Commission Lapsed, Seal Still Inked
Robert's four-year North Carolina notary commission expired on March 31. He mailed a renewal application on April 2 and assumed he could keep notarizing while the application was pending. On May 10 he notarized a neighbor's acknowledgment using a seal that still showed the old expiration date of March 31. Robert had moved in February and did not report his new address to the Secretary of State; his commission record still lists the old apartment. He also ordered new business cards that say 'Notary Public - State of North Carolina' without an expiration date. The neighbor's bank accepted the document, but the neighbor later noticed the seal date and asked whether the notarization was valid. Robert says, 'It's just a renewal, so it should be fine,' and he has continued to notarize two more documents in June.
1. Was the May 10 acknowledgment valid? Explain.
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Probably not. A notary's authority comes from a current commission. If Robert's commission expired on March 31 and had not been renewed or reinstated by May 10, he was not a notary public on that date and could not perform a notarial act. A pending application does not extend the commission. The fact that the bank accepted the document does not cure the defect; acceptance by a third party is not legal authority. The notarial certificate may be treated as defective, and the document may need to be re-notarized by a currently commissioned notary. Robert should not backdate or alter the certificate to fix it.
2. What violations or grounds for discipline are present?
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Robert performed notarial acts after his commission expired, which is unauthorized and may be a criminal violation and grounds for denial, suspension, or revocation of a commission. He used a seal showing an expiration date that was no longer correct, which misrepresents his authority. He failed to report his address change as required, so the commission record is inaccurate. His business cards omit the expiration date, which may violate required seal or advertising content rules. Continuing to notarize in June compounds the problem. The Secretary of State may consider these facts in a renewal or disciplinary proceeding, and Robert's good intentions do not excuse the statutory requirements.
3. What should Robert do now?
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Robert should stop performing notarial acts immediately until he has a current commission. He should contact the Secretary of State's notary office, explain the lapse, confirm whether his renewal was received, and follow the proper application or reinstatement process. He should obtain a new seal only after the new commission is issued and ensure the seal reflects the correct expiration date. He should report his current address and correct his business cards. He should identify the documents he notarized after expiration and tell the affected parties that they need to be re-notarized by a currently commissioned notary. He should not alter the old certificates or destroy his journal.