3 questions

Prohibited

May a North Carolina notary notarize a record in which the notary is named as a party?

  • a.Yes, for the $5 fee
  • b.No—the notary is disqualified by a direct interest
  • c.Yes, with a witness
  • d.Only electronically

A North Carolina notary may not notarize their own signature or a record in which the notary is a signer, is named, or has a direct financial or beneficial interest. Being named as a party disqualifies the notary; proceeding is misconduct that can void the act.

Prohibited

A non-attorney North Carolina notary advertises as a 'notario publico.' This is:

  • a.Encouraged
  • b.Required
  • c.Restricted, because it implies the ability to provide legal services
  • d.Only allowed for RON

North Carolina restricts a non-attorney notary from using 'notario publico,' which implies attorney-level authority in some countries. Giving legal advice, preparing legal documents, or choosing the certificate for the signer is likewise prohibited unauthorized practice of law.

Prohibited

A North Carolina notary signs a certificate stating a principal appeared when the principal did not. This is:

  • a.A false certificate and serious misconduct that can be a crime
  • b.Acceptable for acknowledgments
  • c.Fine if ID was emailed
  • d.Allowed if the fee is waived

Certifying that a principal personally appeared when they did not is a false certificate—serious misconduct in North Carolina that can lead to commission action, civil liability, and criminal charges. Personal appearance is a non-negotiable requirement.

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