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Notary Requirements for North Carolina: 2025 Updated

Chimney Rock in North Carolina

This guide explains how to become and renew as a Notary Public in North Carolina under current state laws (NCGS Chapter 10B). It covers eligibility, application, renewal, required tools, remote online notarization (RON), fees, duties, and FAQs, referencing the NC Secretary of State (SoS), the official oversight body.

Eligibility Requirements for North Carolina Notaries

To qualify for an NC notary commission, you must:

  1. Age: Be at least 18 years old or legally emancipated.

  2. Residency/Employment: Reside legally in NC OR reside in a bordering state (VA, TN, GA, SC) and regularly work or have a business in NC (proof required for non-residents).

  3. Citizenship/Status: Be a U.S. citizen or a lawful permanent resident (provide Green Card copy if applicable).

  4. Education: Possess a high school diploma or equivalent (GED).

  5. English Literacy: Be able to read, write, and speak English.

  6. Character: Have no disqualifying criminal history (e.g., felony conviction without rights restored, crimes of moral turpitude). Disclosure and potentially references/documentation required if you have a record.

  7. Prior Commission: Not have had a notary commission revoked or denied for misconduct.

  8. Knowledge: Understand notary duties (achieved via mandatory course/exam or being a licensed NC attorney).

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Application Process: How to Become a Notary Public in NC

  1. Complete Mandatory Course & Exam: Enroll in and pass a state-approved Notary Public Education course (typically 6 hours at a community college). Pass the final written exam with ≥ 80%. (Licensed NC attorneys are exempt). Your instructor must sign your application.

  2. Purchase Required Guidebook: Obtain the current official Notary Public Guidebook for North Carolina. This is mandatory.

  3. Complete Notary Application Form: Fill out the application form accurately (available from SoS website or Register of Deeds). Include personal info, commissioning name choice, criminal history disclosure (with required attachments if applicable), and proof of NC employment if non-resident. Get required signatures:

    • Your signature and oath (witnessed/notarized).

    • Instructor's signature (certifying course completion/exam pass).

    • Recommendation signature from one NC elected official (required unless applying in a large county like Wake/Mecklenburg – check SoS for waiver list).

  4. Submit Application & Fee: Mail the completed application and all required documents, along with a $50 non-refundable fee (check/money order to "Secretary of State of North Carolina"), to the SoS Notary Public Section in Raleigh.

  5. Await Approval & Oath Notification: The SoS reviews applications (usually within 72 hours of receipt). If approved, they mail you an "Oath Notification Letter" within 1-2 weeks.

  6. Take Oath at Register of Deeds (ROD): This step activates your commission. Within 45 days of the date on your notification letter, appear in person at the Register of Deeds office in your commissioning county (residence county or employment county for non-residents). Bring photo ID and the notification letter. Take the official oath, sign the notary register, and pay the $10 oath fee. Failure to take the oath within 45 days voids the commission.

Once the oath is completed, you are officially commissioned for 5 years.

Commission Term and Expiration

  • Term: 5 years from the date of commissioning.

  • Jurisdiction: Statewide within North Carolina only.

  • Maintain Eligibility: You must remain qualified (residency/employment, clean record) throughout the term.

  • Commission Certificate: Keep the certificate/letter provided after taking the oath for your records.

Commission Renewal Process

Renew before expiration to maintain continuous authority. The SoS does not send reminders.

  1. When to Renew: Apply for reappointment up to 10 weeks before expiration (recommended 6-8 weeks prior).

  2. Renewal Exam (If Not Lapsed): If renewing before expiration, you typically do not need to retake the 6-hour course. Instead, pass the online Notary Reappointment Exam provided by the SoS. (Attorneys remain exempt).

  3. Reappointment Application: Complete the renewal application form, updating any information. Have your signature notarized. No instructor or elected official recommendation needed for renewal.

  4. Pay Renewal Fee: Submit the application with the $50 renewal fee to the SoS.

  5. Take Oath at ROD: Upon approval, the SoS sends a new Oath Notification Letter. Appear at the ROD within 45 days to take the oath again for the renewed 5-year term and pay the $10 fee.

  6. If Expired: No grace period. If your commission lapses, you cannot notarize. You will likely need to reapply as a new notary, including retaking the 6-hour course and exam. Contact the SoS Notary Section immediately if only recently expired, but expect to start over.

Required Notary Tools and Supplies in North Carolina

  • Notary Seal (Mandatory): Required on every notarization.

    • Format: Rubber ink stamp or inked embossing seal (must be reproducible).

    • Required Content: Your commissioned name, "Notary Public," your county of commission, "North Carolina," and your commission expiration date.

    • Security: Keep secure; report loss/theft within 10 days (law enforcement, SoS, ROD). Destroy old/expired seals.

  • Notary Journal (Recommended; Required for RON):

    • Traditional Acts: Not legally required, but highly recommended by the SoS for protection.

    • Remote Acts: Required (secure electronic journal + audio-video recordings).

  • Notary Public Guidebook (Mandatory): Must purchase and keep the latest edition as a reference.

Optional: Commission certificate display, embosser/inker, thumbprint pad, loose certificate forms (NC wording available on SoS website).

Notary Bond and Insurance

  • Surety Bond: Not Required in North Carolina.

  • Notary Liability: You are personally liable for negligence or misconduct.

  • Errors & Omissions (E&O) Insurance: Optional but Highly Recommended. Protects you against claims/lawsuits for unintentional errors.

