Notary Public Act (NPA) CH 10B Flashcards
NPA 10B-31 Maximum fees paid to notary for notarial acts
1) For acknowledgments, jurats, verifications or proofs, five dollars ($5.00) per principal signature.
2) (2) For oaths or affirmations without a signature, five dollars ($5.00) per person, except for an oath or affirmation administered to a credible witness to vouch for the identity of a principal or subscribing witness
3) Mileage and travel expenses are not allowed to be charged.
NPA 10B-118 Maximum fees paid to notary (for electronic notarial cts)
For performing electronic notarial acts, the maximum fees that may be charged by an electronic notary are as follows:
(1) For acknowledgments, $10.00 per signature.
(2) For jurats, $10.00 per signature.
(3) For verifications or proofs, $10.00 per signature.
(4) For oaths or affirmations, $10.00 per signature.
10B-13 Notary Public Application fee
Every applicant for a notary commission shall pay to the Secretary a nonrefundable application fee of fifty dollars ($50.00).
10B-31
Fee to register of deeds for administering the notary public oath of office: $10.
10B-108
The fee payable to the Secretary for registering or reregistering as an electronic notary is fifty dollars ($50.00), which shall be in addition to the fee required in G.S. 10B-13
10B - 137
The Secretary may charge ten dollars ($10.00) for issuing an electronic certificate of authority.
NOTARY PUBLIC CERTIFICATES
By making or giving a notarial certificate, whether or not stated in the certificate, a notary certifies to all of the following:
1. At the time the notarial act was performed and the notarial certificate was signed by the notary:
1) Notary was lawfully commissioned,
2) Notary’s commission had neither expired nor been suspended.
3) The notarial act was performed within the geographic limits of the notary’s commission, and
4) The notarial act was performed in accordance with the provision of Notary Public Act.
- If the notarial certificate is for an acknowledgment or the administration of an oath or affirmation, the person whose signature was notarized did not appear in the judgment of the notary to be incompetent, lacking in understanding of the nature and consequences of the transaction requiring the notarial act, or acting involuntarily, under duress, or undue influence.
- The notary was not prohibited from acting under G.S. 10-20(c): A notary shall not perform a notarial act if any of the following apply:
1) The principal or subscribing witness is not in the notary’s presence at the time the notarial act is performed. However, nothing in this Chapter shall require a notary to complete the notarial certificate attesting to the notarial act in the presence of the principal or subscribing witness.
2) The principal or subscribing witness is not personally known to the notary or identified by the notary through satisfactory evidence.
3) The credible witness is not personally known to the notary.
4) Generally, the notary is a signer of, party to, or beneficiary of the record, that is to be notarized. (There are some exceptions.)
10B-41 Notarial certificate for an acknowledgment
- Identifies the state and county in which the acknowledgment occurred.
- Names the principal who appeared in person before the notary.
- Indicates that the principal appeared in person before the notary and the principal acknowledged that he or she signed the record.
- States the date of the acknowledgment.
- Contains the signature and seal or stamp of the notary who took the acknowledgment.
- States the notary’s commission expiration date.
10B-42 Notarial certificate for a verification or proof of a signature of a principal by subscribing witness
- Identifies the state and county in which the verification or proof occurred.
- Names the subscribing witness who appeared in person before the notary.
- Names the principal whose signature on the record is to be verified or proven.
- Indicates that the subscribing witness certified to the notary under oath or by affirmation that the subscribing witness is not a party to or beneficiary of the transaction, signed the record as a subscribing witness, and either
(i) witnessed the principal sign the record, or
(ii) witnessed the principal acknowledge the principal’s signature on the record. 5. States the date of the verification or proof. - Contains the signature and seal or stamp of the notary who took the verification or proof.
- States the notary’s commission expiration date.
10B-42.1 Notarial certificate for a verification of nonsubscribing witness
- Identifies the state and county in which the verification or proof occurred.
- Names the nonsubscribing witness who appeared in person before the notary.
