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Frequently Asked Questions

Q: What are the 5 steps for a proper notarization?

  1. Require personal appearance.

  2. Check over the document.

  3. Carefully identify the signer.

  4. Record your journal entry.

  5. Complete the notarial certificate.

Q: What forms of identification are acceptable?

Acceptable Forms of Identification in North Carolina are:

1. Driver’s license or identification card issued by the North Carolina Department of Motor Vehicles

2. U.S. passport issued by the U.S. Department of State

3. Foreign passport if stamped by the U.S. Citizenship and Immigration (USCIS)

4.Driver’s license or ID issued by another U.S. state or territory
5. Driver's license issued in Mexico or Canada
6. U.S. military ID
7. An inmate identification card issued on or after 1/1/91, by North Carolina Department of Corrections or Federal Bureau of Prisons, to identify prisoners in custody
8. A sworn, written statement from a law enforcement officer explaining that an inmate's IDs were confiscated upon incarceration, and the person named in the document is the person whose signature is to be notarized
9. An identification card issued by the U.S. Citizenship and Immigration Services (USCIS)

Q: What is a Notary Public?

A Notary Public is a person authorized to perform certain legal formalities, especially to draw up or certify contracts, deeds, and other documents for use in other jurisdictions.

Q: What is a Signing Agent?

A Signing Agent is a Notary who has been trained to handle loan documents. Lenders and title companies hire Signing Agents as independent contractors to assist in the last step of the loan process.

Q: May a Notary give legal advice or draft legal documents?

No, all states prohibit anyone but an attorney from giving legal advice or drafting legal documents.

Q: When a Notary Public cannot complete a notarization?

•  A notary cannot officiate if the document signer is not physically present.

•  A notary cannot officiate if the document contains missing pages or blanks that should be complete at the time of notarization.

•  The document cannot be dated later than the day of notarization.

•  A notary cannot post-date a notarial certificate. 

•  A notary cannot sign/seal a blank notarial certificate.

•  A notary cannot proceed with notarization if the signer cannot be positively identified through personal knowledge or satisfactory evidence of identification. 

•  A notary cannot proceed if the document is not “original,” bearing the signer’s original, wet-ink signature (not a photocopy or fax of a signed document).

•  A notary cannot proceed if the required notarial act is not indicated by the document, the signer or someone connected to the document.

•  Notaries cannot authenticate or validate objects.

•  A notary cannot advertise services in a foreign language without a disclaimer explaining that he/she is not an attorney.

•  Notaries cannot translate the English words, “notary public” into any other language for purposes of advertising notarial services or for any other purpose.

•  Notaries cannot sign with any name or initials other than the name or initials that appear on their official commission certificate issued by their state authority.

•  A notary cannot proceed with notarization if the signer appears confused or mentally incapable of understanding the transaction.

•  A notary cannot proceed with notarization if he/she is a named party in the transaction, or if he/she will derive a financial or material benefit. 

•  A notary may not alter a notarial certificate after the notarial act is complete. 

•  A notary may not fill out a notarial certificate with information that the notary knows is false.

•  A notary may not certify the accuracy of a translation. 

•  A notary may not proceed with notarization if he/she thinks or knows the transaction is illegal.

•  A notary may not proceed with notarization in situations that may or will compromise the notary’s impartiality.

•  Notaries may not notarize their own signature.

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Legal Disclaimer: I am not an attorney and cannot by law provide legal advice

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