NC Notary Notarial Certificates 2 — Questions and Answers

Question 1: A NC notarial certificate for an acknowledgment must state the name of the:

Attorney who drafted the document
Principal who signed the document (Correct answer)
Beneficiary of the document
Witness to the signing

Correct answer: Principal who signed the document

An acknowledgment certificate must identify the principal — the person who appeared before the notary and acknowledged signing the document. This is essential for connecting the certificate to the person whose act is being authenticated.

Under NCGS §10B-41(a) and the prescribed certificate forms in §10B-43, an acknowledgment certificate must state: the venue, the date, the name of the principal, that the principal appeared before the notary, that the notary verified the principal's identity, and that the principal acknowledged making the signature as their free act. The notary's name, signature, title, commission number, and expiration date are also required. The certificate creates a record that a specific named person acknowledged their signature before the notary.

Question 2: Under NCGS Chapter 10B, the venue on a notarial certificate refers to:

The address of the building where the notarization took place
The state and county where the notarization took place (Correct answer)
The court jurisdiction where the document will be filed
The notary's home county

Correct answer: The state and county where the notarization took place

The venue on a notarial certificate identifies the state and county where the notarization took place. It appears at the top of the certificate as 'State of North Carolina, County of ___.'

The venue on a notarial certificate is the statement at the beginning identifying the state and county where the notarization occurred: 'State of North Carolina, County of ____.' This is a required element under NCGS §10B-37. The venue establishes which state's and county's law governed the act, which is important when the document is used in other jurisdictions or recorded. The venue should reflect where the notary was physically located at the time of the notarization, not the notary's home county if they traveled.

Question 3: A NC notarial certificate that uses the phrase 'subscribed and sworn to before me' is most appropriate for which type of notarial act?

Acknowledgment
Jurat (Correct answer)
Certified copy
Protest

Correct answer: Jurat

'Subscribed and sworn to before me' is classic jurat language. 'Subscribed' means signed before the notary and 'sworn' refers to the oath administered by the notary. This phrase confirms both required elements of a jurat.

The phrase 'subscribed and sworn to (or affirmed) before me' is the traditional language used in jurat certificates. 'Subscribed' means the document was signed in the notary's presence (subscribed before the notary), and 'sworn to' confirms that an oath or affirmation was administered. This language appears at the end of affidavits, depositions, and other sworn statements. Acknowledgment certificates use language like 'appeared before me and acknowledged that they signed...' rather than sworn/subscribed language.

Question 4: Under NC law, may a notary complete a 'blank' notarial certificate that does not yet have a document attached?

Yes — pre-signing certificates saves time in busy offices
No — the certificate must be attached to or part of the document being notarized (Correct answer)
Yes — if the signer provides written consent
Yes — but only for acknowledgments, not jurats

Correct answer: No — the certificate must be attached to or part of the document being notarized

A NC notary may not complete a notarial certificate that is not attached to a document or has blank spaces that will be filled in later. Pre-signing certificates or signing certificates for non-existent documents is a prohibited act.

Under NCGS §10B-60, it is a prohibited act for a notary to execute a certificate containing information known to be false or to certify a blank or incomplete notarial certificate. A notarial certificate must be attached to a specific document and completed at the time of the notarization. Pre-signing blank certificates creates serious fraud risks — the certificate could be attached to any document after the fact. This practice is a ground for commission revocation and potentially criminal liability.

Question 5: A document presented to a NC notary has a pre-printed notarial certificate that incorrectly states the county. The notary should:

Use the pre-printed certificate as-is to avoid altering the document
Cross out the incorrect county and write in the correct county before signing (Correct answer)
Refuse to notarize since the certificate cannot be altered
Attach a separate correct certificate and leave the pre-printed one blank

Correct answer: Cross out the incorrect county and write in the correct county before signing

The notary must ensure the certificate accurately reflects the notarization. If the pre-printed county is wrong, the notary should correct it (cross out and initial, or use a separate certificate) to ensure the venue accurately states where the notarization occurred.

The notarial certificate must accurately reflect the facts of the notarization. Under NCGS §10B-37, the venue must state where the notarial act actually occurred. If the pre-printed certificate contains a wrong county, the notary should cross it out, write the correct county, and initial the correction. Alternatively, the notary can attach a separate, correct certificate. Using a certificate with known errors is improper and could make the notarization defective. The notary must never sign a certificate they know contains false or incorrect information.

Question 6: Under NCGS Chapter 10B, which of the following is a required element on the notary's official seal that must also appear on the notarial certificate?

The notary's date of birth
The notary's commission expiration date (Correct answer)
The notary's bond amount
The county where the bond was filed

Correct answer: The notary's commission expiration date

Both the notary's official seal and the notarial certificate must include the commission expiration date. This allows anyone reviewing the document to verify that the notary was validly commissioned at the time of the notarization.

NCGS §10B-37 requires the notarial certificate to include the notary's commission expiration date, and §10B-36 requires the official seal to contain the commission expiration date. Together, these requirements ensure that anyone examining a notarized document can determine whether the notary held a valid commission at the time. The expiration date is a critical verification tool — a document notarized after the commission's expiration is void, and the expiration date on the certificate and seal makes this discoverable.

NC Notary Notarial Certificates 2

A NC notarial certificate for an acknowledgment must state the name of the: