NORTH CAROLINA GENERAL ASSEMBLY

1969 SESSION

CHAPTER 912

HOUSE BILL 842

AN ACT TO PROVIDE FOR THE QUALIFICATION OF NOTARIES PUBLIC BEFORE THE REGISTER OF DEEDS AND TO REQUIRE THE REGISTER OF DEEDS TO KEEP A RECORD OF THE QUALIFICATION OF NOTARIES PUBLIC.

The General Assembly of North Carolina do enact:

Section 1.  G.S. 10-1 is hereby rewritten in its entirety to read as follows:

"G.S. 10-1.  Appointment and Commission; term of office; revocation of commission. The Governor may, from time to time, at his discretion, appoint one or more fit persons in every county to act as notaries public and shall issue to each a commission. The commission shall show that it is for a term of five years and shall show the effective date and date of expiration. The term of the commission shall be computed by including the effective date and shall end at midnight of the day preceding the anniversary of the effective date, five years thereafter. The commission shall be sent to the register of deeds of the county in which the appointee lives and a copy of the letter of transmittal to the register of deeds shall be sent to the appointee concerned. The commission shall be retained by the register of deeds until the appointee has qualified in the manner provided by G.S. 10-2.

Any commission so issued by the Governor or his predecessor, shall be revocable by him in his discretion upon complaint being made against such notary public and when he shall be satisfied that the interest of the public will be best served by the revocation of said commission. Whenever the Governor shall have revoked the commission of any notary public appointed by him, or his predecessor in office, it shall be his duty to file with the register of deeds in the county of such notary public a copy of said order and mail a copy of same to said notary public. Any person holding himself out to the public as a notary public, or any person attempting to act in such capacity after his commission shall have been revoked by the Governor, shall be guilty of a misdemeanor and upon conviction be punishable in the discretion of the court, as provided for in other misdemeanors."

Sec. 2.  G.S. 10-2 is hereby rewritten in its entirety to read as follows:

G.S. 10-2.  To qualify before register of deeds; record of qualification. Upon exhibiting their commissions to the register of deeds of the county in which they are to act, the notaries shall be duly qualified by taking before the register an oath of office, and the oaths prescribed for officers. Following the administration of the oaths of office, the notary shall place his signature in a book designated as "The Record of Notaries Public." The Record of Notaries Public shall contain the name of the notary, the signature of the notary, the effective date and expiration date of the commission, the date the oath was administered, and the date of revocation if the commission is revoked by the Governor. The information contained in The Record of Notaries Public shall constitute the official record of the qualification of notaries public, and all documents relative to the qualification of notaries shall be delivered to the qualifying notary public or destroyed."

Sec. 3.  G.S. 161-10(a) as enacted by Chapter 80 of the Session Laws of 1969 (S.B.44) is amended by adding a new numbered paragraph sixteen directly following the paragraph numbered fifteen to read as follows:

"16.      Qualification of notary public: for administering the oaths of office to a notary public and making the appropriate record entries as provided in G.S. 10-2 — one dollar ($1.00)."

Sec. 4.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 5.  This Act shall be in full force and effect from and after September 1, 1969.

In the General Assembly read three times and ratified, this the 19th day of June, 1969.