NC Notary Notary Public Laws and Regulations 2 — Questions and Answers

Question 1: Under NCGS Chapter 10B, a North Carolina notary's commission term lasts:

2 years
4 years
5 years (Correct answer)
10 years

Correct answer: 5 years

A North Carolina notary commission lasts 5 years from the date of commissioning. To continue acting as a notary after that, the notary must apply for a new commission before the current one expires.

Under NCGS §10B-9, a notary commission in North Carolina is valid for five years. The commission begins on the effective date stated in the commission certificate. After five years, the commission expires and the notary may no longer perform notarial acts. To renew, the notary must submit a new application and meet all current requirements. The NC Secretary of State's office processes all notary commissions.

Question 2: Which state agency is responsible for commissioning North Carolina notaries?

NC Department of Justice
NC Secretary of State (Correct answer)
NC Department of Revenue
County Clerk of Superior Court

Correct answer: NC Secretary of State

The North Carolina Secretary of State is responsible for commissioning notaries public under NCGS Chapter 10B. The NC SOS Notary Public Section processes applications, issues commissions, and maintains notary records.

NCGS §10B-5 designates the NC Secretary of State as the commissioning authority for notaries public. The Notary Public Section of the NC SOS processes applications, verifies qualifications, issues commission certificates, and maintains public records of notary commissions. The public can verify a notary's commission status on the NC SOS website. County registers of deeds maintain local records of notary bonds and oaths.

Question 3: A North Carolina notary who changes their county of residence must:

Apply for a new commission immediately
Notify the NC SOS within 30 days and re-file an oath and bond in the new county (Correct answer)
Do nothing — the commission is statewide and no update is required
Cease performing notarial acts until a new commission is issued

Correct answer: Notify the NC SOS within 30 days and re-file an oath and bond in the new county

When a NC notary moves to a different county, they must notify the NC SOS within 30 days of the move and file a new oath and bond in their new county of residence. The existing commission remains valid throughout NC.

Under NCGS §10B-14, if a notary changes their county of residence, they must: (1) notify the NC Secretary of State within 30 days of the change, and (2) file a new oath and bond with the register of deeds in the new county. The notary's commission itself does not change — it remains valid statewide. Failure to update county records within the required time could affect the notary's ability to perform valid notarial acts in the new county.

Question 4: Under NCGS Chapter 10B, a North Carolina notary commission is valid:

Only in the county where the notary's oath was filed
Statewide, in all 100 counties of North Carolina (Correct answer)
Only for transactions involving North Carolina residents
Only within 50 miles of the notary's registered address

Correct answer: Statewide, in all 100 counties of North Carolina

A North Carolina notary commission is valid statewide. The notary may perform notarial acts anywhere within the borders of North Carolina, regardless of which county their oath was filed in.

NCGS §10B-20 establishes that a commissioned NC notary has authority to perform notarial acts throughout the state of North Carolina. There is no geographic restriction by county. The county filing of the oath and bond is an administrative requirement, not a geographic limitation. A notary commissioned while residing in Mecklenburg County may notarize documents in Wake County, Buncombe County, or any other county in North Carolina.

Question 5: Which of the following is a required qualification to become a North Carolina notary public?

Be a licensed attorney in North Carolina
Be at least 18 years old and a resident of North Carolina (Correct answer)
Hold a four-year college degree
Be a US citizen for at least 10 years

Correct answer: Be at least 18 years old and a resident of North Carolina

Under NCGS §10B-5, to be commissioned as a NC notary, an applicant must be at least 18 years of age and a resident of North Carolina. No law degree or college degree is required, and US citizenship is not required (lawful permanent residents may apply).

NCGS §10B-5 lists the qualifications for a NC notary commission: (1) be at least 18 years old, (2) be a legal resident of NC or a non-resident who is regularly employed in NC, (3) be able to read and write English, (4) not have had a commission revoked in the past 10 years for cause, and (5) not have been convicted of a felony unless civil rights have been restored. A law degree or US citizenship is not required. Non-citizen lawful permanent residents may be commissioned.

Question 6: A NC notary's commission bond is required in the amount of:

$500
$5,000
$10,000 (Correct answer)
$50,000

Correct answer: $10,000

Under NCGS §10B-8, a North Carolina notary must file a surety bond of $10,000 with the register of deeds in their county. This bond protects the public from notarial misconduct.

NCGS §10B-8(a) requires every NC notary to obtain and file a surety bond in the amount of $10,000 with the register of deeds in the county where the notary resides or is regularly employed. The bond must be executed by a licensed surety company and must remain in force for the full 5-year term. The bond protects members of the public who suffer financial harm due to a notary's misconduct. Filing the bond is a condition of receiving the commission.

NC Notary Notary Public Laws and Regulations 2

Under NCGS Chapter 10B, a North Carolina notary's commission term lasts: