain separate authorization from the Secretary of State before performing electronic notarizations.
Question 7: If a notary's name changes (e.g., due to marriage), what must the notary do to continue practicing?
- Apply for a completely new commission immediately
- Notify the Secretary of State and update the commission within 45 days (Correct answer)
- Continue using the old name until the commission renews
- File an affidavit with the county register of deeds
Correct answer: Notify the Secretary of State and update the commission within 45 days
A notary who legally changes their name must notify the NC Secretary of State within 45 days and update their commission accordingly.
NC Notary Notary Public Laws and Regulations 5
A notary is asked to perform a copy certification of a power of attorney document.
Under NC law, this is: