2.1 Notarial Acts
Key Takeaways
- North Carolina notaries may perform acknowledgments, verifications/proofs, oaths, affirmations, and (with separate commissions) electronic and remote online notarizations
- Every notarization requires personal appearance and satisfactory evidence of identity — a current government photo ID or one credible witness
- Maximum fees under G.S. 10B-31 are $10 per principal signature (traditional), $15 (electronic), and $25 (remote online notarization)
- A notary must not give legal advice, notarize when financially interested, notarize a blank/incomplete document, or notarize their own signature
- An expired ID is never acceptable in North Carolina — the document must be current; there is no three-year grace window
The Authorized Notarial Acts
North Carolina notaries derive every power from Chapter 10B of the General Statutes (the Notary Public Act). A notarial act is an official act the notary is empowered to perform; performing anything outside this list is itself misconduct. Memorize the four core acts and how each differs, because exam items almost always hinge on choosing the correct act for a given certificate.
| Act | What the signer does | What the notary certifies |
|---|---|---|
| Acknowledgment | Declares they signed willingly for the stated purpose | The signer appeared, was identified, and acknowledged the signature as their own act |
| Verification or proof (jurat) | Signs in front of the notary and swears the contents are true | The signer appeared, was identified, signed, and took an oath/affirmation |
| Oath or affirmation | Makes a spoken sworn promise (no document needed) | The notary administered a binding oath or affirmation |
| Signature witnessing | Signs in the notary's presence | The notary watched the signer sign |
The critical distinction the exam tests: an acknowledgment does not require the signer to sign in front of you, and there is no oath — the signer can have signed earlier and merely confirms it. A verification/proof (jurat) is the opposite: the signer must sign in your presence and swear to the truth of the contents. Pick the wrong one and the certificate is defective.
Three more powers depend on the type of commission you hold:
- Electronic notarization — performing the same acts on an electronic document with the signer physically present, available only after completing the electronic notary registration.
- Remote online notarization (RON) — performing acts over audio-visual technology with a signer in a different location, requiring a separate RON commission.
- Verification of a paper copy of an electronic document, allowed in narrow circumstances.
North Carolina notaries may not certify copies of documents (no "copy certification") and may not issue apostilles — those are functions of the Secretary of State, not the individual notary. A frequent trap answer offers "certify a copy of a passport"; the correct response is that the notary cannot, but may notarize the signer's sworn statement about the copy.
Personal Appearance — The Non-Negotiable Rule
Under G.S. 10B-20, the principal must personally appear before the notary at the time of the act (for RON, "appear" means a live audio-visual session, not a phone call). No exceptions exist for a trusted relative dropping off a document, a fax, or "the signer already left." If the person is not in front of you, you cannot notarize — this is the single most-tested principle and the most common real-world disciplinary cause.
A signer brings a deed they already signed yesterday at home and asks the notary to complete the certificate confirming the signature is theirs. No oath is taken. Which notarial act is this?
Identifying the Signer: Satisfactory Evidence
North Carolina requires the notary to have satisfactory evidence of the principal's identity before notarizing. Under G.S. 10B-3, this means one of two things:
- A current government-issued photo ID issued by a federal, state, or recognized tribal agency, bearing the person's photograph and either their signature or a physical description; or
- The oath or affirmation of one credible witness who personally knows the signer and is personally known to the notary.
North Carolina notably does not rely on "personal knowledge of the notary" as a stand-alone statutory basis the way some states do — the law channels identification through a current document or a credible witness.
| Acceptable | Not acceptable |
|---|---|
| Current driver's license (any U.S. state) | Expired license — even expired last month |
| Current state-issued ID card | Temporary paper interim license without a photo |
| Current U.S. passport | Social Security card (no photo) |
| Current U.S. military ID (without security chip) | Student ID or employee badge |
| Current tribal-government photo ID | A photocopy or photo of an ID on a phone |
The expired-ID trap: because the statute demands a current document, an expired ID is never acceptable in North Carolina — there is no "expired within three years" grace window that a handful of other states allow. If a signer presents a license that expired even a day ago, the notary must decline and use a credible witness instead.
Credible Witness Requirements
A credible witness is someone the notary believes is honest and reliable, who personally knows the signer, and who is not a party to or beneficiary of the transaction. The witness must be identified to the notary's satisfaction and takes an oath/affirmation vouching for the signer's identity. North Carolina requires only one credible witness when that witness is personally known to the notary.
Awareness and Willingness
Identity alone is not enough. The notary must also have no reason to believe the signer is acting under duress or lacks the mental awareness to understand the transaction. If a signer cannot communicate, appears confused, or is being pressured, the safest and required answer is to refuse the notarization. Exam scenarios frequently bury one of these defects — wrong ID, coercion, or incapacity — and the correct choice is always to decline rather than "proceed anyway."
A signer presents a U.S. passport that expired six weeks ago. Under North Carolina law, the notary should:
Fees, Prohibited Acts, and Recordkeeping
Maximum Fees (G.S. 10B-31)
North Carolina caps notary fees by statute. A notary may charge less or waive the fee, but never exceed the cap.
| Service | Maximum fee |
|---|---|
| Acknowledgment, jurat, verification/proof | $10.00 per principal signature |
| Oath or affirmation without a signature | $10.00 per person |
| Electronic acknowledgment or jurat | $15.00 per principal signature |
| Remote online notarization (RON) | $25.00 per principal signature |
| Oath to a credible witness vouching for identity | No fee may be charged |
Travel is reimbursable only at the federal business mileage rate and only if the principal agrees in writing before the travel. Charging more than the cap, or charging for the credible-witness oath, is a fee violation.
Prohibited Acts
| Prohibited act | Why it is barred |
|---|---|
| Notarizing your own signature | A notary cannot be the impartial witness to their own act |
| Notarizing when you are a party or have a financial/beneficial interest | Destroys impartiality (e.g., you are the grantee on the deed) |
| Giving legal advice or choosing the certificate for the signer | Unauthorized practice of law unless you are a licensed attorney |
| Notarizing a blank or incomplete document | Invites fraud after the fact |
| Notarizing without personal appearance or proper ID | Violates the core G.S. 10B-20 requirements |
| Using the seal or commission after it has expired or been revoked | Acting without authority |
A notary who is not an attorney must never tell a signer "you need an acknowledgment, not a jurat" — selecting the form for the signer is interpreted as practicing law. Instead, ask the signer or the document's drafter which certificate is required.
Disqualifying Interest — A Worked Example
Suppose a notary's spouse is buying a house and the deed names the notary's spouse as grantee. Even though the notary's own name is not on the document, the notary has a beneficial interest through the marriage and should decline. The clean rule: if you, a close family member, or your employer's transaction is the one being signed, find a disinterested notary.
The Safest-Answer Heuristic
For any "may the notary proceed?" scenario, run this checklist: (1) Did the signer personally appear? (2) Is there a current ID or one credible witness? (3) Does the signer understand and act willingly? (4) Is the document complete? (5) Is the notary disinterested? If any answer is "no," the correct exam choice is to refuse and document the refusal — never to take a shortcut, complete a certificate from memory, or guess at the signer's intent.