NC Notary Notarial Acts and Legal Considerations 2 — Questions and Answers
Question 1: Under NC General Statutes Chapter 10B, which of the following is NOT a notarial act a North Carolina notary may perform?
- Acknowledgment
- Jurat
- Certifying a copy of a vital record (Correct answer)
- Oath or affirmation
Correct answer: Certifying a copy of a vital record
NC notaries cannot certify copies of vital records (birth, death, marriage certificates) — those are certified only by the register of deeds or vital records office. Acknowledgments, jurats, and oaths/affirmations are all valid notarial acts under NCGS Chapter 10B.
NC General Statutes §10B-40 lists the notarial acts a notary may perform: acknowledgments, jurats (verifications/proofs), oaths and affirmations, and certified copies of documents in the notary's custody. Vital records (birth, death, marriage certificates) are government documents issued by registrars — NC notaries are expressly prohibited from certifying copies of these. Doing so would be a prohibited act under §10B-60.
Question 2: A North Carolina notary is asked to perform a notarization on a document written entirely in Spanish. Under NC law, the notary should:
- Refuse because notarizations must be in English
- Proceed only if the notary reads Spanish
- Perform the notarial act if the signer understands the document (Correct answer)
- Require the document be translated first
Correct answer: Perform the notarial act if the signer understands the document
NC law does not require a document to be in English for a notarization. The notary's role is to verify the signer's identity and willingness — not to read or understand the document's content. The signer must understand the document.
Under NCGS Chapter 10B, a notary may notarize a document in any language as long as the notarial certificate is completed in English (or a language the notary understands). The notary verifies the signer's identity and that they are signing willingly and understand the document. The notary is not responsible for the document's content. However, the notarial certificate itself should be in English per NC SOS guidance.
Question 3: When performing a jurat in North Carolina, the notary must ensure the signer:
- Signs before the notary and swears or affirms the truthfulness of the document's contents (Correct answer)
- Merely acknowledges their signature was made voluntarily
- Has the document witnessed by two additional people
- Provides a government-issued ID only
Correct answer: Signs before the notary and swears or affirms the truthfulness of the document's contents
A jurat requires the signer to sign in the notary's presence AND swear or affirm under oath that the document's contents are true. This is distinct from an acknowledgment, where the signer only acknowledges their signature.
Under NCGS §10B-41, a jurat (also called a verification or proof) requires: (1) the document must be signed in the notary's presence, and (2) the signer must take an oath or affirmation swearing the contents are true. This is different from an acknowledgment, where the signer declares they signed willingly but does not swear to the document's truthfulness. Jurats are common on affidavits, depositions, and sworn statements.
Question 4: Under NC law, a notary who is named as a beneficiary in a will may:
- Notarize the will only if two disinterested witnesses are present
- Never notarize the will under any circumstances (Correct answer)
- Notarize the will with written consent from the testator
- Notarize the will if the signer is not related to the notary
Correct answer: Never notarize the will under any circumstances
A North Carolina notary is prohibited from notarizing a document in which the notary has a direct financial or beneficial interest. Being named as a beneficiary creates a disqualifying conflict of interest under NCGS §10B-20(b).
NCGS §10B-20(b) prohibits a notary from performing a notarial act if the notary is a party to or has a financial interest in the underlying transaction. Being named as a beneficiary in a will gives the notary a direct financial interest in that document. There are no exceptions — the notary must decline and refer the signer to another notary. This prohibition protects the integrity of notarial acts and prevents fraud.
Question 5: Which statement about oaths and affirmations in North Carolina is correct?
- An affirmation has no legal effect without a religious oath
- An affirmation is legally equivalent to an oath (Correct answer)
- Oaths require the signer to touch a Bible or religious text
- Affirmations are only allowed for notaries commissioned after 2010
Correct answer: An affirmation is legally equivalent to an oath
Under NC law, an affirmation is a solemn declaration made without reference to a deity or religious belief, and it is legally equivalent to an oath. Either one creates the same legal obligation.
NCGS §10B-3 defines an 'oath' as including an affirmation. An affirmation is a non-religious alternative for people whose beliefs prevent them from swearing an oath. Under NC law, both carry the same legal weight and the same penalties for perjury if a false statement is made. A notary must be prepared to administer either form at the signer's request without requiring an explanation.
Question 6: A North Carolina notary may certify a copy of which type of document?
- A birth certificate issued by the NC Department of Health
- A court judgment filed in the clerk's office
- A document that the notary personally prepared and retains in their custody (Correct answer)
- A marriage certificate issued by the register of deeds
Correct answer: A document that the notary personally prepared and retains in their custody
NC notaries may only certify copies of documents that are in the notary's own custody — typically documents the notary created or maintains. They cannot certify copies of government-issued records, court records, or documents held by other custodians.
Under NCGS §10B-40(d), a notary may certify a copy of a document if the document is in the notary's custody and is not a vital record, court record, or document that the law restricts from copying. This is a limited power. In practice, NC notaries rarely certify copies. For most government-issued documents, the issuing agency is the proper certifying authority. The NC SOS recommends notaries exercise caution with copy certifications.
NC Notary Notarial Acts and Legal Considerations 2
Under NC General Statutes Chapter 10B, which of the following is NOT a notarial act a North Carolina notary may perform?