North Carolina Administrative Code

18 NCAC 07C .0206 Requirements for Applicants regarding professional licenses, notarial commissions, and public offices A commission applicant who has applied for, holds, or has held a professional license, a notarial commission, or a public office, shall comply with 18 NCAC 07B …

18 NCAC 07C .0207 FINDINGS OR ADMISSIONS OF LIABILITY BASED ON APPLICANT'S DECEIT A commission applicant for whom, in a civil lawsuit, there has been a finding or admission of fault or liability based on the applicant's deceit shall include with the application: (1) a list of eac…

18 NCAC 07C .0208 findings that the applicant engaged in official misconduct A commission applicant who is, has previously been, or has acted in the capacity as a notary public of any locality, state, federally recognized tribe, or nation, and who has listed on the application fi…

18 NCAC 07C .0209 finding of unauthorized practice of law A commission applicant against whom a finding has been made that the applicant engaged in the unauthorized practice of law shall include with the application: (1) the name of the court or governmental agency, board, or com…

18 NCAC 07C .0210 FINDING OF FALSE OR MISLEADING ADVERTISING A commission applicant against whom a charge or finding has been made that as a notary public, the notary knowingly used false or misleading advertising that represents that the notary has powers, duties, rights, or pri…

SECTION .0300 – COURSE OF INSTRUCTION 18 NCAC 07C .0301 COURSES TAUGHT BY CERTIFIED NOTARY INSTRUCTORS An applicant for an initial notary commission shall successfully complete a notary course taught by a certified notary instructor before submitting an initial commission applica…

18 NCAC 07C .0303 PRESENTATION OF SATISFACTORY EVIDENCE OF IDENTITY IN CONNECTION WITH NOTARY COURSE A commission applicant who is not personally known to the certified notary instructor shall present satisfactory evidence of identity to the notary instructor: (1) before the cour…

18 NCAC 07C .0304 SATISFACTORY EVIDENCE PRESENTED TO INSTRUCTOR The satisfactory evidence of identity presented to a certified notary instructor pursuant to Rule .0303 of this Section shall match the applicant's name for use on a notary public commission. History Note: Authority …

18 NCAC 07C .0305 RETESTING A notary applicant who fails to achieve a passing grade on the notary course exam and who wishes to be commissioned as a notary public may retake the exam if: (1) the institution at which the course is taught permits retesting; and (2) the retest is ta…

SECTION .0400 - APPOINTMENT AND COMMISSIONING OF NOTARIES 18 NCAC 07C .0401 APPOINTMENT The Department shall appoint or reappoint an applicant to the office of notary public after reviewing the application submitted by the applicant and determining that: (1) the application is ac…

18 NCAC 07C .0402 Issuance of certificates The Department shall provide: (1) to the Register of Deeds in the county of the notary public's commissioning: (a) a certificate of appointment that includes the appointee's full legal name and the commission name of the appointee; and (…

18 NCAC 07C .0403 NOTICE TO APPOINTEE The Department shall send the appointee notice that: (1) the certificate of appointment has been issued; and (2) the appointee shall appear before the Register of Deeds in the county of commissioning and take the oath of office within 45 days…

18 NCAC 07C .0404 COMMISSION CERTIFICATE A commission certificate: (1) shall not be valid until the oath of office has been taken; and (2) shall include: (a) the appointee's name for use on a notary public commission; (b) the county of commissioning; (c) the beginning date of the…

18 NCAC 07C .0405 Satisfactory Evidence of Identity Before taking the oath of office, an appointee shall: (1) present satisfactory evidence matching the appointee's name on the certificate of appointment to the Register of Deeds, assistant Register of Deeds, or deputy Register of…

18 NCAC 07C .0406 register of deeds After administering the oath of office, the Register of Deeds, assistant Register of Deeds, or deputy Register of Deeds shall: (1) require that the notary public sign the certificate of appointment; (2) sign and date the certificate of appointm…

18 NCAC 07C .0407 performing traditional notarial acts No individual may perform a notarial act unless the individual has a valid commission certificate. History Note: Authority G.S. 10B-4; Eff. July 1, 2024.

