NC Notary flashcards

31 cards. Read the term and the definition here. The deck at the top of this page is optional.

Personal appearance requirement

The signer must be physically before the notary, visible and audible, at the moment of the act. Acts performed for absent signers are void, unless remote online notarization is expressly authorized by statute.

Satisfactory evidence of identity

Proof of identity accepted by law, usually personal knowledge of the signer or a current government-issued photo ID containing the signer's photograph, signature, and a serial or identification number.

Personal knowledge standard

Familiarity with the signer gained through sufficient dealings over time that the notary has no reasonable doubt about identity. A single introduction or one prior meeting is generally insufficient.

Credible identifying witness

A person who personally knows the signer, appears before the notary, takes an oath attesting to the signer's identity, and is recorded in the journal, used only where the statute permits.

Expired ID rule

An expired identification document is generally not satisfactory evidence. The notary must examine a current, unexpired credential, and may refuse the act if no acceptable ID is presented.

ID comparison steps

Compare the photograph, physical description, and signature on the credential to the person present. Note discrepancies, and decline the act if identity remains uncertain after comparison.

Refusal to perform act

A notary may decline any notarial act and must refuse when identity is unproven, the signer appears coerced or confused, or the requested act is unlawful or outside the notary's authority.

No legal advice rule

A notary may not explain legal effects, choose a document for the signer, or draft legal text. The notary certifies identity and the act, not the document's legal sufficiency.

Voluntariness screening

The notary observes and questions the signer to confirm the signer acts freely and understands the act. Signs of duress, confusion, or undue influence require refusal or delay.

Conflict of interest bar

A notary may not perform an act in a transaction in which the notary has a direct financial or beneficial interest, and often may not notarize for close family members.

Notary as public officer

The notary holds a public office and owes duties to the integrity of the act and the public, not to an employer, lender, or hiring party who pays the notary's fee.

Certificate completion timing

The notarial certificate is completed at the time of the act, in the signer's presence. Pre-signed, pre-dated, or later-completed certificates are improper and can void the act.

Oath versus affirmation

An oath invokes a deity as witness; an affirmation is a solemn promise without religious reference. Both are legally equivalent, and the notary must administer whichever the signer prefers.

Signature by proxy

When a signer cannot sign, another person may sign at the signer's direction only if the statute allows it, and the certificate must state that the signature was made at the signer's direction.

Journal entry timing

Each notarial act is recorded in the journal at the time it is performed. Later reconstruction from memory is unreliable and may itself violate the notarial statute.

Journal required fields

Typical entries include date and time, act type, document title, signer's name and address, identification method and ID details, fee charged, and the notary's signature.

Thumbprint requirement

Where required by statute, the notary takes the signer's thumbprint in the journal, commonly when the signer is not personally known or is identified through a credible witness.

Journal ownership and retention

The journal is the notary's property and responsibility, not the employer's, and must be kept for the statutory period after the commission expires or the notary resigns.

Journal confidentiality limits

Journal access is restricted; generally only the commissioning authority, a grand jury, a court order, or law enforcement investigating a crime may compel inspection or production of a copy.

Correcting a journal error

Draw a single line through the error and initial it, leaving the original text legible. Never erase, use correction fluid, or remove a journal page.

Lost or stolen journal

The notary must report a lost or stolen journal to the commissioning authority as the statute directs, and should keep a copy of the report for the notary's records.

Journal prohibited content

The journal records the act, not the document. The notary should not copy the document's full contents or disclose journal information except as the statute permits.

Geographic limits of authority

A notary's commission authorizes acts within the commissioning state's borders, unless a specific statute extends authority, such as for certain federal or military-related documents.

Commission term and expiration

The notary's authority lasts only for the statutory term. Performing acts after expiration, resignation, or revocation is unauthorized and subjects the notary to discipline.

Grounds for discipline

Common grounds include false certificates, notarizing without personal appearance, skipping a required oath, improper identification, and failing to keep or produce the journal.

Range of penalties

Sanctions include reprimand, suspension, revocation, and civil penalties, plus criminal liability for forgery, false certification, or impersonation of a notary.

Authorized fees only

A notary may charge only the fees set by statute and only for acts actually performed. Overcharging or billing for an act not performed is a violation of notarial law.

Seal content requirements

The stamp must contain the statutory elements, typically the notary's name, commission status, and expiration date, and must be applied so the impression is legible on the document.

Change of name or address

The notary must report a legal name change or address change to the commissioning authority within the statutory period, and may need a new seal reflecting the new name.

Surrender on revocation

When a commission is revoked or the notary resigns, the statute may require surrender of the commission certificate or seal to the commissioning authority.

Knowledge of notarial law

The notary is presumed to know the notarial statutes and rules of the commissioning state. Ignorance of those requirements is not a defense to a disciplinary charge.