Remote Online Notarization (RON) in North Carolina

NC law (effective July 1, 2023) permits RON, but only under specific conditions:

  • Electronic Notary Commission Required: You must first become an authorized Electronic Notary (requires separate course and SoS application/approval).

  • Technology: Must use an SoS-approved secure RON platform.

  • Procedure:

    • Notary must be physically in NC; signer can be anywhere (location verified).

    • Live, two-way audio-video communication.

    • Multi-factor identity verification (ID analysis + KBA questions typical).

    • Audio-video recording of the entire session is required and must be securely stored (likely 10+ years).

    • Notary must ask signer about willingness, understanding, and desire for attorney presence.

    • Electronic documents and eSignatures only.

    • Notarial certificate must state it was remote and include signer's location.

  • Prohibited Documents: Cannot use RON for wills, trusts, advance healthcare directives, parental rights relinquishments, or absentee ballots.

  • Registration: Must register with SoS as a remote electronic notary.

  • Fees: Up to $25 per principal signature for RON acts.

  • Records: Secure electronic journal and recordings are mandatory.

Duties, Responsibilities, and Prohibited Acts

  • Impartiality: Act neutrally. Avoid conflicts of interest (no notarizing own signature, transactions where you benefit). Use caution with family.

  • Personal Appearance: Required (physically present or via authorized RON).

  • Verify Identity: Use personal knowledge, current gov't photo ID, or credible witness (following NC procedure). Assess signer willingness/competence.

  • Complete Certificates: Use proper NC wording, affix seal, signature, and date. Never notarize incomplete certificates or documents.

  • No UPL: Do not give legal advice, draft documents, or choose certificate types. Be careful with advertising ("notario" restrictions apply).

  • Authority Limits: Cannot certify copies of vital/public records (use copy affidavit method).

  • Report Changes: Notify SoS of name/address changes within 45 days. (Name change requires re-oathing at ROD).

  • Report Lost/Stolen Seal/Journal: Notify law enforcement, SoS, and ROD within 10 days.

  • Fees: Do not exceed statutory maximums. No fee for absentee ballots or public official oaths.

  • Misconduct: Can lead to commission revocation, civil liability, and criminal charges.

Fees Allowed for Notarial Services in North Carolina

  • Traditional Acts (Paper): $10 per principal signature (acknowledgment, jurat, verification).

  • Oath/Affirmation (no signature): $10 per person.

  • Electronic Notarization (In-Person): $15 per principal signature.

  • Remote Online Notarization (RON): $25 per principal signature.

  • Travel Fee: Allowed; must be pre-agreed; rate cannot exceed current IRS standard mileage rate (charged one-way).

  • Fee-Free: Notarizing absentee ballots; administering oaths of office.

Official References and Resources

  • NC Secretary of State – Notary Public Section: Main source for info, forms, laws, FAQs, RON updates (sosnc.gov).

  • NC General Statutes (NCGS) Chapter 10B: The Notary Public Act.

  • Notary Public Guidebook for North Carolina: Mandatory reference manual (order via UNC School of Government or SoS links).

  • NC Administrative Code (Title 18, Chapter 07): Specific rules implementing the law.

  • County Register of Deeds (ROD): Handles oath administration, local recording of commission.

Frequently Asked Questions (FAQ)

Q: What should I do if my notary seal is lost or stolen?

A: Within 10 days, file a police report and send written notification to the NC Secretary of State's Notary Section and your county's Register of Deeds. Obtain a replacement seal. Secure seals carefully.

Q: How do I change my name on my notary commission (for marriage, etc.)?

A: Within 45 days, submit the Notary Public Change of Name/Address form and proof of name change to the SoS (no fee). Receive amended commission notice. Appear at the ROD within 45 days to take the oath under the new name ($10 fee). Obtain a new seal with the new name after taking the oath.

Q: My commission expired and I didn’t renew in time. Can I still renew or do I have to start over?

A: Stop notarizing immediately. Contact the SoS Notary Section promptly if only just expired. Otherwise, expect to reapply as a new notary, which requires retaking the 6-hour course and exam. Renew before expiration to avoid this.

Q: Can I perform notarizations remotely (online) with my North Carolina notary commission?

A: Yes, but only if you obtain an additional Electronic Notary commission (requires separate course/application) and comply with all RON rules (approved platform, recordings, specific procedures, etc.). A standard notary commission does not permit remote notarization.

Q: Do I need to keep a journal of my notarial acts in North Carolina?

A: A journal is not required by law for traditional (in-person, paper) notarizations, but it is highly recommended by the SoS for your protection. A secure electronic journal is required for all Remote Online Notarizations.

Q: What if I move to a different county in North Carolina after being commissioned?

A: Your commission remains valid statewide. Notify the SoS of your new address within 45 days using the change form. You do not need to re-take the oath. You will renew in your new county when your term expires.

Q: What are the consequences if I violate notary laws in North Carolina (even unintentionally)?

A: Penalties range from warnings or commission suspension/revocation by the SoS to civil lawsuits or even criminal charges (for intentional misconduct like fraud or forgery). Follow the law meticulously.

Q: Where can I find official information about being a notary in North Carolina?

A: The NC Secretary of State's Notary Public Section website, NC General Statutes Chapter 10B, the official Notary Public Guidebook (mandatory purchase), and your county Register of Deeds office.