NC Notary Qualifications and Commission 2 — Questions and Answers

Question 1: Under NCGS §10B-5, a non-resident applicant may be commissioned as a NC notary if they:

Own property in North Carolina
Are regularly employed in North Carolina (Correct answer)
Have a NC driver's license even though they live in another state
Have a family member who is a NC resident

Correct answer: Are regularly employed in North Carolina

Under NCGS §10B-5(a)(2), a non-resident may be commissioned as a NC notary if they are regularly employed in North Carolina. This accommodates people who work in NC but live just across the state border.

NCGS §10B-5(a)(2) requires the notary applicant to be a resident of NC or a non-resident who is regularly employed in NC. 'Regularly employed' generally means having a fixed or routine work location in NC — not occasional or temporary work. This provision benefits people who commute across state lines to work in NC. Owning property alone, having a NC driver's license without residency, and having a relative in NC do not satisfy this requirement.

Question 2: A NC notary applicant completes the required training but scores below the passing grade on the course examination. Under NCGS Chapter 10B, the applicant:

May still apply for a commission since training completion, not the grade, is what matters
Must pass the examination to satisfy the education requirement and may need to retake the course (Correct answer)
May apply with a letter from the instructor explaining the circumstances
Is permanently barred from becoming a NC notary due to the exam failure

Correct answer: Must pass the examination to satisfy the education requirement and may need to retake the course

Under NCGS §10B-5, the education requirement includes successfully completing the approved course, which includes passing any required examination. A below-passing score means the education requirement has not been met, and the applicant may need to retake the course or examination.

NCGS §10B-5(a)(5) requires applicants to 'successfully complete' an approved course of study. 'Successfully complete' means passing the course, including any required examination. Simply attending or completing the materials without achieving a passing score does not satisfy the requirement. The applicant is not permanently barred — they may retake the examination or course. Most approved providers allow retakes. After passing, the applicant can proceed with their commission application to the NC SOS.

Question 3: Under NCGS Chapter 10B, a NC notary's commission is effective:

The day the application is submitted to the NC SOS
On the date specified on the commission certificate issued by the NC SOS (Correct answer)
The day the oath is taken at the county register of deeds
The day the surety bond is filed with the county register of deeds

Correct answer: On the date specified on the commission certificate issued by the NC SOS

Under NCGS §10B-9, a notary's commission is effective on the date stated on the commission certificate issued by the NC Secretary of State. Filing the oath and bond are conditions that must be completed within a required period after receiving the commission.

NCGS §10B-9 establishes that the commission takes effect on the effective date stated on the commission certificate. After receiving the certificate, the notary must file their oath and bond with the county register of deeds within a specified period (currently 45 days). The oath and bond filing is a condition subsequent to the commission becoming operational — the notary cannot perform notarial acts until the oath and bond are filed, even if the commission certificate has an effective date. However, the commission 'starts' on the SOS-specified date.

Question 4: Under NC law, when a notary receives their commission certificate, they must file their oath and bond with the county register of deeds within:

30 days
45 days (Correct answer)
60 days
90 days

Correct answer: 45 days

Under NCGS §10B-9, after receiving a commission certificate, the notary must file their oath and $10,000 surety bond with the register of deeds in their county within 45 days. Failure to file within this period forfeits the commission.

NCGS §10B-9 requires the notary to file their oath and bond with the county register of deeds within 45 days of the commission certificate's effective date. If the filing is not completed within 45 days, the commission is automatically forfeited and the applicant must reapply. This deadline ensures that all active notaries in NC have completed the required administrative steps before performing notarial acts. Most notaries complete this step promptly after receiving their commission certificate.

Question 5: Under NCGS §10B-5, which of the following disqualifies an applicant from a NC notary commission?

Being a licensed real estate broker in North Carolina
Having been convicted of a felony within the past 10 years without restoration of civil rights (Correct answer)
Being 65 years of age or older
Working as a paralegal for a law firm

Correct answer: Having been convicted of a felony within the past 10 years without restoration of civil rights

Under NCGS §10B-5(d), an applicant who has been convicted of a felony and whose civil rights have not been restored is disqualified. If civil rights were restored (e.g., by pardon), the disqualification no longer applies. Age, real estate licensing, and paralegal work are not disqualifying.

NCGS §10B-5(d)(2) disqualifies any applicant whose felony conviction resulted in the loss of civil rights that have not been restored. Civil rights in NC can be restored through a governor's pardon or, in some cases, through completion of sentence conditions. Being a real estate broker, being a senior citizen, or working as a paralegal are not disqualifying factors. In fact, many professionals in related fields (real estate, title companies, law offices) seek notary commissions as part of their work.

Question 6: A NC notary who moves their residence to a new county must file a new oath and bond in the new county within:

30 days of the move (Correct answer)
45 days of the move
60 days of the move
90 days of the move

Correct answer: 30 days of the move

Under NCGS §10B-14, a notary who changes their county of residence must notify the NC SOS and file a new oath and bond in the new county within 30 days of the change of residence.

NCGS §10B-14(a) provides that within 30 days of changing their county of residence, a notary must: (1) notify the NC Secretary of State in writing, and (2) file a new oath and bond with the register of deeds in the new county. This is distinct from the initial 45-day filing requirement when first receiving a commission. The 30-day county change deadline is shorter. During the transition period between filing in the old county and completing the new county filing, the notary should consult the NC SOS about whether they may continue performing notarial acts.

NC Notary Qualifications and Commission 2

Under NCGS §10B-5, a non-resident applicant may be commissioned as a NC notary if they: