How To Become A Notary In Nc

This guide outlines the process, requirements, and responsibilities associated with becoming a Notary Public in North Carolina. Whether you are pursuing this role for professional advancement, community service, or entrepreneurial endeavors, understanding each step is crucial for a successful application and commission.

1. Eligibility Requirements

Before you even consider starting the application process, you must ensure that you meet the basic eligibility requirements set forth by the North Carolina General Statutes. These requirements are designed to ensure that only qualified individuals are entrusted with notarial powers.

• Age: You must be at least 18 years of age.
• Residency: You must reside in North Carolina or have a regular place of business or employment in North Carolina.
• Language Proficiency: You must be able to read, write, and understand the English language.
• Criminal Record: You must possess a good moral character and not have been convicted of a felony unless your rights of citizenship have been restored. Certain misdemeanors may also disqualify you.
• Education: You must possess a high school diploma or its equivalent.
• Legal Presence: You must be legally authorized to be in the United States.

Checklist for Eligibility:

• Are you at least 18 years old?
• Do you reside in NC or have a regular place of business/employment there?
• Can you read, write, and understand English?
• Do you have a clean criminal record (or rights restored)?
• Do you have a high school diploma or equivalent?
• Are you legally authorized to be in the U.S.?

2. Notary Education Course

North Carolina law mandates that all first-time applicants complete a mandatory Notary Public course approved by the Secretary of State. This course covers the legal, ethical, and procedural aspects of performing notarial acts in accordance with North Carolina law.

• Approved Providers: The Secretary of State maintains a list of approved notary education providers. You must enroll in and complete a course offered by one of these providers. A list is typically available on the Secretary of State’s website.
• Course Content: The course covers topics such as:
  • Notary law and ethics
  • Proper identification procedures
  • Administering oaths and affirmations
  • Taking acknowledgments and verifications
  • Recordkeeping requirements
  • Liability and penalties
• Certificate of Completion: Upon successful completion of the course, you will receive a certificate of completion. This certificate is a required document for your notary application.
• Course Duration: The mandatory education is a minimum of six (6) hours.

3. Application Process

Once you’ve met the eligibility requirements and completed the notary education course, the next step is to formally apply for your commission. The application process is done online through the NC Department of the Secretary of State’s website.

1. Online Application: Access the online notary application portal on the Secretary of State’s website.
2. Application Form: Complete the application form accurately and truthfully. You will need to provide personal information, residency details, educational background, and details about any criminal history.
3. Upload Documents: Upload the required documents, including:
   • A copy of your certificate of completion from the approved notary education course.
   • A copy of your high school diploma or equivalent.
   • Any other documents requested by the Secretary of State.
4. Application Fee: Pay the required application fee. The fee is non-refundable, even if your application is denied. As of October 2023, the fee is typically around $30.

4. Examination

After your application is reviewed and deemed complete, you will be required to pass an examination. This exam tests your knowledge of notary law, procedures, and ethics, as covered in the mandatory education course.

• Exam Format: The exam is generally multiple-choice.
• Exam Content: The exam questions are based on the North Carolina Notary Public Manual and the content covered in the mandatory education course.
• Scheduling: You will typically receive instructions on how to schedule your exam after your application has been approved. The exam is often administered by the approved education provider.
• Passing Score: You must achieve a passing score on the exam to be eligible for a notary commission.
• Retakes: If you fail the exam, you will likely be allowed to retake it. There may be a waiting period and an additional fee for retaking the exam.

5. Oath of Office

Upon passing the exam, you will be notified that you are eligible to take the oath of office. This oath is a formal declaration that you will faithfully discharge the duties of a Notary Public and uphold the laws of North Carolina.

• Administering the Oath: The oath is administered by the Clerk of Superior Court in the county where you reside or have your principal place of business.
• Oath Timing: You typically have a specific timeframe (e.g., 45 days) from the date of notification to take the oath. Failing to take the oath within this timeframe may require you to reapply.
• Record of Oath: The Clerk of Superior Court will maintain a record of your oath.
• Commission Effective Date: Your notary commission becomes effective once you have taken the oath and the Clerk of Court has recorded it.

6. Notary Supplies and Recordkeeping

Once commissioned, it’s your responsibility to obtain the necessary notary supplies and maintain proper records of your notarial acts. These are crucial for performing your duties effectively and protecting yourself from liability.

• Notary Seal: You must obtain a notary seal, which is a rubber stamp or embosser that includes your name, the words ‘Notary Public,’ and ‘North Carolina.’
• Notary Journal: You are required to maintain a notary journal (either paper or electronic) to record all notarial acts. The journal should include details such as the date, time, type of notarial act, name and address of the person whose signature was notarized, type of identification presented, and the fee charged.
• Record Retention: You must retain your notary journal for at least ten (10) years after the last notarial act recorded in it.

7. Continuing Education (Renewal)

A North Carolina Notary Public commission is valid for five (5) years. To renew your commission, you must apply for renewal before your current commission expires.

• Renewal Application: Complete the online renewal application through the Secretary of State’s website.
• Continuing Education (Possibly): Renewal applications may or may not require an additional education course. The requirement depends on the specific laws in effect at the time of renewal. Check the Secretary of State’s website for the most up-to-date information.
• Renewal Fee: Pay the required renewal fee, which is generally the same as the initial application fee.
• Oath of Office (Again): Upon approval of your renewal application, you will again be required to take the oath of office with the Clerk of Superior Court.

Cost Breakdown

Here’s an approximate breakdown of the costs associated with becoming a Notary Public in North Carolina:

Note: These are estimates, and actual costs may vary depending on the provider and vendor you choose.

Important Considerations

• Staying Updated: Notary laws and regulations are subject to change. It is your responsibility to stay informed about any updates or amendments to the North Carolina Notary Public Act.
• Liability: As a Notary Public, you are responsible for ensuring the integrity of the documents you notarize. Errors or negligence on your part can result in liability. Obtain Errors and Omissions (E&O) insurance for protection.
• Ethical Conduct: Maintain the highest standards of ethical conduct in all your notarial acts. Act impartially and avoid conflicts of interest.
• Unauthorized Practice of Law: Notaries Public are not authorized to provide legal advice or draft legal documents. Avoid engaging in any activities that could be construed as the unauthorized practice of law.

By carefully following these steps and adhering to the laws and regulations governing Notaries Public in North Carolina, you can successfully become a commissioned notary and provide valuable services to your community. Always consult the official website of the North Carolina Secretary of State for the most current and accurate information.

Frequently Asked Questions

What are the basic eligibility requirements to become a notary in NC?

You must be at least 18 years old, reside or have a place of business in NC, be proficient in English, have a clean criminal record, possess a high school diploma (or equivalent), and be legally authorized to be in the U.S.

Is a notary education course really required?

Yes, North Carolina law mandates that all first-time applicants complete a Notary Public course approved by the Secretary of State. This course covers vital legal and ethical aspects.

How long is a North Carolina Notary Public commission valid?

A commission is valid for five years. You must apply for renewal before your current commission expires to continue your notarial duties.

What is a Notary Seal and do I need one?

Yes, you need a Notary Seal. A notary seal is a rubber stamp or embosser that includes your name, the words ‘Notary Public,’ and ‘North Carolina’. You must obtain this once you are commissioned.