NC Notary Fees and Commission Changes 2 — Questions and Answers
Question 1: Under NCGS §10B-26, a NC notary charges $10 for each of three notarial acts on a single document. The total charge of $30 is:
- Excessive — the $10 cap applies to the entire document, not each act
- Permissible — the $10 cap applies per notarial act, not per document (Correct answer)
- Permissible only if the notary provides a written receipt
- Excessive — the cap is $5 per act for documents with multiple notarizations
Correct answer: Permissible — the $10 cap applies per notarial act, not per document
The $10 maximum fee under NCGS §10B-26 applies per notarial act, not per document. A document requiring three separate notarial acts (three notarized signatures) may lawfully generate up to $30 in notary fees.
NCGS §10B-26 states the maximum fee is $10 per notarial act. One notarial act = one notarized signature or oath. A single document may contain multiple notarial acts — for example, a real estate closing package may have the buyer, seller, and spouse each signing and acknowledging. Each acknowledgment is a separate notarial act for which the notary may charge up to $10. Charging $10 per act is legal; charging more than $10 for any single act is a violation.
Question 2: A NC employer pays their notary-employee a salary and directs them to notarize documents as part of their job. In this situation, the notary employee:
- May charge clients the standard $10 fee on top of their salary
- Should not separately charge notary fees since notarizations are part of their employment duties (Correct answer)
- Must charge fees and remit them to the employer
- Is prohibited from notarizing documents as an employee
Correct answer: Should not separately charge notary fees since notarizations are part of their employment duties
When a notary-employee performs notarizations as part of their regular employment duties and receives a salary that compensates them for those duties, they should not also charge separate notary fees to clients. The employer's payment covers the notarial services.
NCGS §10B-26 addresses the employer-notary relationship. When an employer designates an employee as the office notary and includes notarial duties in the job description (and presumably compensates accordingly), charging separate notary fees to clients would constitute double-billing. The NC SOS guidance indicates that if the employer is compensating the notary for providing notarial services, it would be improper to also charge the customer. However, if the notary performs notarizations outside their employment scope, they may charge the statutory fee.
Question 3: A NC notary wants to increase their fee from $10 to $15 per notarial act because of rising costs. Under NCGS Chapter 10B, the notary:
- May do so by filing a fee schedule with the NC SOS
- Cannot charge more than $10 per notarial act regardless of circumstances (Correct answer)
- May do so with the county register of deeds' approval
- May do so if the client agrees in writing beforehand
Correct answer: Cannot charge more than $10 per notarial act regardless of circumstances
NCGS §10B-26 sets an absolute maximum of $10 per notarial act. This cap cannot be increased by filing a fee schedule, getting approval from any office, or obtaining client consent. $10 is the statutory maximum.
The fee cap established by NCGS §10B-26 is a statutory maximum that cannot be waived, exceeded by agreement, or changed by any administrative process other than legislative amendment. No matter what costs a notary incurs or what a client agrees to pay, the notary may not charge more than $10 per notarial act. Charging excess fees is a violation of Chapter 10B and can result in disciplinary action against the notary's commission. The notary may charge less than $10 or provide free notarizations.
Question 4: When a NC notary changes their name, which of the following correctly describes what must be updated?
- Only the NC SOS application on file
- Commission name, official seal, signature, and NC SOS records must all be updated (Correct answer)
- Only the county register of deeds record
- Nothing — name changes do not affect the notary commission
Correct answer: Commission name, official seal, signature, and NC SOS records must all be updated
A legal name change requires a notary to update multiple records and materials: notify the NC SOS, obtain a new commission certificate in the new name, update or replace the official seal, and update their official signature.
Under NCGS §10B-14, a notary who changes their legal name must: (1) notify the NC SOS within 45 days, (2) apply for a new commission reflecting the new name, (3) obtain a new official seal with the new name, and (4) update their official signature. Until a new commission is issued, they may use a transitional signature. Using a seal that does not match the current commission name creates questions about the validity of notarizations. The county register of deeds also maintains records that should be updated.
Question 5: Under NCGS Chapter 10B, when a NC notary resigns their commission, they must:
- File a resignation notice with the county sheriff
- Notify the NC SOS in writing and surrender their commission certificate (Correct answer)
- Simply stop performing notarial acts without further action
- Post a public notice in the local newspaper
Correct answer: Notify the NC SOS in writing and surrender their commission certificate
A NC notary who voluntarily resigns their commission must notify the NC Secretary of State in writing and surrender their commission certificate. This formally terminates the commission and removes the notary from active records.
Under NCGS §10B-15, a notary who wishes to resign their commission must submit written notice of resignation to the NC Secretary of State and return the commission certificate. The notary should also stop performing notarial acts, destroy or surrender their official seal, and notify their employer if applicable. Simply ceasing to perform notarial acts without formally resigning leaves the commission technically active and could create confusion or opportunities for misuse.
Question 6: A NC notary's commission is revoked by the NC SOS. How long must the former notary wait before applying for a new commission?
- 1 year
- 3 years
- 5 years
- 10 years (Correct answer)
Correct answer: 10 years
Under NCGS §10B-5, an applicant whose previous commission was revoked for cause within the past 10 years is disqualified from receiving a new commission. The former notary must wait 10 years from the date of revocation.
NCGS §10B-5(d)(3) disqualifies any person whose notary commission was revoked within the previous 10 years. This 10-year bar applies to revocations 'for cause' — meaning the commission was revoked because of misconduct, not for administrative reasons. This substantial waiting period reflects the seriousness with which NC treats notarial misconduct. After 10 years, the former notary may apply for a new commission and must meet all current qualifications, including completing the required training.
NC Notary Fees and Commission Changes 2
Under NCGS §10B-26, a NC notary charges $10 for each of three notarial acts on a single document.
The total charge of $30 is: