6.4 Notary Supplies and Record Keeping

Required and Recommended Supplies

The exam tests which tools are legally mandatory versus merely good practice. Getting the bond question right alone can be worth a point, because North Carolina differs from many states.

The Guidebook Requirement

North Carolina is unusual in requiring a notary to own the current edition of the NC Notary Public Guidebook. It is the official reference for the Notary Public Act and Secretary of State rules, and the mandatory education course is built around it. A notary who keeps an outdated edition can miss statutory changes (such as fee or RON rule updates) and risk a violation. Treat "buy and keep the current Guidebook" as a hard rule, not a suggestion.

No Bond, But Real Personal Liability

Because there is no surety bond, there is no bonding company standing between an injured party and the notary. A notary is personally and financially liable for damages caused by official misconduct or negligence — for example, notarizing a forged signature without proper appearance and identification. This is why E&O insurance is widely recommended even though it is optional: it covers legal-defense costs and negligence claims that the notary would otherwise pay out of pocket.

Ownership of Supplies and Records

A recurring theme across this chapter: the notary's tools belong to the notary, not the employer who may have paid for them.

• The seal is the notary's exclusive property and must not be surrendered to an employer on departure.
• A RON electronic journal is likewise the notary's exclusive property and must be retained by the notary for at least 10 years.
• The commission is personal to the individual; it does not transfer with a job change.

Records to Retain

Store records securely; shred documents containing personal identity data when disposing of them. Many notaries retain records well beyond any minimum because the statute of limitations on a negligence claim can run years after the act.

When the Commission Ends

Performing a notarial act after the commission has expired is unauthorized and exposes the former notary to liability and possible criminal charges.

Why North Carolina Skips the Bond

Many states require a surety bond — a guarantee purchased from a bonding company that pays an injured member of the public if the notary commits misconduct, after which the bonding company seeks reimbursement from the notary. North Carolina has chosen a different model: there is no bond, and the public's remedy is to sue the notary directly. This makes the personal-liability point more than a footnote. Because no bonding company will front a payout, a notary who improperly notarizes a forged document, fails to verify identity, or acts after the commission expires can be sued personally for the full amount of the resulting loss.

The practical takeaway: the absence of a bond increases, rather than reduces, the notary's exposure, which is the entire rationale for carrying voluntary E&O insurance.

Building a Compliant Supply Kit

A well-prepared North Carolina notary keeps a small, organized kit: the current Guidebook, a conforming seal (and embosser ink if an embosser is used), a permanent black-ink pen, a journal, and a folder holding the commission certificate and proof the oath of office was filed with the Register of Deeds. RON notaries add their registered platform credentials and a secure backup plan for the electronic journal and recordings.

Keeping the kit current matters because statutory details — fee caps, RON rules, seal specifications — change between Guidebook editions, and relying on an outdated copy can lead a notary into an inadvertent violation.

Disposing of Records and Devices Responsibly

When records reach the end of their useful life, dispose of them carefully. Paper journals and certificates that contain identity data such as license numbers should be shredded, not tossed whole. RON records that must be kept ten years should never be deleted early simply to free storage. And when a seal is retired — at expiration, resignation, or revocation — it should be defaced or destroyed so it cannot be used to forge an act in the former notary's name. A retired seal left intact is a fraud risk that can rebound on the original notary.

Exam Watch-Outs

• No surety bond in North Carolina — do not pick a "$10,000 bond" answer.
• The Guidebook (UNC School of Government) must be the current edition.
• E&O insurance is optional; liability is personal.
• Seal and RON journal are the notary's exclusive property.
• Stop notarizing the instant the commission ends.
• No bond means the public sues the notary directly — exposure is higher, not lower.
• Deface or destroy a retired seal; shred records holding identity data.