NC Notary key terms

Any official act a notary is authorized by statute to perform, such as acknowledgments, jurats, oaths, affirmations, copy certifications, and signature witnessing.

A notarial certificate in which the signer declares to the notary, in person, that they signed the document voluntarily for its stated purpose.

A certificate in which the notary certifies that the signer personally appeared, swore or affirmed to the truth of the document's contents, and signed in the notary's presence.

A notarial act in which a signer swears to or affirms the truth of a statement, and the notary certifies that the oath or affirmation was administered.

A solemn promise to tell the truth or faithfully perform a duty, made with reference to a Supreme Being or in a form the signer considers binding.

A solemn promise equivalent to an oath but made without reference to a deity, used for signers who object to swearing on religious grounds.

The notary's act of formally putting the oath or affirmation to the signer and receiving the signer's spoken response before completing the certificate.

The written, signed statement attached to or printed on a document that describes the notarial act performed and identifies the notary, signer, date, and place.

The exact statutory language required for each type of notarial act; a notary must select wording that matches the act actually performed.

The stamp or embosser containing the notary's name and required statutory information, used to authenticate notarial certificates and journal entries.

The notary's signature exactly as it appears on the commission application and on file with the commissioning authority, used on every notarial certificate.

Any violation of notary law or rule, including improper certificates, false journal entries, unauthorized practice, or failure to identify signers, that may lead to discipline.

An action a notary may not perform, such as notarizing their own signature, a relative's document, or a document in which they have a beneficial interest.

A situation in which the notary has a personal, familial, or financial stake in the transaction that could compromise impartiality and disqualifies them from acting.

A direct or beneficial interest in a document or transaction that legally bars the notary from performing the notarial act on that document.

The requirement that the signer be physically present before the notary at the time of the act, in person or by authorized remote means where the law allows.

The identification standard a notary must meet, proven by a reliable identification document, a credible witness, or the notary's personal knowledge of the signer.

Familiarity with a signer gained through dealings sufficient to give the notary reasonable certainty of the signer's identity, without documentary proof.

A person who personally knows the signer and, in the notary's presence, swears to the signer's identity when documentary identification is unavailable.

A current government-issued photo identification, such as a driver's license or passport, that bears the signer's signature and a unique identifying number.

A notarial act performed using audio-video technology under statutory conditions, including identity proofing and recording or retention requirements.

The bound, sequential record in which a notary documents each notarial act performed, including date, signer, document type, identification, and fee.

The individual record of a single notarial act, completed at or near the time of the act and containing all statutorily required information.

The practice of numbering journal entries in unbroken order so that no entry can be removed or inserted without detection.

The notary's legal duty to safeguard the journal, retain it for the statutory period, and surrender it to the commissioning authority as required.

The statutory period during which a notary must keep journals and related records before lawful destruction or transfer to the state.

The notary's obligation not to disclose information learned through notarial acts except as authorized by law, court order, or the signer's consent.

The body of state law that creates the notary office, defines powers and duties, and sets qualifications, appointment procedures, and penalties.

Regulations adopted by the commissioning authority that implement the notary statutes and prescribe procedures, forms, and standards of conduct.

The official grant of authority to serve as a notary public for a fixed term within a specified jurisdiction, subject to renewal requirements.

The state official or agency, often the Secretary of State, that appoints notaries, issues commissions, investigates complaints, and enforces notary law.

A surety obligation some states require notaries to obtain as a condition of commissioning, providing limited protection for persons harmed by notarial misconduct.

Optional or required professional liability coverage that protects a notary against claims arising from negligent or improper notarial acts.

The cancellation of a notary's authority by the commissioning authority as a sanction for serious or repeated violations of notary law.

A civil sanction imposed by the commissioning authority, such as a fine, reprimand, suspension, or required training, for violations of notary statutes or rules.

Giving legal advice, drafting legal documents, or selecting documents for a signer when the notary is not licensed to practice law.

Intentional deception in a notarial act, such as false certification, forged seal, or backdating, which may carry criminal as well as administrative liability.