NC Notary Requirements

Notary’s Obligations for Swearing In a Witness

NC General Statute § 10B-3.
(14) Oath. – A notarial act which is legally equivalent to an affirmation and in which a notary certifies that at a single time and place all of the following occurred: a. An individual appeared in person before the notary. b. The individual was personally known to the notary or identified by the notary through satisfactory evidence. c. The individual made a vow of truthfulness on penalty of perjury while invoking a deity or using any form of the word “swear”.
(16) Personal appearance and appear in person before a notary. – An individual and a notary are in close physical proximity to one another so that they may freely see and communicate with one another and exchange records back and forth during the notarization process.
(17) Personal knowledge or personally know. – Familiarity with an individual resulting from interactions with that individual over a period of time sufficient to eliminate every reasonable doubt that the individual has the identity claimed.
(22) Satisfactory evidence. – Identification of an individual based on either of the following:
a. At least one current document issued by a federal, state, or federal or state-recognized tribal government agency bearing the photographic image of the individual’s face and either the signature or a physical description of the individual. b. The oath or affirmation of one credible witness who personally knows the individual seeking to be identified.
(5) Credible witness. – An individual who is personally known to the notary and to whom all of the following also apply:
a. The notary believes the individual to be honest and reliable for the purpose of confirming to the notary the identity of another individual.
b. The notary believes the individual is not a party to or beneficiary of the transaction.
(2) Affirmation. – A notarial act which is legally equivalent to an oath and in which a notary certifies that at a single time and place all of the following occurred:
a. An individual appeared in person before the notary.
b. The individual was personally known to the notary or identified by the notary through satisfactory evidence. c. The individual made a vow of truthfulness on penalty of perjury, based on personal honor and without invoking a deity or using any form of the word “swear.”
(15) Official misconduct. – Either of the following:
a. A notary’s performance of a prohibited act or failure to perform a mandated act set forth in this Chapter or any other law in connection with notarization.
b. A notary’s performance of a notarial act in a manner found by the Secretary to be negligent or against the public interest.
(j) Any person who knowingly solicits, coerces, or in any material way influences a notary to commit official misconduct, is guilty as an aider and abettor and is subject to the same level of punishment as the notary.