NC Notary Official Seal and Journal 2 — Questions and Answers
Question 1: Under NCGS Chapter 10B, a NC notary's official seal must contain which of the following?
- The notary's home address and phone number
- The notary's name, the words 'Notary Public,' the state 'North Carolina,' and the commission expiration date (Correct answer)
- The notary's Social Security number and bond amount
- The county register of deeds' certification number
Correct answer: The notary's name, the words 'Notary Public,' the state 'North Carolina,' and the commission expiration date
Under NCGS §10B-36, the required elements of a NC notary's official seal are: the notary's name, the words 'Notary Public,' 'North Carolina,' and the commission expiration date. Personal information like home address or SSN is not included.
NCGS §10B-36 specifies the required components of a NC notary seal: (1) the notary's name exactly as commissioned, (2) the words 'Notary Public,' (3) 'North Carolina,' and (4) the commission expiration date. Some seals also include the commission number. Home addresses, SSNs, and bond information are not included on the seal — these would compromise the notary's privacy and are not legally required. The seal authenticates the certificate; its required elements must be legible and complete.
Question 2: Under NC law, what happens to a NC notary's official seal and journal when the commission expires?
- They automatically become property of the NC Secretary of State
- The notary should disable or destroy the seal to prevent unauthorized use (Correct answer)
- They may be transferred to a successor notary at the same employer
- They may be kept as professional mementos without restriction
Correct answer: The notary should disable or destroy the seal to prevent unauthorized use
When a NC notary's commission expires, the notary should disable or destroy the official seal to prevent its unauthorized use. Using a seal after commission expiration — or allowing others to use it — is improper.
The NC SOS guidance recommends that upon expiration or termination of a notary commission, the notary should destroy or permanently disable the official seal to prevent unauthorized use. The seal does not become government property — but it also cannot be reused by the same notary under a new commission (a new seal must be obtained for the new commission). It cannot be transferred to another person. An expired notary's seal in active use is a red flag for fraud. Journals may be retained for the record-keeping period.
Question 3: A NC notary's seal impression on a document is partially illegible. Under NCGS Chapter 10B, this:
- Automatically voids the notarization
- Is a technical defect that may or may not void the notarization depending on whether substantial compliance is met (Correct answer)
- Is acceptable as long as the commission expiration date is readable
- Requires the notary to re-notarize the document immediately
Correct answer: Is a technical defect that may or may not void the notarization depending on whether substantial compliance is met
A partially illegible seal impression is a technical defect. Under the substantial compliance doctrine of NCGS §10B-68, if the defect is minor and the certificate otherwise clearly establishes the notarization, the document may still be valid.
NCGS §10B-68 provides that a notarization substantially complying with Chapter 10B requirements is not invalidated solely by a technical irregularity. A partially illegible seal impression — where, for example, the name is clear but part of the date is smudged — is a technical defect that may not void the notarization if all other certificate elements are complete and clear. However, if the seal impression is so poor that required elements cannot be read, the notarization may be defective. Notaries should always check their seal impression before releasing the document.
Question 4: Under NC law, which type of notary is REQUIRED to maintain a journal of notarial acts?
- All NC notaries must maintain a journal
- Only electronic notaries are required to maintain a journal under NCGS Chapter 10B (Correct answer)
- Only notaries who perform more than 50 notarizations per month
- Only notaries who work for government agencies
Correct answer: Only electronic notaries are required to maintain a journal under NCGS Chapter 10B
Under NCGS §10B-130, electronic notaries are required to maintain an electronic journal. Traditional notaries are not required by statute to maintain a journal, though it is strongly recommended as best practice.
NCGS Article 2 of Chapter 10B (electronic notaries) requires electronic notaries to maintain a detailed electronic journal of all notarial acts under §10B-130. For traditional ink-and-paper notaries, NC law does not mandate a journal — it is recommended as best practice but not required. Many employers and professional organizations strongly encourage traditional notaries to keep journals as a protection against fraud claims and to verify past notarizations. Some jurisdictions that accept NC notarizations may require journal evidence for challenged documents.
Question 5: A NC notary purchases a new seal after renewing their commission. The new seal shows an expiration date 6 months later than the actual commission expiration. The notary should:
- Use the seal since close enough is acceptable
- Return the seal for correction — the seal must match the actual commission expiration date (Correct answer)
- Use white-out to correct the date on every seal impression
- Notify the NC SOS and use the old expired seal until corrected
Correct answer: Return the seal for correction — the seal must match the actual commission expiration date
The official seal must accurately reflect the notary's actual commission expiration date. Using a seal with an incorrect date — even if the error is the seal vendor's mistake — could compromise the notarization and should be corrected immediately.
Under NCGS §10B-36, the seal must contain the commission expiration date. If the seal vendor provides a seal with an incorrect date, the notary must not use it and should return it for correction immediately. Using a seal with a wrong date creates a false record and could affect the validity of notarizations performed. The notary should contact the vendor, request a corrected seal, and refrain from using the incorrect seal. In the interim, the notary should use their previous correct seal if it remains valid, or delay notarizations if the old seal has expired.
Question 6: Under NCGS Chapter 10B, an electronic notary's journal entry must include which of the following?
- The principal's Social Security number and bank account information
- The type of notarial act, date, principal's name, and method of identity verification (Correct answer)
- Only the type of notarial act and the fee charged
- The full text of the document that was notarized
Correct answer: The type of notarial act, date, principal's name, and method of identity verification
Under NCGS §10B-130, each electronic journal entry must include: the type and date of the notarial act, the name and address of the principal, the type of identification used to verify the principal's identity, and any fee charged.
NCGS §10B-130 specifies the required contents of each electronic notary journal entry: (1) the date and time of the notarial act, (2) the type of notarial act performed, (3) the name and address of each principal, (4) the type of satisfactory evidence of identity used, (5) the fee charged, if any, and (6) for RON, confirmation that the audio-video session was recorded. Sensitive personal information like SSNs and financial account numbers should never be in the journal — only what is legally required. The journal does not contain the full document text.
NC Notary Official Seal and Journal 2
Under NCGS Chapter 10B, a NC notary's official seal must contain which of the following?