Key Takeaways
- Cannot notarize without personal appearance
- Cannot notarize for self or when personally interested
- Cannot provide legal advice or prepare legal documents
- Cannot use title to endorse products or candidates
- Cannot notarize blank or incomplete documents
Last updated: January 2026
Prohibited Acts
North Carolina law specifically prohibits notaries from engaging in certain conduct. Violation of these prohibitions can result in criminal penalties and loss of commission.
Acts Prohibited for All Notaries
| Prohibited Act | Statute Reference |
|---|---|
| Notarizing without personal appearance | G.S. 10B-20(c)(1) |
| Notarizing without proper identification | G.S. 10B-20(c)(2) |
| Notarizing your own signature | G.S. 10B-20(c)(3) |
| Notarizing when personally interested | G.S. 10B-20(c)(3) |
| Providing legal advice | G.S. 10B-20(b) |
| Preparing legal documents | G.S. 10B-20(b) |
| Using title improperly | G.S. 10B-35 |
| Notarizing incomplete documents | Best practice |
Detailed Prohibited Acts
1. Notarizing Without Personal Appearance
| Violation | Consequence |
|---|---|
| Taking acknowledgment without principal present | Class 1 Misdemeanor |
| Administering oath without principal present | Class 1 Misdemeanor |
| Taking verification without witness present | Class 1 Misdemeanor |
| With intent to defraud | Class I Felony |
2. Notarizing Without Proper Identification
| Violation | Consequence |
|---|---|
| Taking acknowledgment without ID/knowledge | Class 1 Misdemeanor |
| Administering oath without ID/knowledge | Class 1 Misdemeanor |
| Taking verification without ID/knowledge | Class 1 Misdemeanor |
3. Self-Notarization
A notary shall NOT notarize a signature:
- On a document in which the notary has a direct financial interest
- On a document in which the notary is named as a party
- Of the notary's own signature
4. Providing Legal Advice
| Prohibited | Reason |
|---|---|
| Advising on legal rights | Unauthorized practice of law |
| Interpreting document meaning | Unauthorized practice of law |
| Recommending what documents to use | Unauthorized practice of law |
| Explaining legal consequences | Unauthorized practice of law |
| Selecting the type of notarization | May be unauthorized practice |
5. Improper Use of Title
Under G.S. 10B-35, a notary shall NOT use the official notary title or seal in a manner intended to:
- Endorse a product or service
- Promote a political candidate
- Denounce any product, service, or candidate
- Oppose any offering
Notario Publico Warning
North Carolina law includes special provisions regarding advertising:
| Requirement | Detail |
|---|---|
| Cannot claim attorney services | If not a licensed attorney |
| Foreign language advertising | Must include required disclaimers |
| "Notario Publico" term | Must clarify NC notary is NOT an attorney |
In many Latin American countries, a "notario publico" is a licensed attorney with extensive legal powers. NC notaries must not allow this confusion.
Key Points for the Exam
- Personal appearance: ALWAYS required
- No self-notarization: Cannot notarize own signature
- No financial interest: Cannot notarize if personally benefiting
- No legal advice: Unauthorized practice of law
- Improper title use: Cannot endorse products or candidates
Test Your Knowledge
A notary's spouse asks them to notarize their signature on a loan document. Can the notary do this?
A
B
C
D
Test Your Knowledge
A signer asks the notary to explain what a power of attorney document means. What should the notary do?
A
B
C
D