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NC Notary Public Study Guide -
Complete Definitions 100% Correct
Acknowledgment: ✔✔1) individual appeared in person and presented record, 2) individual was personally known to the notary, 3) signed while in the physical presence of the notary (or) indicated that the signature was his/her own
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 the following occurred: (1) individual appeared in person (2) individual was either known to the notary or provided proper identification and (3) 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".
Applicant ✔✔An individual who seeks appointment for the first time or reappointment to the office of notary public.
Appoint (or) Appointment ✔✔The naming of an individual to the office of notary public.
Appointee ✔✔An individual who has been appointed or reappointed to the office of notary public but has not yet taken the oath of office to be commissioned.
Attest (or) Attestation ✔✔The completion of a certificate by a notary who has performed a notarial act.
Commission ✔✔The empowerment to perform notarial acts and the written evidence of authority to perform those acts.
Commissioning date ✔✔The date of commissioning or recommissioning as entered on a commission certificate.
Credible witness ✔✔An individual who is personally known to the notary and to whom all of the following also apply: (1) the notary believes the individual to be honest and reliable (2) the notary believes the individual is not a party to or beneficiary of the transaction.
Department ✔✔The NC Department of the Secretary of State.
Jurat ✔✔A notary's certificate evidencing the administration of an oath or affirmation. Also called a "Verification upon Oath". Often used for affidavits and depositions. Signer is swearing to the truthfulness regarding the content of the document.
Affirmation - vow of truthfulness to be agreed to: ✔✔"Do you swear the information you are providing is true to the best of your knowledge?"
Oath - wording on Certificate ✔✔"Signed and sworn before me this day by (name of principal"
Notarial Certificate (or) Certificate ✔✔The portion of a notarized record this is completed by the notary, bears the notary's signature and seal, and states the facts attested by the notary in a particular notarization.
Notary Public (or) Notary ✔✔A person commissioned to perform acts under NC's Chapter 10B. A notary is a public officer of the State of North Carolina and shall act in full and strict compliance with this act.
Official Misconduct ✔✔Either: (1) A notary's performance of a prohibited act or failure to perform a mandated act set forth in Chapter 10B or any other law in connection with notarization, or (2) A notary's performance of a notarial act in a manner found by the Secretary to be negligent or against the public interest.
Personal Appearance ✔✔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. (Not by FaceTime, Skype or phone)
Personal Knowledge of Identity ✔✔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.
Principal - in case of an acknowledgment ✔✔The individual whose identity and due execution of a record is being certified by the notary.
Principal - in the case of verification or proof ✔✔The individual whose identity and due execution of the record is being proven either by a subscribing witness or whose signature is being identified as genuine
Principal - in case of oath or affirmation ✔✔The individual who makes a vow of truthfulness on penalty of perjury.
Regular place of work or business ✔✔A location, office or other workspace, where an individual regularly spends all or part of the individual's work time.
Suspension and Restriction ✔✔The termination of a notary's commission for a period of time (temporarily) as stated in an order.
Verifications or proofs ✔✔A notarial act in which a notary certifies that all the following occurred: (1) An individual appeared in person before the notary, (2) The individual was personally known to the notary or identified by the notary through satisfactory evidence, (3) The individual was not a party to or beneficiary of the transaction, and (4) The individual took an oath or gave an affirmation and testifies that the (a) principal signed the record while in the subscribing witness's presence, or (b) principal acknowledged his or her signature to the subscribing witness, or (c) the subscribing witness recognized the principal's signature and is stating it is genuine.
