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Notary Public Information

The Pender County Register of Deeds office administers notary public oaths for Pender County notaries anytime between 8:00 a.m. and 5:00 p.m., Monday through Friday. The fee for administering the oath is $10.00. When you receive your certification from the Secretary of State's office, you must come in to the Register of Deeds office within 45 days to take your oath and sign the Notary book. If you do not take your oath within 45 days, your commission will be cancelled and you will then have to reapply for a commission, including submitting a new application and the applicable fee.

ELIGIBILITY

In order to become a notary public in the state of North Carolina an individual must meet all of the following requirement:

  1. Be at least 18 years of age or legally emancipated as defined in Article 35 of Chapter 7B of the General Statutes.
  2. Reside or have a regular place of work or business in this State.
  3. Reside legally in the United States.
  4. Speak, read, and write the English language.
  5. Possess a high school diploma or equivalent.
  6. Pass the course of instruction described in this Article, unless the person is a licensed member of the North Carolina State Bar.
  7. Purchase and keep as a reference the most recent manual approved by the Secretary that describes the duties and authority of notaries public.
  8. Submit an application containing no significant misstatement or omission of fact. The application form shall be provided by the Secretary and be available at the register of deeds office in each county. Every application shall include the signature of the applicant written with pen and ink, and the signature shall be acknowledged by the applicant before a person authorized to administer oaths.
  9. Obtain the recommendation of one publicly elected official in North Carolina and submit the recommendation with the application. The requirement of this subdivision shall not apply to any applicant who seeks to receive the oath of office from the register of deeds of a county where more than 15,000 active notaries public are on record on January 1 of the year when the application is filed.

     

The Secretary of State may deny an application for commission or recommission if any of the following apply to an applicant:

  1. Submission of an incomplete application or an application containing material misstatement or omission of fact.
  2. The applicant's conviction or plea of admission or nolo contendere to a felony or any crime involving dishonesty or moral turpitude. In no case may a commission be issued to an applicant within 10 years after release from prison, probation, or parole, whichever is later.
  3. A finding or admission of liability against the applicant in a civil lawsuit based on the applicant's deceit.
  4. The revocation, suspension, restriction, or denial of a notarial commission or professional license by this or any other state or nation. In no case may a commission be issued to an applicant within five years after the completion of all conditions of any disciplinary order.
  5. A finding that the applicant has engaged in official misconduct, whether or not disciplinary action resulted.
  6. An applicant knowingly using false or misleading advertising in which the applicant as a notary represents that the applicant has powers, duties, rights, or privileges that the applicant does not possess by law.
  7. A finding by a state bar or court that the applicant has engaged in the unauthorized practice of law.

     

COURSE INFORMATION

The notary course is offered in our area by Cape Fear Community College in Wilmington, NC. Please contact the Continuing Education Department at CFCC at 910-362-7170 for information regarding the next scheduled course offering.

GUIDEBOOK INFORMATION

As stated above each N.C. Notary Public is required by law to purchase and keep a copy of the most recent manual approved by the Secretary of State that describes the duties and authority of notaries public. The most recent edition is entitled Notary Public Guidebook for North Carolina Tenth Edition 2006 as updated and extensively revised by Charles Szypsak.

The guidebook may be purchased directly from the NC School of Government by contacting them at 919-966-4119 or by visiting their website www.sog.unc.edu . Additionally, the guidebook can also be purchased in the bookstore of Cape Fear Community College in Wilmington, NC.

INITIAL APPOINTMENT

Once an applicant has met all of the requirements listed above for eligibility they must then complete an Application for Appointment as a North Carolina Notary Public form. This form will be given to each student by their instructor after they successfully complete the notary course. Applicants for initial appointment should mail the completed form along with the applicable $50.00 fee (check or money order only) to the Notary Public Section, Office of the Secretary of State, Post Office Box 29626 , Raleigh , NC 27626-0626 within 3 months of taking the notary course. Once the application is processed by the Secretary of State a notice will be sent to the applicant instructing them to appear in the Register of Deeds Office to take their oath of office. There is a $10.00 fee for administering the oath.

RE-COMMISSIONING

Those individuals seeking reappointment as a notary public must submit a new Application for Appointment as a North Carolina Notary Public, meet all of the eligibility requirements for initial commissioning as Notary Public, pass a written (on-line) exam unless a licensed member of the N.C. State Bar, and pay a $50.00 appointment fee. The recommissioning process can completed via the internet by visiting www.secretary.state.nc.us/notary and following the link to the online reappointment link. A notary public may apply for re-commissioning no earlier than 10 weeks prior to their expiration date. For those who do not want to apply on-line the necessary forms may still be picked up from the Pender County Register of Deeds Office which is located at 300 E. Fremont St. Burgaw, NC 28425. Once a new commission has been issued the Office of the Secretary of State will notify the Notary to appear in the Register of Deeds Office to take their oath of office. North Carolina law mandates that the Register of Deeds shall collect a $10.00 fee for administering the oath.

CHANGES IN STATUS

North Carolina law requires that within 45 days a Notary must send the Secretary of State a signed notice of the legal name change by fax, e-mail, or certified mail… This notice shall include both the notary's former name and the notary's new name. This is done by submitting a North Carolina Notary Public Change of Name/Address/Contact Information Form. The Secretary of State shall upon receiving proper notification cancel the Notary's commission under the old name, issues the commission in the new name, and directs the notary to again appear before the Register of Deeds to take the oath. The notary must again pay the $10.00 fee to have the oath administered and also purchase a new seal.

North Carolina law requires that within 45 days a notary must send the Secretary of State notification of changes in the notary's residence, business, or any mailing address or telephone numbers by fax, e-mail, or certified mail. This is done by submitting an Application for North Carolina Notary Public Change of Name / Address form. If the notary moves from the county they were previously commissioned in they will be notified by the Secretary to appear before the Register of Deeds in their new county of residence to take the oath. The notary must again pay the $10.00 fee to have the oath administered and also purchase a new seal.

http://www.secretary.state.nc.us/Notary/

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