NC Notary cheat sheet

A notarial act is performed only for a signer who is physically present before the notary at the time of the act; acts for absent persons are void.

Core duties: identify the signer, determine voluntariness and awareness, screen for undue influence or duress, administer oaths or affirmations when the certificate requires them, and complete the certificate accurately.

A notary may refuse to perform any act; refusal is mandatory when identity is unproven, the signer appears confused or coerced, or the document or request is unlawful.

The notary must never decide the truth of the document's contents, give legal advice, draft legal documents, or select a document type for the signer.

A notary may not notarize for a spouse, parent, child, or sibling in a transaction where the notary has a direct financial or beneficial interest.

A notary public is a public officer, not a party's agent; the notary's loyalty runs to the integrity of the act and to the public, not to the employer or hiring party.

The certificate must be completed at the time of the act; pre-signed or pre-dated certificates, and certificates completed later without the signer present, are improper.

If the signer cannot sign, the notary may notarize a signature made by another at the signer's direction only where the law allows, and the certificate must state that fact.

Personal appearance means the signer is in the notary's physical presence, able to see, hear, and be seen by the notary; video or phone appearance does not satisfy it unless the statute expressly authorizes remote acts.

Satisfactory evidence of identity is either (a) personal knowledge, or (b) at least one current, government-issued photo ID with a serial or identification number, bearing the signer's photograph and signature.

Personal knowledge requires familiarity built over time through dealings sufficient to rule out a reasonable doubt; a single prior meeting or an introduction by another person is not enough.

Expired IDs, photocopies, and digital images of IDs are generally not satisfactory; the notary must examine the actual, current credential.

Credible identifying witnesses may substitute for an ID only where the statute permits, and each witness must personally know the signer and take an oath; record the witnesses' names and addresses.

Compare the photo, physical description, and signature on the ID to the person before you; note obvious discrepancies and refuse if identity remains uncertain.

Some states require the notary to record the ID type, issuing authority, and number in the journal; follow the stricter of statute and practice.

A signer who cannot produce satisfactory evidence of identity cannot be notarized, even if the notary has known the signer's family for years.

Journal entries are made at the time of the act, contemporaneously; later reconstruction from memory is unreliable and may violate the statute.

Typical required fields: date and time of the act, type of act, document type or title, signer's printed name and address, identification method and ID details, and the notary's signature.

Where the statute requires a thumbprint, it is generally required when the signer is not personally known to the notary or is identified by a credible witness.

The journal belongs to the notary and is the notary's responsibility; an employer may not keep it, and it must be retained for the statutory period after commission expiration or resignation.

The notary may not record the document's full contents, and must not make a certified copy of the journal entry for a third party unless the statute allows it.

Journal inspection is limited: generally only the secretary of state, a grand jury, a court order, or a law enforcement officer investigating a crime may compel production.

Errors in the journal are corrected by drawing a single line and initialing, leaving the original entry legible; never erase, white out, or remove a page.

Lost or stolen journals must be reported to the commissioning authority as the statute directs; record the report and keep a copy.

The notary commission is granted by the state (usually the secretary of state), and authority is limited to acts performed within that state's borders unless the statute provides otherwise.

The notary's term, application, bond, oath, and seal requirements are set by statute; acting after expiration, resignation, or revocation is a violation.

Notarial misconduct grounds typically include: false certificates, notarizing without personal appearance, failing to administer a required oath, improper ID, and failing to keep or produce the journal.

Penalties range from administrative discipline (reprimand, suspension, revocation, civil penalty) to criminal liability for forgery, false certification, or impersonation.

The notary must report a change of name or address within the statutory period and must surrender the commission or seal upon revocation or resignation if required.

A notary may charge only the fees authorized by statute; charging more, or charging for an act that was not performed, is a violation.

The seal or stamp must contain the statutory elements (name, commission status, and often the expiration date) and must be applied so the impression is legible.

Ignorance of the statutes is not a defense; the notary is charged with knowing the notarial law of the commissioning state.