§ 10B-1 – Short title.

10B-1. Short title. This Article is the "Notary Public Act" and may be cited by that name. (1991, c. 683, s. 2; 2005-391, s. 4.)

§ 10B-10 – Commission; oath of office; emergency extension.

10B-10. Commission; oath of office; emergency extension. (a) If the Secretary grants a commission to an applicant, the Secretary shall notify the appointee and shall instruct the appointee regarding the proper procedure for taking the oath at the register of deeds office in the county of the appointee’s commissioning. (b) Except as provided in subsection […]

§ 10B-11 – Recommissioning.

10B-11. Recommissioning. (a) A commissioned notary may apply for recommissioning no earlier than 10 weeks prior to the expiration date of the notary’s commission. (b) A notary whose commission has not expired must comply with the following requirements to be recommissioned: (1) Submit a new application meeting the requirements of G.S. 10B-6, except for G.S. […]

§ 10B-12 – Notarized declaration.

10B-12. Notarized declaration. The application for a notary public commission shall contain the following declaration to be executed by each applicant under oath: Declaration of Applicant I, ___________________ (name of applicant), solemnly swear or affirm under penalty of perjury that the information in this application is true, complete, and correct; that I understand the official […]

§ 10B-13 – Application fee.

10B-13. Application fee. Every applicant for a notary commission shall pay to the Secretary a nonrefundable application fee of fifty dollars ($50.00). (2005-391, s. 4.)

§ 10B-14 – Instructor's certification.

10B-14. Instructor’s certification. (a) The course of study required by G.S. 10B-5(b) shall be taught by an instructor certified under rules adopted by the Secretary. An instructor must meet the following requirements to be certified to teach a course of study for notaries public: (1) Complete and pass an instructor certification course of not less […]

§ 10B-2 – (Effective until July 1, 2023) Purposes.

10B-2. Purposes. This Chapter shall be construed and applied to advance its underlying purposes, which are the following: (1) To promote, serve, and protect the public interests. (2) To simplify, clarify, and modernize the law governing notaries. (3) To prevent fraud and forgery. (4) To foster ethical conduct among notaries. (5) To enhance interstate recognition […]

§ 10B-20 – (Effective until July 1, 2023) Powers and limitations.

10B-20. Powers and limitations. (a) A notary may perform any of the following notarial acts: (1) Acknowledgments. (2) Oaths and affirmations. (3) Repealed by Session Laws 2006-59, s. 6, effective October 1, 2006, and except as otherwise set forth in the act, applicable to notarial acts performed on or after October 1, 2006. (4) Verifications […]

§ 10B-21 – Notaries ex officio.

10B-21. Notaries ex officio. (a) The clerks of the superior court may act as notaries public in their several counties by virtue of their offices as clerks and may certify their notarial acts only under the seals of their respective courts. Assistant and deputy clerks of superior court, by virtue of their offices, may perform […]

§ 10B-22 – False certificate; foreign language certificates.

10B-22. False certificate; foreign language certificates. (a) A notary shall not execute a notarial certificate containing information known or believed by the notary to be false. (b) A notary shall not execute a certificate that is not written in the English language. A notary may execute a certificate written in the English language that accompanies […]

§ 10B-23 – Improper records.

10B-23. Improper records. (a) A notary shall not notarize a signature on a record without a notarial certificate indicating what type of notarial act was performed. However, a notary may administer an oath or affirmation without completing a jurat. (b) A notary shall neither certify, notarize, nor authenticate a photograph. A notary may notarize an […]

§ 10B-24 – Testimonials.

10B-24. Testimonials. A notary shall not use the official notary title or seal in a manner intended to endorse, promote, denounce, or oppose any product, service, contest, candidate, or other offering. This section does not prohibit a notary public from performing a notarial act upon a record executed by another individual. (2005-391, s. 4.)

§ 10B-25 – (Expires June 30, 2023 see note) Emergency video notarization.

10B-25. Expired pursuant to Session Laws 2021-3, s. 2.10(a), effective December 31, 2021.

§ 10B-3 – Definitions.

10B-3. Definitions. The following definitions apply in this Chapter: (1) Acknowledgment. – A notarial act in which a notary certifies that at a single time and place all of the following occurred: a. An individual appeared in person before the notary and presented a record. b. The individual was personally known to the notary or […]

§ 10B-30 – Imposition and waiver of fees.

10B-30. Imposition and waiver of fees. (a) For performing a notarial act, a notary may charge up to the maximum fee specified in this Chapter. (b) A notary shall not discriminatorily condition the fee for a notarial act on any attribute of the principal that would constitute unlawful discrimination. (c) Nothing in this Chapter shall […]

§ 10B-31 – Fees for notarial acts.

10B-31. Fees for notarial acts. The maximum fees that may be charged by a notary for notarial acts are as follows: (1) For acknowledgments, jurats, verifications or proofs, five dollars ($5.00) per principal signature. (2) For oaths or affirmations without a signature, five dollars ($5.00) per person, except for an oath or affirmation administered to […]

§ 10B-32 – Notice of fees.

10B-32. Notice of fees. Notaries who charge for their notarial services shall conspicuously display in their places of business, or present to each principal outside their places of business, an English-language schedule of fees for notarial acts. No part of any notarial fee schedule shall be printed in smaller than 10-point type. (2005-391, s. 4.)

§ 10B-35 – Official signature.

10B-35. Official signature. When notarizing a paper record, a notary shall sign by hand in ink on the notarial certificate. The notary shall comply with the requirements of G.S. 10B-20(b)(1) and (b)(2). The notary shall affix the official signature only after the notarial act is performed. The notary shall not sign a paper record using […]

§ 10B-36 – Official seal.

10B-36. Official seal. (a) A notary shall keep an official seal or stamp that is the exclusive property of the notary. The notary shall keep the seal in a secure location. A notary shall not allow another person to use or possess the seal, and shall not surrender the seal to the notary’s employer upon […]

§ 10B-37 – Seal image.

10B-37. Seal image. (a) A notary shall affix the notary’s official seal near the notary’s official signature on the notarial certificate of a record. (b) A notary’s official seal shall include all of the following elements: (1) The notary’s name exactly as commissioned. (2) The words "Notary Public". (3) The county of commissioning, including the […]