10B-55. Disposition of seal; death of notary.
(a) When a notary commission is resigned or revoked, the notary shall deliver the notary's seal to the Secretary within 45 days of the resignation or revocation. Delivery shall be accomplished by certified mail, return receipt requested. The Secretary shall destroy any seal received under this subsection.
(b) A notary whose commission has expired and whose previous commission or application was not revoked or denied by this State, is not required to deliver the seal to the Secretary as provided under subsection (a) of this section if the notary intends to apply to be recommissioned and is recommissioned within three months after the notary's commission expires.
(c) If a notary dies while commissioned or before fulfilling the disposition of seal requirements in this section, the notary's estate shall, as soon as is reasonably practicable and no later than the closing of the estate, notify the Secretary in writing of the notary's death and deliver the notary's seal to the Secretary for destruction. A personal representative who is not a notary does not have to comply with the provisions of this subsection if he or she provides a statement under oath in any enforcement proceeding that he or she was unaware that the decedent was a commissioned notary public at the time of death. (2005-391, s. 4; 2013-204, s. 1.3.)
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.