- Names the principal or subscribing witness whose signature on the record is to be verified or proven.
- Indicates that the nonsubscribing witness certified to the notary under oath or by affirmation that the nonsubscribing witness is not a party to or beneficiary of the transaction and that the nonsubscribing witness recognizes the signature of either the principal or the subscribing witness and that the signature is genuine.
- States the date of the verification or proof.
- Contains the signature and seal or stamp of the notary who took the verification or proof.
- States the notary’s commission expiration date.
10B-43 Notarial certificate for an oath or affirmation
- Names the principal who appeared in person before the notary unless the name of the principal otherwise is clear from the record itself.
- Indicates that the principal who appeared in person before the notary signed the record in question and certified to the notary under oath or by affirmation as to the truth of the matters stated in the record.
- States the date of the oath or affirmation.
- Contains the signature and seal or stamp of the notary who took the oath or affirmation.
- States the notary’s commission expiration date.
GS 53C-6-13 (a) Safe deposit boxes unpaid rentals (as it relates to notaries public)
Generally, if the rental due on a safe deposit box is 90 days or more past due, the bank may send a notice to the lessee stating that the safe deposit box will be opened and its contents stored at the expense of the lessee unless payment of the rental is made within 30 days of the date of the mailing. If the rental is not paid within the stated period, the box may be opened in the presence of an officer of the bank and of a notary public who is not a director, officer, employee, or shareholder of the bank.
Inventory of the box
The contents shall be:
1. sealed in a package by the notary public, who shall write on the outside the name of the lessee and the date of the opening.
2. The notary public shall execute a certificate reciting the name of the lessee, the date of the opening of the box, and a list of its contents.
The certificate shall be included in the package, and a copy of the certificate shall be sent by registered mail or certified mail, return receipt requested, to the last known address of the lessee or by the means otherwise previously agreed to in writing by the lessor bank and the lessee. The package then shall be placed in the general vaults of the bank at a rental not exceeding the rental previously charged for the box.
If the contents of the safe deposit box have not been claimed within two years, the bank may send a further notice stating that unless the accumulated charges are paid within 30 days of the date of the mailing of the notice, the contents of the box will be delivered to the State Treasurer as abandoned property under the provisions of Chapter 116B of the General Statutes.
Court Reporter’s Certification NC GS 1A-1 - Rule 30
f) Certification by person administering the oath; exhibits; copies. –
The person administering the oath shall certify that the deponent was duly sworn by him and that the deposition is a true record of the testimony given by the deponent.
This certificate shall be in writing and accompany the sound-and-visual or sound recording or transcript of the deposition.
He shall then place the deposition in an envelope or package endorsed with the title of the action and marked “Deposition of (here insert name of witness)” and shall personally deliver it or mail it by first class mail to the party taking the deposition or his attorney who shall preserve it as the court’s copy.
Voting Absentee Ballots NC Gen Stat 163-231
163-231. Voting absentee ballots and transmitting them to the county board of elections.
(a) Procedure for Voting Absentee Ballots. - In the presence of two persons who are at least 18 years of age, the voter shall require two persons in whose presence the voter marked that voter’s ballots to sign the application and certificate as witnesses and to indicate those persons’ addresses.
**Alternatively to the prior paragraph of this subsection, any requirement for two witnesses shall be satisfied if witnessed by one notary public. **
The notary shall affix a valid notarial seal to the envelope, and include the word “Notary Public” below his or her signature.
NPA 10B-1
This Article is the “_________Act” and may be cited by that name.
Notary Public Act (NPA)
10B-2
T/F? One of the stated purposes of the Notary Public Act (NPA) is to enhance interstate recognition of notarial acts.
TRUE
The NPA is intended to promote public interests, simplify, clarify, and modernize the law governing notaries, prevent fraud and forgery, foster ethical conduct, enhance interstate recognition of notarial acts, and integrate procedures for traditional paper and electronic notarial acts.
