NC Notary Performing Notarial Acts 2 — Questions and Answers
Question 1: Before performing a notarial act, a NC notary must ensure the principal:
- Has had the document reviewed by an attorney
- Appears in person before the notary (for traditional notarizations) (Correct answer)
- Has the document signed by two witnesses first
- Provides two forms of government-issued ID
Correct answer: Appears in person before the notary (for traditional notarizations)
For traditional NC notarizations, the principal must appear in person before the notary. This personal appearance is the foundation of the notarial act — the notary verifies the signer's identity and witnesses the acknowledgment or signing.
NCGS §10B-3(16) defines 'personal appearance' as physical presence before the notary. For traditional notarizations under Chapter 10B, the principal must be physically present — audio-only telephone appearances and advance-signed documents without later appearance do not satisfy this requirement (for jurats). The personal appearance requirement allows the notary to examine the ID, observe the signer's demeanor, and administer any required oath. Only remote online notarizations (requiring electronic notary commission) allow exceptions to personal presence.
Question 2: A NC notary is in the middle of performing a notarization when they realize the signer appears to be intoxicated. The notary should:
- Complete the notarization and note the intoxication in the journal
- Stop and refuse the notarization until the signer is sober (Correct answer)
- Ask the signer to return when sober and complete the certificate in advance
- Proceed at a reduced fee to compensate for the inconvenience
Correct answer: Stop and refuse the notarization until the signer is sober
A NC notary must refuse to notarize if the principal does not appear to understand the transaction or appears incapacitated. An intoxicated signer may not be able to understand what they are signing, which undermines the validity of the notarial act.
NCGS §10B-20 requires a notary to refuse if the principal does not appear to be aware of the nature of the transaction or appears to be acting under duress or incapacity. Significant intoxication impairs a person's ability to understand a transaction — notarizing such a person's signature could result in a legally void act (signers must have capacity to contract). The notary should politely decline, suggest the signer return when sober, and not prepare the certificate in advance. This protects both the signer and the notary.
Question 3: Under NC law, a notary administering an oath must require the affiant to:
- Read the entire document aloud before swearing
- Raise their right hand and verbally swear or affirm to the truthfulness of the statement (Correct answer)
- Sign the document in front of two witnesses first
- Have the oath recorded by a court reporter
Correct answer: Raise their right hand and verbally swear or affirm to the truthfulness of the statement
When administering an oath, the notary should have the affiant raise their right hand (traditional form) and verbally swear or affirm that the statements in the document are true. The verbal declaration is essential — a nod or head shake is insufficient.
Under NC law and standard oath procedure, administering an oath involves: (1) having the affiant raise their right hand (traditional, not legally mandated but standard practice), and (2) asking them to swear (or affirm) that the document's contents are true, to which they respond 'I do' or 'I swear' (or 'I affirm' for an affirmation). A mumbled or nodded response may be insufficient — the notary should ensure a clear verbal response. Reading the document aloud, witnesses, and court reporters are not required for a standard notary-administered oath.
Question 4: A NC notary is presented with a document in English for a signer who only speaks Mandarin. The notary should:
- Proceed if an interpreter is present to assist the signer understand the document (Correct answer)
- Refuse to notarize because the signer cannot read English
- Translate the document into Mandarin before notarizing
- Proceed without concern since the notary's role is not to ensure document comprehension
Correct answer: Proceed if an interpreter is present to assist the signer understand the document
If an interpreter assists a non-English-speaking signer in understanding the document, the notary may proceed if satisfied the signer understands and is signing willingly. The notary must ensure the signer appears to understand what they are signing.
NC law requires the notary to satisfy themselves that the signer understands the transaction. A competent interpreter who translates for the signer can meet this requirement. The notary should ensure the interpreter is neutral (not a party to or beneficiary of the document) and capable of accurate translation. Some notaries decline to notarize when an interpreter is needed due to liability concerns — this is a judgment call. The notary's role is not to read or translate the document but to verify understanding and willingness to sign. The notarial certificate should be in English.
Question 5: Under NCGS Chapter 10B, a notary who is asked to perform a notarial act but has personal knowledge that the signer's stated identity is false must:
- Proceed if the ID documents appear genuine
- Refuse to perform the notarization regardless of how genuine the ID appears (Correct answer)
- Report the fraud only to local law enforcement, not the NC SOS
- Complete the notarization but note the discrepancy in the journal
Correct answer: Refuse to perform the notarization regardless of how genuine the ID appears
If a notary has personal knowledge that the signer is misrepresenting their identity — regardless of what the ID documents show — the notary must refuse to perform the notarization. Personal knowledge of fraud overrides any documentary evidence.
NCGS §10B-20 and §10B-60 establish that a notary must not knowingly perform a false notarization. If the notary has personal knowledge that the person claiming to be 'John Smith' is actually someone else — regardless of what the presented ID says — the notary must refuse. Proceeding with knowledge of the fraud would make the notary a knowing participant in identity fraud, which is a criminal violation under §10B-60(i). The notary should also consider reporting the attempted fraud to law enforcement and the NC SOS.
Question 6: Under NCGS Chapter 10B, which of the following correctly describes the 'two-step' identity verification process for NC notarizations?
- The signer must present two separate government IDs before every notarization
- The notary may verify identity through either personal knowledge OR satisfactory documentary evidence (Correct answer)
- The notary must verify identity with a government ID and then call a verification hotline
- Two independent witnesses must vouch for the signer's identity
Correct answer: The notary may verify identity through either personal knowledge OR satisfactory documentary evidence
Under NCGS §10B-3, a notary may verify a signer's identity through one of two methods: (1) personal knowledge — the notary personally knows the signer, or (2) satisfactory evidence — a current government-issued photo ID. Both methods are acceptable alternatives, not requirements that must both be satisfied.
NCGS §10B-3(22) defines satisfactory evidence of identity and also recognizes personal knowledge as sufficient. The notary does not need to require an ID from someone they personally and reliably know. Similarly, a stranger can be notarized based on a valid government-issued photo ID without the notary knowing them. The notary chooses whichever method is available and appropriate. Using two forms of ID is not required (though it provides additional assurance). A sworn credible witness (credible identifying witness) is a third option when neither personal knowledge nor acceptable ID is available.
NC Notary Performing Notarial Acts 2
Before performing a notarial act, a NC notary must ensure the principal: