NC Notary Notary Public Responsibilities and Eligibility 2 — Questions and Answers

Question 1: Which of the following would DISQUALIFY a person from becoming a North Carolina notary?

Being 19 years old
Being a lawful permanent resident of NC
Having a felony conviction with civil rights NOT restored (Correct answer)
Moving to NC from another state 6 months ago

Correct answer: Having a felony conviction with civil rights NOT restored

Under NCGS §10B-5, an applicant is disqualified from becoming a NC notary if they have been convicted of a felony and their civil rights have NOT been restored. If civil rights have been restored (e.g., by a governor's pardon), the person may apply.

NCGS §10B-5(d) disqualifies an applicant if they have been convicted of a felony and their civil rights have not been restored. Civil rights restoration in NC can occur through a pardon or expiration of the felony sentence's conditions. A misdemeanor conviction generally does not disqualify an applicant unless it directly relates to notarial duties. Age 19 meets the minimum age requirement of 18, lawful permanent residency is acceptable, and recent state relocation is fine as long as the person is now a NC resident.

Question 2: A North Carolina notary must complete approved training before receiving their first commission. This training must be provided by:

Any licensed attorney in NC
An institution approved by the NC Secretary of State (Correct answer)
The county register of deeds
The NC Bar Association

Correct answer: An institution approved by the NC Secretary of State

Under NCGS §10B-5, a new NC notary applicant must complete a course of instruction from an institution approved by the NC Secretary of State. The SOS maintains a list of approved education providers.

NCGS §10B-5(a)(5) requires first-time notary applicants to successfully complete a course of study approved by the NC Secretary of State. The course covers NC notary law, procedures, and ethics. The NC SOS approves and publishes a list of authorized education providers including community colleges, private vendors, and professional associations. The course must be completed before submitting the notary application. Renewal applicants may also be required to complete continuing education.

Question 3: Under NC law, a notary who is commissioned in NC but moves to another state:

May continue using their NC commission for up to 1 year
Automatically loses their NC commission upon establishing residence in another state (Correct answer)
May transfer their commission to the new state
Must apply for a dual commission in both states

Correct answer: Automatically loses their NC commission upon establishing residence in another state

Under NCGS §10B-20, a NC notary commission requires the notary to maintain NC residency or regular employment in NC. Moving one's residence to another state without maintaining NC employment results in automatic loss of the NC commission.

NCGS §10B-5(a)(2) requires a notary to be a resident of NC or a non-resident regularly employed in NC. If a notary moves their primary residence to another state and has no regular employment in NC, they no longer meet the residency/employment requirement and their NC commission automatically terminates. They must notify the NC SOS. NC commissions are non-transferable to other states — each state has its own commissioning requirements.

Question 4: A NC notary must keep their notary journal for at least how long after the last entry?

1 year
3 years
5 years (Correct answer)
7 years

Correct answer: 5 years

Under NCGS Chapter 10B, NC notaries who maintain a journal must retain it for at least 5 years after the last entry. This applies to notaries who opt to keep a journal or are required to by their employer.

While NC law does not require most notaries to keep a journal (it is strongly recommended), NCGS §10B-130 requires electronic notaries to keep records. For notaries who keep a journal, the NC SOS guidance recommends retaining it for at least 5 years after the final entry. The journal serves as a record of notarial acts that can be used to verify authenticity and defend against claims of fraud. Some employers require notary journals as a workplace policy.

Question 5: Under NCGS Chapter 10B, a notary's official signature must be:

A rubber stamp reproduction of their name
Their legal signature as used on the notary application (Correct answer)
A digital image uploaded to the SOS database
Any legible signature they choose at the time of notarization

Correct answer: Their legal signature as used on the notary application

A NC notary's official signature must be the same legal signature they submitted on their notary application. Using a different signature on notarial certificates could create questions about the notarization's validity.

Under NCGS §10B-37, the notary must sign each notarial certificate with their official signature — the same signature they use on the notary application and commission. The notary cannot use a nickname, initials only, or a different style of signature for official notarial acts. If the notary's legal signature changes (e.g., after a name change), they should notify the NC SOS and update their commission records. The official signature is part of the authentication of the notarial act.

Question 6: When a NC notary changes their name (e.g., due to marriage), they must:

Immediately stop performing notarial acts until a new commission is issued
Notify the NC SOS and obtain a new commission reflecting the new name (Correct answer)
Continue using the old commission name since the commission is still valid
File a name change form with the county register of deeds only

Correct answer: Notify the NC SOS and obtain a new commission reflecting the new name

When a NC notary legally changes their name, they must notify the NC SOS and apply for a new commission in their new name. They may continue performing notarizations under their old name until the new commission arrives, using a transitional signature.

Under NCGS §10B-14, a notary who changes their name must notify the NC Secretary of State within 45 days and may apply for a new commission under the new name. During the transition period, the notary should use their old commission name OR sign with the new name and add 'formerly known as [old name].' The notary must also update their seal to reflect the new name once a new commission is issued. Continuing to use the old name indefinitely after a legal name change is not proper.

NC Notary Notary Public Responsibilities and Eligibility 2

Which of the following would DISQUALIFY a person from becoming a North Carolina notary?