10B-10. Commission; oath of office; emergency extension.
(a) If the Secretary grants a commission to an applicant, the Secretary shall notify the appointee and shall instruct the appointee regarding the proper procedure for taking the oath at the register of deeds office in the county of the appointee's commissioning.
(b) Except as provided in subsection (b1) of this section, the appointee shall appear before the register of deeds no later than 45 days after commissioning and shall be duly qualified by taking the general oath of office prescribed in G.S. 11-11 and the oath prescribed for officers in G.S. 11-7.
(b1) Notwithstanding subsection (b) of this section, if the Secretary grants a commission after March 9, 2020, and before March 1, 2021, the appointee shall have 90 days to appear before the register of deeds to take the general oath of office. A register of deeds may administer the required oath to such appointee using video conference technology provided the appointee is personally known to the register of deeds or the appointee provides satisfactory evidence of the appointee's identity to the register of deeds. As used in this subsection, video conference technology and satisfactory evidence are as defined in G.S. 10B-25.
(c) After the appointee qualifies by taking the oath of office required under subsection (b) of this section, the register of deeds shall place the notary record in a book designated for that purpose, or the notary record may be recorded in the Consolidated Document Book and indexed in the Consolidated Real Property Index under the notary's name in the grantor index. The notary record may be kept in electronic format so long as the signature of the notary public may be viewed and printed. The notary record shall contain the name and the signature of the notary as commissioned, the effective date and expiration date of the commission, the date the oath was administered, and the date of any restriction, suspension, revocation, or resignation. The record shall constitute the official record of the qualification of notaries public.
(d) The register of deeds shall deliver the commission to the notary following completion of the requirements of this section and shall notify the Secretary of the delivery.
(e) If the appointee does not appear before the register of deeds within the time prescribed in this section, the register of deeds must return the commission to the Secretary, and the appointee must reapply for commissioning. If the appointee reapplies within one year of the granting of the commission, the Secretary may waive the educational requirements of this Chapter. (Code, ss. 3304, 3305; Rev., ss. 2347, 2348; C.S., s. 3173; 1969, c. 912, s. 2; 1973, c. 680, s. 1; 1991, c. 683, s. 2; 2005-391, s. 4; 2006-59, s. 4; 2020-3, s. 4.1(b); 2020-74, s. 27(a); 2020-80, s. 2.9(a).)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 1 - Notary Public Act.
§ 10B-2 - (Effective until July 1, 2023) Purposes.
§ 10B-6 - Application for commission.
§ 10B-7 - Statement of personal qualification.
§ 10B-8 - Course of study and examination.
§ 10B-9 - Length of term and jurisdiction.
§ 10B-10 - Commission; oath of office; emergency extension.
§ 10B-12 - Notarized declaration.
§ 10B-14 - Instructor's certification.
§ 10B-20 - (Effective until July 1, 2023) Powers and limitations.
§ 10B-21 - Notaries ex officio.
§ 10B-22 - False certificate; foreign language certificates.
§ 10B-25 - (Expires June 30, 2023 see note) Emergency video notarization.
§ 10B-30 - Imposition and waiver of fees.
§ 10B-31 - Fees for notarial acts.
§ 10B-35 - Official signature.
§ 10B-40 - Notarial certificates in general.
§ 10B-41 - Notarial certificate for an acknowledgment.
§ 10B-42 - Notarial certificate for a verification or of subscribing witness.
§ 10B-42.1 - Notarial certificate for a verification of nonsubscribing witness.
§ 10B-43 - Notarial certificate for an oath or affirmation.
§ 10B-53 - Change of both name and county.
§ 10B-55 - Disposition of seal; death of notary.
§ 10B-60 - (Effective until July 1, 2023) Enforcement and penalties.
§ 10B-65 - Acts of notaries public in certain instances validated.
§ 10B-66 - Certain notarial acts validated.
§ 10B-67 - Erroneous commission expiration date cured.
§ 10B-68 - Technical defects cured.
§ 10B-69 - Official forms cured.
§ 10B-70 - Certain notarial acts for local government agencies validated.
§ 10B-71 - Certain notarial acts validated when recommissioned notary failed to again take oath.