As North Carolina Secretary Elaine F. Marshall, puts it, “For generations, notaries have served as the front line of defense against document fraud and attempts at forgery. The work that notaries public do is rarely glamorous, but is so important that the highest courts in this nation routinely accept properly notarized documents as evidence in legal matters.” – 2016 edition of the North Carolina Notary Public Manual.
Under North Carolina General Statute Chapter 10B, state law outlines the qualifications and procedure for a person to become a notary. Upon meeting those requirements, a person is then sworn in as a Notary Public.
Although Notaries are relatively common, a Notary Public is a unique public official that not only helps prevent fraud but also is essential to maintaining the veracity of transactions and conveyances.
What is a Notary Public authorized to do?
In brief, a notary public is legally empowered to witness and authenticate documents, verify affidavits and depositions, administer oaths and affirmations, and perform certain other acts that are established by law.
The most common instances of when you might need a notary occurs when you buy or sell a home, as a notary will verify your identity and witness your signature on financial documents, contracts, and the property’s deed.
You might also encounter a notary if you are ever been deposed during ongoing litigation or if you have ever signed a unique contract that requires the verification of your identity.
Other types of documents and situations where a notary may be required:
- Witnessing the signing of contracts
- Witnessing the authorization of powers of attorney
- Witnessing documents that create trusts
- Taking statutory declarations
- Taking acknowledgements of deeds and other conveyances
An important note: Unless a notary is also an attorney, they are not permitted to provide legal advice. It is also worth noting that the list above isn’t all-inclusive.
Where can I find a Notary Public?
You have many options when seeking a Notary Public in North Carolina:
- Law firms are an option if you are a current client, such as Modern Legal.
- Your local bank will generally have a Notary Public on staff.
- The UPS Store, and other similar types of businesses, often have at least one Notary Public on staff.
- The N.C. Secretary of State’s website offers a search tool for finding a Notary Public near you.
Before the Covid-19 pandemic, you usually had to visit a notary in person. However, for safety reasons, the N.C. General Assembly has temporarily allowed virtual notarizations in certain circumstances. Additionally, some legal processes provide for notarizations to occur electronically, which is separate from virtual notarizations. Some notaries may also be qualified as eNotaries for these unique purposes.