18 NCAC 07C .0408 reserved for future codification

18 NCAC 07C .0409 term of COMMISSION The term of a notary public's commission shall be calculated from the date that the commission application is filed pursuant to 18 NCAC 07B .0312 unless Rule .0410 of this Subchapter applies. History Note: Authority G.S. 10B-4; Eff. April 1, 2…

18 NCAC 07C .0410 TERM OF REAPPOINTMENT COMMISSION A recommissioning notary public's five year term shall begin on the day following the expiration of the existing commission if: (1) the application for reappointment has been filed before the expiration of the existing commission…

18 NCAC 07C .0411 NOTARIAL ACTS PROHIBITED DURING GAPS BETWEEN COMMISSION TERMS A notary public shall not perform a notarial act after the expiration of the notary's commission until the notary has been reappointed and has taken the oath for a subsequent commission. History Note:…

section .0500 – remedies for failure to comply with application or commissioning requirements 18 NCAC 07C .0501 reserved for future codification

18 NCAC 07C .0502 late application A commission applicant for an initial appointment who submits an application more than three months after successfully completing the notary course shall comply again with the requirements for initial appointment in G.S. 10B-6 and the rules in t…

18 NCAC 07C .0503 reserved for future codification

18 NCAC 07C .0504 APPLICATION AFTER recommissioning DENIAL BASED ON FAILING EXAM An applicant for recommissioning whose application is denied due to failure to pass the recommissioning exam within the time frame established in Rule .0605 of this Subchapter may reapply by complyin…

18 NCAC 07C .0505 application for recommissioning within 12 months of commission expiration OR PURSUANT TO g.s. 10b-53 A notary public may seek recommissioning by complying with G.S. 10B-11 and the rules in this Subchapter if: (1) the notary's commission has expired and less than…

18 NCAC 07C .0506 RECOMMISSIONING EDUCATIONAL REQUIREMENT A notary public seeking recommissioning pursuant to Rule .0505 of this Section need not attend a notary course but shall pass the online recommissioning exam, unless the exception in G.S. 10B-11(b)(3) applies to the notary…

18 NCAC 07C .0508 CANCELLATION OF COMMISSION If the Department has not received notice from the Register of Deeds that an appointee took the oath within 45 days of the certificate of appointment issuance date, the Department shall: (1) cancel the commission; and (2) notify the ap…

18 NCAC 07C .0509 RESCIND CANCELLATION OF CERTIFICATE OF APPOINTMENT If a notary public presents the Department with the notary's valid commission certificate, the Department shall rescind the cancellation of the notary's commission previously made pursuant to Rule .0508 of this …

18 NCAC 07C .0510 CONFIRMATION OF NOTARY STATUS The Department shall confirm a notary public's commission status upon written request. History Note: Authority G.S. 10B-4; Eff. July 1, 2024.

section .0600 – steps for RECOMMISSIONING 18 NCAC 07C .0601 application steps for recommissioning A notary public seeking recommissioning within the time permitted by G.S. 10B-11 and the rules in this Subchapter shall submit the recommissioning application specified in 18 NCAC 07…

18 NCAC 07C .0602 METHOD OF TAKING RECOMMISSIONING EXAM The recommissioning exam shall be taken on the Department's website. History Note: Authority G.S. 10B-4; Eff. April 1, 2007; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 6,…

18 NCAC 07C .0603 COURSE AS ALTERNATIVE TO RECOMMISSIONING EXAM An applicant for recommissioning may comply with the rules in Section .0300 of this Subchapter as though the applicant were applying for an initial notary commission in lieu of taking or retaking the recommissioning …

18 NCAC 07C .0604 EXAM LENGTH AND PASSING SCORE A notary public seeking recommissioning and taking the recommissioning exam shall: (1) have 30 minutes to complete the recommissioning exam; and (2) achieve a passing score of at least 80 percent on the exam. History Note: Authority…

18 NCAC 07C .0605 RETAKING RECOMMISSIONING EXAM AFTER FAILURE If an applicant for recommissioning fails the recommissioning exam, the applicant may take the exam up to 2 additional times within 30 days of the date on which the exam is first taken. History Note: Authority G.S. 10B…

18 NCAC 07C .0606 FAILURE TO PASS EXAM WITHIN 30 DAYS If a notary public seeking recommissioning fails to pass the recommissioning or notary course exam within 30 days of the date on which the exam was first taken, the application shall be denied. History Note: Authority G.S. 10B…

