18 NCAC 07B .0604          COMPLETE AND LAWFUL NOTARIAL ACT VIOLATIONS

(a)  The Director may take disciplinary action against a notary for an offense relating to failure to meet the statutory requirements for a notarial act.

(b)  Offenses relating to failure to meet the statutory requirements for a complete and lawful notarial act include:

(1)           Incomplete attestation;

(2)           Improper acknowledgment language;

(3)           Incorrect signature;

(4)           Incorrect expiration date;

(5)           Failure to administer an oath or affirmation;

(6)           Failure to verify identification;

(7)           Failure to require personal appearance;

(8)           Notarization of a document in which the notary is a named, interested, or signed party;

(9)           Notarization of a "non-signature" or a copy of a signature;

(10)         Charging a fee in excess of that which is set by law, including fees for mileage or travel;

(11)         Acting as a notary when not commissioned;

(12)         Unauthorized use of a seal.

History Note:        Authority G.S. 10B-2; 10B-14(f); 10B-60;

Eff. April 1, 2007;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 6, 2016;

Transferred from 18 NCAC 07B .0904 Eff. June 1, 2023.