The Register Of Deeds office administers oaths for Notaries in Brunswick County, and works in cooperation with the N.C. Secretary of State to promote, serve, and protect the Public interests to simplify, clarify, and modernize laws governing Notaries.

Purpose of the Notary Law

1. To promote, serve, and protect the public interest.
2. To simplify, clarify, and modernize the law governing notaries.
3. To prevent fraud and forgery.
4. To foster ethical conduct among notaries.
5. To enhance interstate recognition of notarial act.
6. To integrate procedures for traditional paper and electronic notarial acts.

Eligibility

To become a Notary Public, an applicant must meet the provisions of North Carolina law (chapter 10 B) enacted 2005 (effective Dec. 1, 2005) including but not limited to those listed below.

1. Reside legally in the United States.
2. Speak, read, and write the English language.
3. Possess a high school diploma or its equivalent.
4. Be at least 18 years of age.
5. Reside or have a regular work or business in this state.
6. Pass a course of instruction of a minimum of 6 contact hours, unless a licensed member of the N.C. Bar.
7. Purchase and keep as a reference the most recent approved manual.
8. Submit an Application For North Carolina Notary Public form.
9. No convictions or pleas of admission of nolo contendere to a felony or any crime involving, dishonesty or moral turpitude.
10. A finding by a state bar or court that the applicant has engaged in the unauthorized practive of law.
11. No revocations, suspensions, restrictions, or denial of a notarial commission or professional license by this or any other state or nation.
12. No findings or admissions of liability against the applicant in a civil lawsuit based on deceit.
13. No findings that applicant has engaged in official misconduct, whether or not disciplinary action resulted.

The application must contain the written recommendation from a publicly elected official (unless county has more than 15,000 active notaries).

Application

1. Every applicant for a notary commission shall pay to the Secretary of State a nonrefundable application fee of fifty dollars ($50.00).
2. Every applicant must pass a written examination approved by the Secretary of State and the Secretary may charge such fees as are reasonably necessary to pay the cost associated with developing and administering said examination.
3. A statement of the applicant's personal qualifications, applicant's declaration, applicant's original signature, all proven before a qualified person (notary).
4. Must contain the written recommendation of a publicly elected official, and a certificate or signed statement by the instructor evidencing successful completion of the course of instruction (excepting recommissions).

Length of term, Jurisdiction

• Five (5) years, unless the commission is earlier revoked or resigned.
• Only within the physical boundary of this state.

Oath of Office

• Notaries have only 45 days after commissioning to take oath in the Register of Deeds office; if later than 45 days, commission will be cancelled.
• Pay the prescribed oath fee of ten dollars ($10.00) to the Register of Deeds.

Recommissioning

Notaries' term of office is for five (5) years unless revoked or resigned.

• Notary may apply for re-commissioning no earlier that ten (10) weeks prior to expiration date.
• Submit an Application For Reappointment North Carolina Notary Public form.
• Meet the qualification as shown above.
• Pass a written examination (unless a licensed member of the N.C. State Bar).
• If notary does not apply for re-commissioning within one (1) year of expiration of commission, he/she must fulfill educational requirement again unless the Secretary of State waives such.

Limitations

A Notary is prohibited by law from performing a notarial act if the signer is not physically in the Notary's presence.

• The signer or subscribing witness is not personally known or identified (U.S. or State Photo ID) to the Notary.
• The signer or subscribing witness shows demeanor that causes the notary to have a compelling doubt about the consequences of the document being notarized.
• The signer of subscribing witness in the notary's judgment, is not acting of his or her own free will.
• The Notary is a signer or is named in the document.
• The Notary wil receive directly from the transaction any commission, fees, advantage, right, title, interest, cash, property, or other consideration. HOWEVER, Notary may charge fees as prescribed by law; licensed attorneys, real estate broker or salesperson, bankers, motor vehicle dealers can receive fees or other consideration paid for services rendered.
• A Notary shall not claim to have powers, qualifications, rights, or privileges to render advise, give legal opinions, prepare or choose notarial certificates, unless a member of the N.C. Bar.
• A Notary shall not notarize a signature on a record without a notarial certificate indicating what type of notarial act was performed.
• Shall not notarize a document, unless the notarial certificate is written in the English language.
• Shall not provide, recommend, or decide what type of notarial act or certificate need to be used unless an attorney licensed to practice law in NC.
• Before signing a notarial certificate, Notary shall cross out or mark through blank lines or spaces in notarial certificate except however other provisions of the law. G.S. 10B-14.(0)(1),(2),(3)

(Provided however, nothing shall prohibit a notary from offering the selection of certificate forms recognized by Chapter 10 or otherwise authorized by law.)

Fees

Notaries who charge for their notarial services shall conspicuously display in their place(s) of business, or present to each pricipal outside their place(s) of business an English-Language schedule of fees for notarial acts.

• For acknowledgements, jurats, verification or proofs, five dollars ($5.00) per principal signature.
• For oaths or affirmations without a signature (unless otherwise provided by law) five dollars ($5.00) per person, provided no fee for an oath or affirmation administered to a credible witness to vouch for a principal's identity.

Official Seal and Signature

1. A Notary shall keep an official seal or stamp, which shall have the Notary's name exactly as commissioned, the words "Notary Public", the county of commissioning, including the word "County of" or abbreviation "Co.", the words "North Carolina" or abbreviation "NC".
2. Seal may be either circular or rectangular in shape. Circular shall not be less than 1 1/2 inches, or more than 2 inches in diameter. Rectangular shall not be over 1 inch high and 2 1/2 inches long.
3. A Notary shall sign all documents notarized with his or her official signature, affix the official seal or stamp and include the Notary's commission expiration date.

Change of Address, Name, or County of Residence; or Voluntary Resignation

• Within 45 days after changing Name, Notary shall send to the Secretary of State by fax, e-mail, or certified mail, returned receipt requested, a signed notice of the change. Notary shall continue to use the former name and official seal or stamp in performing notarial acts until receipt of confirmation from Secretary's office.
• Within 45 days of changing both Name and County of Residence (within last commissioned) must submit to the Secretary of State a new application (Recommissioning) along with the fees as prescribed and take the Oath of office before the Register of Deeds of the new County of Residence.
• Notary Public Change of Name/Address form.
• A Notary that (moves only) to another County of residence in NC remains commissioned until current commission expires and may continue to notarize without changing his or her seal until Recommissioning.
• A Notary who resigns shall send to the Secretary of State by fax,e-mail, or certified mail, return receipt requested a signed notice including effective date, in addition Notaries who cease to reside in or to maintain a regular place of work or business in this state must resign, and also deliver their seals to the Secretary.

Contact Information

Contact information for the North Carolina Secretary of State, Notary Public Section: http://www.secretary.state.nc.us/notary/contact.asp.

Course Information

For information concerning the Notary Public course of instruction, contact Brunswick Community College at 910-755-7300 or 910-754-6900, or go to their website.

The Notary Public guidebook can be purchased from the college bookstore or from: