§ 10B-20. Powers and limitations. - North Carolina Statutes

Part 3. Notarial Acts, Powers,and Limitations.

§ 10B‑20.  Powers andlimitations.

(a)        A notary mayperform any of the following notarial acts:

(1)        Acknowledgments.

(2)        Oaths andaffirmations.

(3)        Repealed by SessionLaws 2006‑59, s. 6, effective October 1, 2006, and except as otherwiseset forth in the act, applicable to notarial acts performed on or after October1, 2006.

(4)        Verifications orproofs.

(b)        A notarial actshall be attested by all of the following:

(1)        The signature of thenotary, exactly as shown on the notary's commission.

(2)        The legibleappearance of the notary's name exactly as shown on the notary's commission.The legible appearance of the name may be ascertained from the notary's typedor printed name near the notary's signature or from elsewhere in the notarialcertificate or from the notary's seal if the name is legible.

(3)        The clear andlegible appearance of the notary's stamp or seal.

(4)        A statement of thedate the notary's commission expires. The statement of the date that the notary'scommission expires may appear in the notary's stamp or seal or elsewhere in thenotarial certificate.

(c)        A notary shall notperform a notarial act if any of the following apply:

(1)        The principal orsubscribing witness is not in the notary's presence at the time the notarialact is performed. However, nothing in this Chapter shall require a notary tocomplete the notarial certificate attesting to the notarial act in the presenceof the principal or subscribing witness.

(2)        The principal orsubscribing witness is not personally known to the notary or identified by thenotary through satisfactory evidence.

(2a)      The credible witnessis not personally known to the notary.

(3),       (4) Repealed bySession Laws 2006‑59, s. 8, effective October 1, 2006, and except asotherwise set forth in the act, applicable to notarial acts performed on orafter October 1, 2006.

(5)        The notary is asigner of, party to, or beneficiary of the record, that is to be notarized.However, a disqualification under this subdivision shall not apply to a notarywho is named in a record solely as the trustee in a deed of trust, the drafterof the record, the person to whom a registered document should be mailed orsent after recording, or the attorney for a party to the record, so long as thenotary is not also a party to the record individually or in some otherrepresentative or fiduciary capacity.

(6)        The notary willreceive directly from a transaction connected with the notarial act anycommission, fee, advantage, right, title, interest, cash, property, or otherconsideration exceeding in value the fees specified in G.S. 10B‑31, otherthan fees or other consideration paid for services rendered by a licensedattorney, a licensed real estate broker or salesperson, a motor vehicle dealer,or a banker.

(d)        A notary maycertify the affixation of a signature by mark on a record presented fornotarization if:

(1)        The mark is affixedin the presence of the notary;

(2)        The notary writesbelow the mark: "Mark affixed by (name of signer by mark) in presence ofundersigned notary"; and

(3)        The notary notarizesthe signature by performing an acknowledgment, oath or affirmation, jurat, orverification or proof.

(e)        If a principal isphysically unable to sign or make a mark on a record presented for notarization,that principal may designate another person as his or her designee, who shallbe a disinterested party, to sign on the principal's behalf pursuant to thefollowing procedure:

(1)        The principaldirects the designee to sign the record in the presence of the notary and twowitnesses unaffected by the record;

(2)        The designee signsthe principal's name in the presence of the principal, the notary, and the twowitnesses;

(3)        Both witnesses signtheir own names to the record near the principal's signature;

(4)        The notary writesbelow the principal's signature: "Signature affixed by designee in thepresence of (names and addresses of principal and witnesses)"; and

(5)        The notary notarizesthe signature through an acknowledgment, oath or affirmation, jurat, orverification or proof.

(f)         A notarial actperformed in another jurisdiction in compliance with the laws of thatjurisdiction is valid to the same extent as if it had been performed by anotary commissioned under this Chapter if the notarial act is performed by anotary public of that jurisdiction or by any person authorized to performnotarial acts in that jurisdiction under the laws of that jurisdiction, thelaws of this State, or federal law.

(g)        Persons authorizedby federal law or regulation to perform notarial acts may perform the acts forpersons serving in or with the United States armed forces, their spouses, andtheir dependents.

(h)        The Secretary andregister of deeds in the county in which a notary qualified may certify to thecommission of the notary.

(i)         A notary publicwho is not an attorney licensed to practice law in this State who advertisesthe person's services as a notary public in a language other than English, byradio, television, signs, pamphlets, newspapers, other written communication,or in any other manner, shall post or otherwise include with the advertisementthe notice set forth in this subsection in English and in the language used forthe advertisement. The notice shall be of conspicuous size, if in writing, andshall state: "I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN THE STATEOF NORTH CAROLINA, AND I MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGALADVICE." If the advertisement is by radio or television, the statement maybe modified but must include substantially the same message.

(j)         A notary publicwho is not an attorney licensed to practice law in this State is prohibitedfrom representing or advertising that the notary public is an "immigrationconsultant" or expert on immigration matters unless the notary public isan accredited representative of an organization recognized by the Board ofImmigration Appeals pursuant to Title 8, Part 292, section 2(a‑e) of theCode of Federal Regulations (8 C.F.R. § 292.2(a‑e)).

(k)        A notary public whois not an attorney licensed to practice law in this State is prohibited fromrendering any service that constitutes the unauthorized practice of law. Anonattorney notary shall not assist another person in drafting, completing,selecting, or understanding a record or transaction requiring a notarial act.

(l)         A notary publicrequired to comply with the provisions of subsection (i) of this section shallprominently post at the notary public's place of business a schedule of feesestablished by law, which a notary public may charge. The fee schedule shall bewritten in English and in the non‑English language in which the notaryservices were solicited and shall contain the notice required in subsection (i)of this section, unless the notice is otherwise prominently posted at thenotary public's place of business.

(m)       If notarialcertificate wording is not provided or indicated for a record, a notary who isnot also a licensed attorney shall not determine the type of notarial act orcertificate to be used. This does not prohibit a notary from offering theselection of certificate forms recognized in this Chapter or as otherwiseauthorized by law.

(n)        A notary shall notclaim to have powers, qualifications, rights, or privileges that the office ofnotary does not provide, including the power to counsel on immigration matters.

(o)        Before signing anotarial certificate and except as provided in this subsection, a notary shallcross out or mark through all blank lines or spaces in the certificate.However:

(1)        Notwithstanding theprovisions of this section, a notary shall not be required to complete, crossout, or mark through blank lines or spaces in the notary certificate formprovided for in G.S. 47‑43 indicating when and where a power of attorneyis recorded if that recording information is not known to the notary at thetime the notary completes and signs the certificate;

(2)        A notary's failureto cross out or mark through blank lines or spaces in a notarial certificateshall not affect the sufficiency, validity, or enforceability of the certificateor the related record; and

(3)        A notary's failureto cross out or mark through blank lines or spaces in a notarial certificateshall not be grounds for a register of deeds to refuse to accept a record forregistration. (1866,c. 30; 1879, c. 128; Code, s. 3307; Rev., ss. 2350, 2351a, 2352; C.S., ss.3175, 3177, 3179; 1951, c. 1006, s. 1; 1953, c. 836; 1961, c. 733; 1967, c. 24,s. 22; c. 984; 1973, c. 680, s. 1; 1977, c. 375, s. 5; 1991, c. 683, s. 2; 1998‑228,s. 5; 2001‑450, s. 2; 2001‑487, s. 121; 2005‑391, s. 4; 2006‑59,ss. 6‑12; 2006‑199, s. 1.)