6.3 Seal Requirements

The Seal Image (G.S. 10B-36 and 10B-37)

The official seal (also called the notary's stamp) is how a notary authenticates a paper record. Under G.S. 10B-37, the notary must place a sharp, legible, permanent, and photographically reproducible image of the seal near the notary's official signature on the notarial certificate of a paper record. "Photographically reproducible" is critical: a smeared or faint seal that does not show on a photocopy fails the statute even if it is technically present.

Required Seal Elements

Every North Carolina seal must contain, at minimum:

Note the nuance the exam loves: the commission expiration date may appear on the seal, or it may be handwritten or typed on the record near the signature. Either placement satisfies the statute, so a seal without a printed expiration date is acceptable if the date is written on the certificate.

Shape and Exact Dimensions

This is the most precise, most frequently tested seal fact. For commissions issued or renewed on or after October 1, 2006:

The perimeter of the seal must contain a border that is visible when impressed. The old text that listed only the circular dimensions was incomplete — know both shapes.

Ink Color

North Carolina law does not mandate a specific ink color, so long as the impression is clear and photographically reproducible. Black ink is the practical standard because it copies and faxes cleanly. Do not select an answer claiming a legally required color — that is a trap; the requirement is reproducibility, not a particular color.

Sample Seal Layout

   ----------------------------------
   |          JANE DOE              |
   |        NOTARY PUBLIC           |
   |       WAKE COUNTY, NC          |
   |   My Commission Expires        |
   |          12/31/2030            |
   ----------------------------------

Seal Use, Security, and Loss

Because the seal is the notary's exclusive property, an employer cannot keep it when the notary leaves the job — a commonly tested point that parallels the RON-journal ownership rule.

Defective Seal: Effect on the Act

Under G.S. 10B-37, the seal rules are a duty of the notary, but a non-conforming seal does NOT, by itself, invalidate the notarization. The act remains valid; however, using a defective seal is a violation of the notary's official duties that can support disciplinary action, including suspension or revocation, by the Secretary of State.

Stamp Versus Embosser: Both Are Allowed, Reproducibility Decides

North Carolina permits either a rubber ink stamp or an embosser, but the controlling requirement is that the resulting image be photographically reproducible. A traditional metal embosser raises the paper without ink; that raised impression often does not show up on a photocopy or fax. For that reason, notaries who use an embosser typically must also use an inked stamp, or apply embosser ink, so the seal survives copying. On the exam, when a question pits "embosser" against "reproducible," the reproducibility rule wins: the seal that appears on the record must copy cleanly.

The same logic explains why a faint, smudged, or half-off-the-page stamp violates the statute even though the device itself is proper.

When and Where the Seal Goes

The seal is affixed after the notary completes the notarial act and signs the certificate, and it must sit near the official signature — not stamped randomly across the document, not over the signer's signature, and not over critical text. The notary should also confirm the notarial certificate wording is complete before stamping; the seal authenticates the certificate, so stamping an incomplete or blank certificate is improper. A clean placement next to the signature, on a complete certificate, is what makes the act enforceable and the seal verifiable later.

Practical Consequences of a Bad Seal

Even though a defective seal does not void the underlying act, it causes real downstream harm. County Registers of Deeds can reject a document for recording if the seal does not reproduce, forcing the signer to track down the notary and re-execute paperwork — a costly, embarrassing failure that often triggers a complaint to the Secretary of State. Title companies and courts scrutinize seals closely on real-estate instruments. So while the legal rule is "violation, not invalid," the practical reality is that a non-conforming seal can stall a closing and put the notary's commission at risk.

Exam Watch-Outs

• Circular 1.5–2 in; rectangular ≤1 in × ≤2.5 in — memorize both.
• The seal must be photographically reproducible, not a specific color.
• The expiration date may be on the seal or written near the signature.
• A defective seal = violation, not an invalid notarization.
• The seal is the notary's exclusive property; never lend it.
• Either a stamp or an embosser is allowed, but the image must reproduce on a copy.
• Affix the seal after signing, near the signature, on a complete certificate.