{"data":{"id":"us-nc/n.c.-gen.-stat.-10b-3","jurisdiction":"us-nc","citation":"N.C. Gen. Stat. § 10B-3","heading":"Definitions.","body":"The following definitions apply in this Chapter:\n(1)\tAcknowledgment. - A notarial act in which a notary certifies that at a single time and place all of the following occurred:\na.\tAn individual appeared in person before the notary and presented a record.\nb.\tThe individual was personally known to the notary or identified by the notary through satisfactory evidence.\nc.\tThe individual did either of the following:\ni.\tIndicated to the notary that the signature on the record was the individual's signature.\nii.\tSigned the record while in the physical presence of the notary and while being personally observed signing the record by the notary.\n(2)\tAffirmation. - A notarial act which is legally equivalent to an oath and in which a notary certifies that at a single time and place all of the following occurred:\na.\tAn individual appeared in person before the notary.\nb.\tThe individual was personally known to the notary or identified by the notary through satisfactory evidence.\nc.\tThe individual made a vow of truthfulness on penalty of perjury, based on personal honor and without invoking a deity or using any form of the word \"swear\".\n(3)\tAttest or attestation. - The completion of a certificate by a notary who has performed a notarial act.\n(4)\tCommission. - The empowerment to perform notarial acts and the written evidence of authority to perform those acts.\n(5)\tCredible witness. - An individual who is personally known to the notary and to whom all of the following also apply:\na.\tThe notary believes the individual to be honest and reliable for the purpose of confirming to the notary the identity of another individual.\nb.\tThe notary believes the individual is not a party to or beneficiary of the transaction.\n(6)\tDepartment. - The North Carolina Department of the Secretary of State.\n(7)\tDirector. - The Division Director for the North Carolina Department of the Secretary of State Notary Public Section.\n(7a)\tEmergency video notarization. - An acknowledgement, affirmation, or oath notarization completed by a notary in compliance with the requirements of G.S. 10B-25. Emergency video notarization shall not include a verification proof as defined in G.S. 10B-3(28).\n(8)\tJurat. - A notary's certificate evidencing the administration of an oath or affirmation.\n(9)\tMoral turpitude. - Conduct contrary to expected standards of honesty, morality, or integrity.\n(10)\tNickname. - A descriptive, familiar, or shortened form of a proper name.\n(11)\tNotarial act, notary act, and notarization. - The act of taking an acknowledgment, taking a verification or proof or administering an oath or affirmation that a notary is empowered to perform under G.S. 10B-20(a).\n(12)\tNotarial certificate and certificate. - The portion of a notarized record that is completed by the notary, bears the notary's signature and seal, and states the facts attested by the notary in a particular notarization.\n(13)\tNotary public and notary. - A person commissioned to perform notarial acts under this Chapter. A notary is a public officer of the State of North Carolina and shall act in full and strict compliance with this act.\n(14)\tOath. - A notarial act which is legally equivalent to an affirmation and in which a notary certifies that at a single time and place all of the following occurred:\na.\tAn individual appeared in person before the notary.\nb.\tThe individual was personally known to the notary or identified by the notary through satisfactory evidence.\nc.\tThe individual made a vow of truthfulness on penalty of perjury while invoking a deity or using any form of the word \"swear\".\n(15)\tOfficial misconduct. - Either of the following:\na.\tA notary's performance of a prohibited act or failure to perform a mandated act set forth in this Chapter or any other law in connection with notarization.\nb.\tA notary's performance of a notarial act in a manner found by the Secretary to be negligent or against the public interest.\n(16)\tPersonal appearance and appear in person before a notary. - An individual and a notary are in close physical proximity to one another so that they may freely see and communicate with one another and exchange records back and forth during the notarization process.\n(17)\tPersonal knowledge or personally know. - Familiarity with an individual resulting from interactions with that individual over a period of time sufficient to eliminate every reasonable doubt that the individual has the identity claimed.\n(18)\tPrincipal. - One of the following:\na.\tIn the case of an acknowledgment, the individual whose identity and due execution of a record is being certified by the notary.\nb.\tIn the case of a verification or proof, the individual other than a subscribing witness, whose:\ni.\tIdentity and due execution of the record is being proven; or\nii.\tSignature is being identified as genuine.\nc.\tIn the case of an oath or affirmation, the individual who makes a vow of truthfulness on penalty of perjury.\n(19)\tRecord. - Information that is inscribed on a tangible medium and called a traditional or paper record.\n(20)\tRegular place of work or business. - A location, office or other workspace, where an individual regularly spends all or part of the individual's work time.\n(21)\tRevocation. - The cancellation of the notary's commission stated in the order of revocation.\n(22)\tSatisfactory evidence. - Identification of an individual based on either of the following:\na.\tAt least one current document issued by a federal, state, or federal or state-recognized tribal government agency bearing the photographic image of the individual's face and either the signature or a physical description of the individual.\nb.\tThe oath or affirmation of one credible witness who personally knows the individual seeking to be identified.\n(23)\tSeal or stamp. - A device for affixing on a paper record an image containing a notary's name, the words \"notary public,\" and other information as required in G.S. 10B-37.\n(24)\tSecretary. - The North Carolina Secretary of State or the Secretary's designee.\n(25)\tRepealed by Session Laws 2006-59, s. 1, effective October 1, 2006, except as otherwise set forth in the act, and applicable to notarial acts performed on or after October 1, 2006.\n(26)\tSubscribing witness. - A person who signs a record for the purpose of being a witness to the principal's execution of the record or to the principal's acknowledgment of his or her execution of the record. A subscribing witness may give proof of the execution of the record as provided in subdivision (28) of this section.\n(27)\tSuspension and restriction. - The termination of a notary's commission for a period of time stated in an order of restriction or suspension. The terms \"restriction\" or \"suspension\" or a combination of both terms shall be used synonymously.\n(28)\tVerification or proof. - A notarial act in which a notary certifies that all of the following occurred:\na.\tAn individual appeared in person before the notary.\nb.\tThe individual was personally known to the notary or identified by the notary through satisfactory evidence.\nc.\tThe individual was not a party to or beneficiary of the transaction.\nd.\tThe individual took an oath or gave an affirmation and testified to one of the following:\ni.\tThe individual is a subscribing witness and the principal who signed the record did so while being personally observed by the subscribing witness.\nii.\tThe individual is a subscribing witness and the principal who signed the record acknowledged his or her signature to the subscribing witness.\niii.\tThe individual recognized either the signature on the record of the principal or the signature on the record of the subscribing witness and the signature was genuine. (1991, c. 683, s. 2; 1998-228, s. 2; 2005-391, s. 4; 2006-59, s. 1; 2020-3, s. 4.1(a).)","path":["Chapter 10B. Notaries.","Article 1. Notary Public Act.","Part 1. General Provisions."],"source_url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_10B/GS_10B-3.html","current_through":"S.L. 2026-30","vintage":"","retrieved_at":"2026-08-27T17:56:12Z","sha256":"a0942b0e3eb32118fe36e75a8a5b2148050299b815613af1b7c4c67fddd4812b","source_id":"us-nc","stale":false,"prev":"us-nc/n.c.-gen.-stat.-10b-2","next":"us-nc/n.c.-gen.-stat.-10b-4"},"notice":"GroundRules: Original legal text. Not legal advice."}