NC Notary Notary Public Responsibilities and Eligibility 5 — Questions and Answers
Question 1: Where in North Carolina is a commissioned notary authorized to perform notarial acts?
- Only within the county where they are commissioned
- Only within the city or town where they are employed
- Anywhere within the boundaries of North Carolina (Correct answer)
- Anywhere in the United States
Correct answer: Anywhere within the boundaries of North Carolina
A NC notary commission grants statewide authority to perform notarial acts anywhere within North Carolina.
Question 2: What is an 'acknowledgment' in the context of NC notarial acts?
- The notary's attestation that a document's contents are factually accurate
- A signer's voluntary declaration to the notary that they executed the document as their own act (Correct answer)
- A sworn oath administered by the notary to a deposition witness
- A notary's certification that a copy is identical to the original document
Correct answer: A signer's voluntary declaration to the notary that they executed the document as their own act
An acknowledgment is the signer's declaration before the notary that they willingly executed the document for the purposes stated therein.
Question 3: Which of the following is a PROHIBITED notarial act for a NC notary?
- Notarizing a deed for a stranger who presents valid government-issued photo ID
- Certifying a copy of a state-issued birth certificate (Correct answer)
- Administering an oath for a witness in a deposition
- Performing an acknowledgment on a power of attorney document
Correct answer: Certifying a copy of a state-issued birth certificate
NC notaries are prohibited from certifying copies of vital records such as birth, death, or marriage certificates; certified copies must be obtained from the issuing government agency.
Question 4: If a NC notary permanently relocates to another state and is no longer employed in NC, what happens to their commission?
- It automatically transfers to the new state's notary program
- The commission becomes void because the residency or employment requirement is no longer met (Correct answer)
- The commission remains valid for 90 days after the move
- The notary may retain the commission by paying an annual non-resident fee
Correct answer: The commission becomes void because the residency or employment requirement is no longer met
A NC commission requires the notary to reside or be regularly employed in NC; permanently leaving without NC employment terminates the commission.
Question 5: Under standard NC notarization rules, may a notary take an acknowledgment from a signer appearing via video call?
- Yes, if both parties agree to it in writing beforehand
- Yes, provided the document is emailed to the notary first
- No, the signer must personally appear before the notary in person (Correct answer)
- No, unless the notary also holds a current attorney's license
Correct answer: No, the signer must personally appear before the notary in person
Standard NC law requires the signer to personally appear before the notary at the time of the notarial act; video-only appearances do not satisfy this requirement unless using the separately approved remote online notarization process.
Question 6: A notary who willfully performs a false notarial act in North Carolina may face:
- Only a civil fine imposed by the Secretary of State
- Criminal charges and potential civil liability for resulting damages (Correct answer)
- A written reprimand for a first offense only
- A 30-day suspension of their commission
Correct answer: Criminal charges and potential civil liability for resulting damages
Willfully performing a false notarial act in NC is a criminal offense and may also expose the notary to civil liability for any resulting damages.
Question 7: What educational requirement must a NC notary applicant meet under GS §10B-5?
- An associate degree or higher from an accredited institution
- Completion of an approved notary education course only
- A high school diploma or its equivalent (Correct answer)
- A bachelor's degree in any field of study
Correct answer: A high school diploma or its equivalent
GS §10B-5 requires applicants to possess a high school diploma or its equivalent, such as a GED.
NC Notary Notary Public Responsibilities and Eligibility 5
Where in North Carolina is a commissioned notary authorized to perform notarial acts?