A Notary Public in North Carolina is a public official appointed by the Secretary of State, authorized to perform notarial acts within the state. This role serves as an impartial witness to the signing of documents, helping to deter fraud and affirm the identity of the signers. The commission process is governed by North Carolina General Statutes and administrative rules. Successfully navigating the required steps ensures compliance with state law and protects the integrity of the official acts performed.
Meet the Basic Eligibility Requirements
The process begins by meeting several statutory prerequisites. An applicant must be at least 18 years of age or legally emancipated. Residency requirements mandate that an individual must either reside legally in North Carolina or have a regular place of work or business within the state.
Applicants must possess a high school diploma or its equivalent, such as a General Educational Development (GED) certificate. They must also be able to speak, read, and write English to execute the duties of the office. The state requires a clean background, barring those convicted of a felony or a crime involving moral turpitude, unless citizenship rights have been restored.
Complete the Required Training and Testing
Once eligibility is confirmed, the prospective notary must complete the mandatory education component. This involves successfully completing a state-approved Notary Public course, typically a six-hour class offered through North Carolina community colleges. The course covers the legal duties, limitations, and ethical conduct required of the office.
Applicants must pass a written examination administered by the course instructor, achieving a score of 80% or better. Licensed attorneys who are members of the North Carolina State Bar are exempt from this course and examination requirement. The instructor’s signature on the official application certifies successful completion of the training and testing for submission to the Secretary of State.
Submit the Official Application
With the mandatory training complete, the applicant must apply to the North Carolina Secretary of State (NCSOS). The official form, the Application for Commission as a Notary Public, must be filled out accurately and submitted within three months of passing the required course. The applicant’s signature on the form must be acknowledged by another commissioned notary public.
A non-refundable application fee of $50, payable to the NC Secretary of State, must accompany the completed packet. The packet, including the notarized form and the instructor’s certification, is typically mailed to the NCSOS Notary Public Section in Raleigh. The Secretary of State’s office generally processes applications within one to three weeks, provided all information is accurate.
Take the Oath of Office
After the NCSOS approves the application, they mail an oath notification letter to the successful applicant. This letter signifies the commission has been granted but is not yet legally active. The applicant must then appear in person before the Register of Deeds in the county of their commissioning.
The applicant must take the official oath of office within 45 days of the issue date on the notification letter. This formal public declaration binds the individual to uphold the duties of the office. A $10 fee is paid to the Register of Deeds, and the commission is not legally valid until the oath is administered and recorded.
Obtain Necessary Notary Supplies
Performing notarial acts requires specific tools to authenticate the notary’s actions. Every notarization must include the image of the notary’s official seal or stamp. North Carolina law mandates that the seal image must contain the notary’s name exactly as commissioned, the words “Notary Public,” the county of commission, and the words “North Carolina.”
The seal can be either a circular image (1.5 to 2 inches in diameter) or a rectangular image (not exceeding 1 inch high and 2.5 inches long). While state law does not mandate a journal or record book for traditional notarial acts, maintaining a detailed log of every transaction is recommended for protecting against legal challenges.
Understand the Scope of Your Duties
A commissioned Notary Public is authorized to perform specific notarial acts, including taking acknowledgments, administering oaths and affirmations, and certifying verifications or proofs. These acts confirm the identity of the signer and ensure the document’s validity. The notary must always act as a neutral party, performing duties without personal interest in the transaction.
A notary public must never offer legal advice, draft legal documents, or choose the type of notarial act for a signer, as these actions constitute the unauthorized practice of law. A notary must not perform an act if they have a direct financial interest in the transaction or if the signer’s capacity appears questionable. Notaries are limited in the fees they may charge, which are set by statute.
Renewing Your Commission
A North Carolina Notary Public commission is effective for a term of five years. To ensure continuous authority, the notary must apply for reappointment before the current commission expires. The renewal process can begin up to 10 weeks prior to the expiration date.
Renewal requires submitting a new application to the NCSOS, along with the applicable fee. Renewing notaries must also pass a written examination, similar to the initial process, unless they qualify for a specific exemption. If the commission lapses, the individual must reapply as a first-time notary, which may require retaking the six-hour course in addition to the exam.