Notary

An electronic notarization is an official act (acknowledgement, verification, proof, etc.) performed by an electronic notary public using their electronic seal and electronic signature on electronic documents.

An electronic signature is a symbol or process attached to or logically associated with an electronic document and executed or adopted by a person with the intent to sign the document. Common electronic signatures are in the form of an “I accept” button or a statement such as, “By clicking the submit button I agree to these terms and conditions”, on an online form. Other forms include signing on an electronic signature pad, as are offered at many retail stores.

The electronic notary signature is a unique, independently verifiable image of the electronic notary’s handwritten signature, that is retained under the electronic notary’s sole control and is attached or logically associated with the document, linking the data in such a manner that any subsequent alterations to the underlying document or electronic notary certificate are observable through visual examination

The electronic notary seal is a unique, independently verifiable image with a border containing the electronic notary’s name exactly as commissioned, the words “Electronic Notary Public”, the words “North Carolina” or “N.C.”, and the county of commission including the word “County” or “Co.”. The physical appearance of the seal replicates the appearance of an inked seal on paper and shall appear on any visual or printed representation of the electronic notary certificate. The electronic notary seal is attached or logically associated with the document, linking the data in such a manner that any subsequent alterations to the underlying document or electronic notary certificate are observable through visual examination. The seal must also be retained under the electronic notary’s sole control.

The only difference is the tools that are used to perform the notarial act. All aspects of the notarization remain the same, including requirement for personal appearance, positive identification of the principal, completion of the notarial certificate and affixing the electronic signature and seal.

• Hold a valid commission as a notary public in the State of North Carolina
• Purchase the Electronic Notarization Manual
• Take a three hour electronic notary course of instruction
• Pass the electronic notary exam with a score of 80% or better
• Submit an electronic registration form containing no significant misstatement or omission of fact

• Obtain a North Carolina notary commission
• Register to take the Electronic Notarization Course at your local community college
• Take the electronic notary course and pass the exam with a score of 80% or higher
• Complete the registration to become an electronic notary form online.
• Print and sign the registration form and have it notarized by a valid notary
• Send the notarized registration form to the Department of Secretary of State along with a $50 registration fee to:
  NC Secretary of State
  PO Box 29626
  Raleigh, NC 27626
• Receive the Electronic Notary Oath Notification Letter from the Department of Secretary of State, which you then take with you to the Register of Deeds office
• Take your oath at the Register of Deeds Office within 45 days of the Electronic Notary commission issue date
• Obtain the Electronic Notary Certificate to Perform Electronic Notarizations from the Register of Deeds.
• Present the Electronic Notary Certificate to Perform Electronic Notarizations to an approved electronic notary solution provider listed on our website to purchase an electronic notary signature and seal.

All electronic notarization solutions including electronic signatures and seals may be obtained only from the Electronic Notary Solution Providers authorized by the N.C. Department of Secretary of State. The list of authorized electronic notary solutions can be found on our website.

The electronic notary commission will expire on the same date the notary’s regular commission expires. The electronic notary commission will need to be renewed at the same time the notary commission is renewed.

Yes. A three hour course of instruction on eNotarization is required. An exam will be administered after the course and must be passed with a score of at least 80%.

For performing electronic notarial acts, the maximum fees that may be charged by an electronic notary are as follows:

• For acknowledgments, $10.00 per signature.
• For jurats, $10.00 per signature.
• For verifications or proofs, $10.00 per signature.
• For oaths or affirmations, $10.00 per signature

and the electronic notary shall be in each other's physical presence during the entire electronic notarization so that the principal and the electronic notary can see, hear, communicate with, and give identification documents to each other without the use of electronic devices such as phones, computers, video cameras, or facsimile machines.

No. Electronic notaries must require face to face personal appearance for every electronic notarization, just as they do for a paper-based notarial act.

List of all pertinent laws, and rules governing electronic notarization and eCommerce in North Carolina.

The following types of notarial acts may be performed electronically:

• Acknowledgments;
• Jurats;
• Verifications or proofs; and
• Oaths or affirmations.

Yes. Article IV, Section 1 of the United States Constitution, commonly known as the Full Faith and Credit Clause, addresses the duties states have to respect and enforce the laws of other states. The full faith and credit clause means that states shall give “full faith and credit” to lawful acts performed in another state. Therefore, a lawfully performed electronic notarization performed in North Carolina will be given full legal effect in another state, regardless of whether that state permits electronic notarizations within its borders.

