7.2 Prohibited Acts

The Core Prohibitions (G.S. 10B-20)

The heart of notarial wrongdoing is a short list of forbidden acts. Memorize these — most exam scenarios are simply a disguised version of one of them.

1. Personal Appearance Is Absolute

For paper notarizations, the principal (or, for a verification/proof, the subscribing witness) must appear in person before the notary at the moment of notarization. A phone call, a fax, a familiar voice, or "I watched them sign earlier" does not satisfy it. This is the single most-litigated prohibition. Performing the act without appearance is at minimum a Class 1 misdemeanor; doing it with intent to defraud is a Class I felony (see 7.3).

2. No Self-Interest, No Self-Notarization

Under G.S. 10B-20, a notary shall not perform a notarial act if the notary:

• is a signer or named party to the record;
• will receive, as a direct result, any commission, fee, or other consideration beyond the lawful notary fee; or
• has a direct financial or beneficial interest in the transaction.

Worked example — the spouse trap: A notary's husband asks her to acknowledge his signature on a home-equity loan secured by the marital residence. Because spouses typically share a direct financial interest in the marital home, she should decline. The lawful notary fee (the statutory maximum is $10.00 per principal signature for an acknowledgment, jurat, or verification, and $10.00 per oath/affirmation) does NOT count as a disqualifying interest — but a stake in the underlying loan does.

3. No Legal Advice — the UPL Line

Notaries are routinely asked, "What does this mean?" or "Should I get an acknowledgment or a jurat?" Both questions are dangerous. A non-attorney notary may not:

• explain a document's legal meaning or effect;
• advise which document or which notarial certificate to use;
• draft or complete legal documents for another person; or
• represent that they can perform attorney services.

Worked example: A signer hands over a power of attorney and asks the notary to explain what powers it grants. The correct response is to decline and refer the signer to a licensed attorney. The notary may describe the difference between the notarial acts in a neutral, non-advisory way only if the signer first states what they need, but selecting the act for them crosses into UPL.

4. Neutrality of Office and the 'Notario Publico' Rule

• The notary may not use the official title or seal to endorse, promote, denounce, or oppose any product, service, candidate, or cause.
• A notary who is not a licensed attorney and who advertises notary services in a language other than English must include a conspicuous statement, in that language and in English, that the notary is not an attorney and may not give legal advice or accept fees for legal advice.
• The term "notario" or "notario publico" is specifically restricted. In many Latin American countries a notario publico is a highly trained attorney; using that title misleads consumers, so North Carolina forbids a non-attorney notary from implying those powers.

Exam Trap Checklist

• "The signer signed in front of my coworker" → still no appearance before you → prohibited.
• "I'm a co-borrower" → direct interest → prohibited.
• "Just tell me which form to use" → choosing the act → UPL → prohibited.
• "Notarize it now, I'll fill in the blanks later" → incomplete document → prohibited.

More Prohibited Conduct You Must Know

Beyond the headline prohibitions, Chapter 10B forbids several acts the exam loves to test in scenario form:

Awareness and Willingness

A frequently missed prohibition is the duty to refuse when the signer does not appear to understand the act or is not acting freely. If a signer is heavily medicated, confused, or visibly being pressured by a relative standing over them, the notary must decline. The notary does not assess legal capacity like a judge — but obvious signs of confusion, intoxication, or coercion are red flags that bar the act. Proceeding anyway is misconduct.

Worked example — the nursing-home POA: A daughter brings her father, who cannot state his name or why he is signing, and asks the notary to acknowledge his signature on a power of attorney. Because the signer cannot demonstrate awareness of the act, the notary must refuse, regardless of the daughter's insistence. Notarizing would expose the notary to misconduct and to a later civil suit by other heirs.

Refusing Service — When It Is Required, Not Optional

Notaries may decline service for many reasons, but they must decline when:

• the signer is not personally present;
• the signer cannot be identified by personal knowledge or satisfactory evidence;
• the document is blank or incomplete;
• the notary has a disqualifying interest;
• the signer appears to lack awareness or to be coerced; or
• the act would require legal advice or document preparation.

A notary may not, however, refuse service on the basis of the signer's race, religion, national origin, or similar protected characteristic, or simply because of the document's lawful content. Refusal must rest on a genuine procedural or statutory ground, not bias.

Exam Memory Hooks

• Personal appearance, ID, completeness, neutrality, no UPL — the five pillars.
• $10.00 is the fee cap per signature/oath; overcharging is itself misconduct.
• Awareness + willingness are required; refuse if either is missing.
• The seal is yours alone — never lend it, never borrow one.