Notary Fundamentals
Essential guidance on notary seals, rules, and best practices for every notary public.
What You Can and Cannot Do as a Notary Public
Every notary eventually hears it: “Can you just tell me what this means?” or “Can you stamp this flyer for my business?” The answer to both is no, and North Carolina law spells out exactly why.
A notary plays an important role, but that role has clear limits. Here’s what North Carolina law says a notary can’t do, what a notary can do, and why those boundaries protect everyone involved.
Key Takeaways
- North Carolina notaries perform acknowledgments, oaths and affirmations, and verifications or proofs.
- Never use your notary title or seal to endorse or oppose a product, service, contest, or candidate.
- A non-attorney notary can’t give legal advice or help draft, complete, choose, or explain a document.
- When a signer needs guidance, refer them to an attorney.
What You Can and Cannot Do as a Notary Public
Every notary eventually hears it: “Can you just tell me what this means?” or “Can you stamp this flyer for my business?” The answer to both is no, and North Carolina law spells out exactly why.
A notary plays an important role, but that role has clear limits. Here’s what North Carolina law says a notary can’t do, what a notary can do, and why those boundaries protect everyone involved.
Key Takeaways
- North Carolina notaries perform acknowledgments, oaths and affirmations, and verifications or proofs.
- Never use your notary title or seal to endorse or oppose a product, service, contest, or candidate.
- A non-attorney notary can’t give legal advice or help draft, complete, choose, or explain a document.
- When a signer needs guidance, refer them to an attorney.
Don’t Help Prepare, Choose, or Explain Documents
A notary’s job is to verify identity and perform the notarial act. It isn’t to explain, advise on, or prepare the document.
You also can’t take a blank or incomplete document and make it legal by adding your signature and seal. A notary should never stamp, sign, or use their commission for anything except notarizing documents as North Carolina law allows.
A Notary Can’t Help With
- Preparing wills, mortgages, deeds, deeds of trust, or other legal documents
- Immigration consultation
- Deciding which notarial certificate a document needs
About certificates: if a document doesn’t include certificate wording, a notary can show the signer the certificate options North Carolina law recognizes, but the signer chooses which one to use.
What a North Carolina Notary Can Do
North Carolina law authorizes notaries to perform three notarial acts.
1. Take Acknowledgments
The signer appears in person, is identified, and either signs in front of the notary or confirms that the signature already on the document is theirs. Common on deeds, powers of attorney, and loan documents.
2. Administer Oaths and Affirmations
The signer vows, under penalty of perjury, that their statements are true. An oath invokes a deity or uses the word “swear”; an affirmation is the same promise on personal honor. When certified on a document, it’s called a jurat, most often seen on affidavits.
3. Take Verifications or Proofs
A witness who watched the signer sign (or heard the signer acknowledge the signature) appears before the notary, is identified, and swears to what they saw. The witness can’t be a party to or beneficiary of the transaction. Often used when the signer can’t appear in person.
Remember What You Were Sworn to Do
Don’t get yourself in trouble with state law, and don’t be led into doing anything you think may be illegal. These boundaries protect you, your commission, and the people you serve.
In North Carolina, the rules for what a notary can and can’t do are set out in G.S. 10B-20 and G.S. 10B-24.
When in Doubt
- Don’t guess. Check the statutes or your Notary Handbook.
- Refer legal questions to an attorney.
- Decline any request you think may be illegal.
Frequently Asked Questions
Can a notary give legal advice in North Carolina? +
Can a notary help me fill out or choose a document? +
Can a notary use their seal to endorse a business or candidate? +
What can a North Carolina notary do? +
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