Key Takeaways
- Official misconduct includes performing prohibited acts or failing to perform required acts
- Misconduct can result in criminal penalties and commission revocation
- Aiders and abettors face the same penalties as the notary
- Misconduct affects the integrity of notarized documents
- Even unintentional violations can constitute misconduct
Last updated: January 2026
Official Misconduct Defined
Under North Carolina General Statutes Chapter 10B, notaries are public officers held to high standards of conduct. Official misconduct has serious consequences.
Definition of Official Misconduct
Under G.S. 10B-60, "official misconduct" means either:
-
Performance of a prohibited act set forth in Chapter 10B or any other law in connection with notarization
-
Failure to perform a mandated act set forth in Chapter 10B or any other law in connection with notarization
Categories of Misconduct
| Category | Examples |
|---|---|
| Prohibited Acts | Notarizing without personal appearance |
| Required Acts Not Done | Failing to verify identification |
| Fraud | Knowingly false notarization |
| Incompetence | Improper procedures |
| Improper Use of Title | Using title for endorsements |
Impact of Official Misconduct
| Consequence | Effect |
|---|---|
| Criminal Charges | Infraction, misdemeanor, or felony |
| Commission Revocation | Loss of notary authority |
| Civil Liability | Personal financial responsibility |
| Professional Damage | Harm to reputation and career |
| Document Invalidity | Potential impact on notarized documents |
Aiding and Abetting
Under G.S. 10B-60, any person who knowingly:
- Solicits a notary to commit misconduct
- Coerces a notary to commit misconduct
- In any material way influences a notary to commit misconduct
Is guilty as an aider and abettor and subject to the same level of punishment as the notary.
Key Points for the Exam
- Misconduct: Prohibited acts OR failure to perform required acts
- Two types: Commission (doing prohibited acts) or omission (failing to do required acts)
- Aiders and abettors: Face same penalties as the notary
- Consequences: Criminal, civil, and professional penalties
Test Your Knowledge
What is the definition of "official misconduct" for a North Carolina notary?
A
B
C
D
Test Your Knowledge
A person pressures a notary to notarize a document without the signer present. What happens to that person?
A
B
C
D