§ 10B-5. Qualifications.
Part 2. Commissioning.
§ 10B‑5. Qualifications.
(a) Except as providedin subsection (d) of this section, the Secretary shall commission as a notaryany qualified person who submits an application in accordance with thisChapter.
(b) A person qualifiedfor a notarial commission shall meet all of the following requirements:
(1) Be at least 18 yearsof age or legally emancipated as defined in Article 35 of Chapter 7B of theGeneral Statutes.
(2) Reside or have aregular place of work or business in this State.
(3) Reside legally inthe United States.
(4) Speak, read, andwrite the English language.
(5) Possess a highschool diploma or equivalent.
(6) Pass the course ofinstruction described in this Article, unless the person is a licensed memberof the North Carolina State Bar.
(7) Purchase and keep asa reference the most recent manual approved by the Secretary that describes theduties and authority of notaries public.
(8) Submit anapplication containing no significant misstatement or omission of fact. The applicationform shall be provided by the Secretary and be available at the register ofdeeds office in each county. Every application shall include the signature ofthe applicant written with pen and ink, and the signature shall be acknowledgedby the applicant before a person authorized to administer oaths.
(9) Obtain therecommendation of one publicly elected official in North Carolina and submitthe recommendation with the application. The requirement of this subdivisionshall not apply to any applicant who seeks to receive the oath of office fromthe register of deeds of a county where more than 5,250 active notaries publicare on record on January 1 of the year when the application is filed.
(c) The notary shall becommissioned in his or her county of residence, unless the notary is not aNorth Carolina resident, in which case he or she shall be commissioned in thecounty of his or her employment or business.
(d) The Secretary maydeny an application for commission or recommission if any of the followingapply to an applicant:
(1) Submission of anincomplete application or an application containing material misstatement oromission of fact.
(2) The applicant'sconviction or plea of admission or nolo contendere to a felony or any crimeinvolving dishonesty or moral turpitude. In no case may a commission be issuedto an applicant within 10 years after release from prison, probation, orparole, whichever is later.
(3) A finding oradmission of liability against the applicant in a civil lawsuit based on the applicant'sdeceit.
(4) The revocation,suspension, restriction, or denial of a notarial commission or professionallicense by this or any other state or nation. In no case may a commission beissued to an applicant within five years after the completion of all conditionsof any disciplinary order.
(5) A finding that theapplicant has engaged in official misconduct, whether or not disciplinaryaction resulted.
(6) An applicantknowingly using false or misleading advertising in which the applicant as anotary represents that the applicant has powers, duties, rights, or privilegesthat the applicant does not possess by law.
(7) A finding by a statebar or court that the applicant has engaged in the unauthorized practice oflaw. (Code, ss.3304, 3305; Rev., ss. 2347, 2348; C.S., s. 3172; 1927, c. 117; 1959, c. 1161,s. 2; 1969, c. 563, s. 1; c. 912, s. 1; 1973, c. 680, s. 1; 1983, c. 427, ss.1, 2; c. 713, s. 22; 1991, c. 683, s. 2; 1995, c. 226, s. 1; 1998‑228, s.3; 1999‑337, s.3(a); 2001‑450, s. 1; 2002‑126, s. 29A.21;2005‑75, s. 1. ; 2005‑391, s. 4; 2006‑59, s. 2; 2009‑227,s. 1.)