18 NCAC 07C .0607 INDIVIDUAL WHO FAILS TO SEEK RECOMMISSIONING WITHIN ONE YEAR An individual who fails to seek recommissioning within one year of commission expiration may be commissioned as a notary public only upon completion of all requirements for an initial notary commission…

section .0700 - ATTORNEY NOTARIES 18 NCAC 07C .0701 ATTORNEY APPLICATION FOR INITIAL APPOINTMENT Notary applicants for initial appointment who are licensed members of the North Carolina State Bar shall: (1) maintain a personal copy of the most recent notary public manual approved…

18 NCAC 07C .0702 RECOMMISSIONING OF ATTORNEY NOTARIES Licensed members of the North Carolina State Bar who are commissioned notaries public may apply for recommissioning by complying with the rules in this Subchapter, except that licensed members of the State Bar shall not be re…

18 NCAC 07C .0703 attorneys who fail to take notarial oath timely A licensed member of the North Carolina State Bar who fails to take the oath of office within 45 days of the issuance date on a certificate of appointment or reappointment shall submit a new application and fee in …

18 NCAC 07C .0704 ATTORNEYS SEEKING registration or reregistration AS ELECTRONIC NOTARIES A licensed member of the North Carolina State Bar who applies to be registered or reregistered as an electronic notary public shall: (1) comply with the rules in Subchapter 07F of this Chapt…

SECTION .0800 – PHYSICAL NOTARY SEAL 18 NCAC 07C .0801 INITIAL SEAL An applicant or appointee for an initial commission as a notary public shall not order or purchase a seal until the applicant or appointee has complied with the requirements of Section .0400 of this Subchapter. H…

18 NCAC 07C .0802 SEAL IMAGE A notary public's seal shall be deemed by the Department to comply with G.S. 10B-37 if it contains the words "State of North Carolina" in lieu of the designations in G.S. 10B-37(b)(4). History Note: Authority G.S. 10B-4; 10B-36; Eff. July 1, 2025.

18 NCAC 07C .0803 SEAL LIMITATION A notary public's seal manufactured after the effective date of this Rule shall include no information or images other than those required or permitted by G.S. 10B-37 and Rule .0802 of this Section. History Note: Authority G.S. 10B-4; 10B-36; Eff…

18 NCAC 07C .0804 OBTAINING SEAL A notary public who seeks to order or purchase a seal shall: (1) select a seal manufacturer or vendor from among the registered seal manufacturers and vendors listed on the Department's website; and (2) present the notary's commission certificate …

18 NCAC 07C .0805 IN-PERSON SEAL PURCHASE If a notary public seeks to order or purchase a seal in person, the notary shall comply with Rule .0804 of this Section and: (1) be personally known to the manufacturer or vendor; or (2) present satisfactory evidence of identity to the ma…

SUBCHAPTER 07D – CONTINUING OBLIGATIONS OF NOTARIES SECTION .0100 – GENERAL OBLIGATIONS 18 NCAC 07D .0101 SCOPE The rules in this Subchapter set forth the continuing obligations of notaries public. History Note: Authority G.S. 10B-4; Eff. July 1, 2024.

18 NCAC 07D .0102 RESPONSE TO DEPARTMENT REQUESTS A notary public shall respond to a request by the Department for information, records, or an interview relating to qualifications to be a notary or performance of notarial acts: (1) in the manner and within the time period set by …

18 NCAC 07D .0105 NOTARIZATION OF OPEN VEHICLE TITLE PROHIBITED A notary public shall not notarize an assignment and warranty of title on the reverse of the certificate of title form approved by the Division of Motor Vehicles unless the following fields have been completed by an …

18 NCAC 07D .0106 NO USE OF FOREIGN LANGUAGE TRANSLATORS A notary public shall not allow a principal or remotely located principal to communicate with the notary by means of an individual converting one language to a different language, orally or in writing. An interpreter, trans…

SECTION .0200 – CHARGING FEES FOR NOTARIAL ACTS 18 NCAC 07D .0201 TRAVEL FEE RATE A notary public who charges travel fees shall refer to the IRS website for the current federal business mileage rate prior to charging the travel fee. History Note: Authority G.S. 10B-4; Eff. Januar…