The cost will vary from one solution provider to another. Note that authorization of an electronic notary solution by the Department of Secretary of State is NOT an endorsement by the State. Authorization means that the solution has met our technical and legal standards.

A list of all of the authorized solutions is available on our website. Note that authorization of an electronic notary solution by the Department of Secretary of State is NOT an endorsement by the State. Authorization means that the solution has met our technical and legal standards.

The fee payable to the Secretary for registering or re-registering as an electronic notary is fifty dollars ($50.00), which shall be in addition to the fee required in G.S. 10B-13. All funds received by the Secretary under this section shall be deposited into the General Fund. (2005-391, s. 4.)

The Secretary may require an electronic notary to create and to maintain a record, journal, or entry of each electronic notarial act as of June 1, 2007. However, it is strongly recommended as a “best practice” that all notaries voluntarily keep a journal to record all official notarial acts.

No. The name used on the initial notary commission is the same one a notary must use to register their capability to perform electronic notarizations.

The method of positive identification is the SAME in both paper-based and electronic notarial acts. You must identify the principal signer through one of the methods set out below.

Satisfactory evidence – Identification of an individual based on either of the following:

• At least one current document issued by a federal, state, or federal or state-recognized tribal government agency bearing the photographic image of the individual's face and either the signature or a physical description of the individual.
• The oath or affirmation of one credible witness who personally knows the individual seeking to be identified.

Return old or expired seals to the Department for disposal.

Certified Mail sent to

Hand delivery or by delivery service to

The notary law has at least one provision that could lead to criminal charges for failing to turn in a notary seal once you are no longer commissioned. N.C.G.S. 10B-60(f) says that 'Any person who without authority conceals the seal is guilty of a Class I felony'.

No, a notary can’t certify a document as a true copy.

Yes. A North Carolina notary public may notarize documents in any North Carolina county.

We will investigate. The notary will have a chance to present his or her side. If we find that the notary violated the law, we can:

• Send the notary back to class
• Warn the notary
• Restrict the notary’s commission
• Suspend the notary’s commission
• Revoke the notary’s commission
• Prosecute the notary for a misdemeanor or felony.

Under the Notary Act, notaries can be charged with both misdemeanors and felonies. A list of violations that are crimes is available on our website. Some crimes committed by notaries may also violate other laws.

Yes, but the notarial certificate must be in English.

We may take up to 2 weeks to process your application if it is complete and correct. It may take longer if it is not complete or if it is incorrect.

You can’t apply for reappointment earlier than 10 weeks before your commission expires.

Yes, you will have to take and pass a test before you can be reappointed.

You have to get at least 80% of the questions right to pass the reappointment exam.

Yes, there are 2 groups of people who don’t have to take the test to get reappointed. You don’t have to take the reappointment test if you:

• Are a licensed member of the North Carolina State Bar or
• Are a notary who’s had a North Carolina commission since July 10, 1991, and it has never lapsed and you have never been disciplined by us.

You can take the test online at our website.

You can take the exam 3 times in 30 days.

You will have to take the Notary Public course over again.

You can:

• Order it online at https://www.sog.unc.edu
• Email [email protected]
• Write to: School of Government, UNC Chapel Hill, CB #3330, Knapp-Sanders Building, Chapel Hill, NC 27599-3330;
• Call 919-966-4119; or
• Contact a bookstore in your area or at a local community college.

Yes, you need to:

• Submit a signed notice of change form to us within 45 days of the change.
• Take the oath of office at the Register of Deeds office in your commission county within 45 days after you get the oath notification letter from us.
• Get a new seal.
• Return your old seal to us by certified mail, return receipt requested.

If you don’t follow the name change steps, we can discipline you.

You must submit a signed letter to us including a date of resignation. Within 45 days of resigning, you have to send your seal or stamp to us by certified mail, return receipt requested. You can also hand deliver it to us when our office is open to the public. We will dispose of your stamp or seal.

No, you can’t notarize a document without notarial wording.

If you are not a licensed attorney, you can’t decide what kind of notarial act or certificate to use if the person didn’t provide one. If you are a licensed attorney, you can decide what kind of notarial act or certificate to use if the person didn’t provide one.

Yes, you can offer a selection of certificates.

You can call DMV at 919-715-7000. Or, you can go to the DMV website at https://www.ncdot.gov/dmv/Pages/default.aspx.