General Counsel Manual

Personal Appearance Practice Tips

Practice Tip: Do not ask a Notary Public to notarize a document without the principal appearing in person before the notary. There is one limited exception when the appearance of an individual other than the principal is allowed - for a verification or proof as defined in G.S. § 10B-3(28). The reason is that a Notary may be found guilty of misconduct if he or she performs a notarial act without the personal appearance of the person. That could mean either administrative penalties for the notary or criminal penalties. In addition, you may commit a crime if you knowingly solicit, coerce, or in a material way influence a notary to commit official misconduct. G.S. § 10B-60(j).

Practice Tip: Do not ask a Notary Public to notarize a document for someone who is not present because you (or the Notary) think you recognize the signature. The reason is that a Notary may be found guilty of misconduct if he or she performs a notarial act without the personal appearance of the person.

Practice Tip: Plan ahead. Do not ask a Notary Public to notarize a document for someone who is on the telephone or visible over the Internet by the Notary. The reason is that a Notary may be found guilty of misconduct if he or she performs a notarial act without the personal appearance of the person. “Personal appearance” before the notary means just that – being in the same room at the same time.

Practice Tip: Plan ahead. Do not ask a Notary Public to administer the oath to a witness in a video deposition where the witness is not in the room with the Notary (being on the video screen does not count). The reason is that a Notary may be found guilty of misconduct if he or she performs a notarial act without the personal appearance of the person. “Personal appearance” before the notary means just that – being in the same room at the same time.

Document Practice Tips

Practice Tip: Do not ask a Notary Public to certify that something is a true copy of a document. The reason is that certifying true copies is not something North Carolina law allows notaries public to do. North Carolina law allows notaries to do the acts specified in G.S. § 10B-20. The notary may be found guilty of misconduct if he or she certifies a true copy of a document. That could mean either administrative penalties for the notary or criminal penalties. In addition, you may commit a crime if you knowingly solicit, coerce, or in a material way influence a notary to commit official misconduct. G.S. § 10B-60(j).

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