§ 10B-60. Enforcement and penalties.
Part 8. Enforcement, Sanctions,and Remedies.
§ 10B‑60. Enforcementand penalties.
(a) The Secretary mayissue a warning to a notary or restrict, suspend, or revoke a notarialcommission for a violation of this Chapter and on any ground for which an applicationfor a commission may be denied under this Chapter. Any period of restriction,suspension, or revocation shall not extend the expiration date of a commission.
(b) Except as otherwisepermitted by law, a person who commits any of the following acts is guilty of aClass 1 misdemeanor:
(1) Holding one's selfout to the public as a notary if the person does not have a commission.
(2) Performing anotarial act if the person's commission has expired or been suspended orrestricted.
(3) Performing anotarial act before the person had taken the oath of office.
(c) A notary shall beguilty of a Class 1 misdemeanor if the notary does any of the following:
(1) Takes anacknowledgment or administers an oath or affirmation without the principalappearing in person before the notary.
(2) Takes a verificationor proof without the subscribing witness appearing in person before the notary.
(3) Takes anacknowledgment or administers an oath or affirmation without personal knowledgeor satisfactory evidence of the identity of the principal.
(4) Takes a verificationor proof without personal knowledge or satisfactory evidence of the identity ofthe subscribing witness.
(d) A notary shall beguilty of a Class I felony if the notary does any of the following:
(1) Takes an acknowledgmentor a verification or a proof, or administers an oath or affirmation if thenotary knows it is false or fraudulent.
(2) Takes anacknowledgment or administers an oath or affirmation without the principalappearing in person before the notary if the notary does so with the intent tocommit fraud.
(3) Takes a verificationor proof without the subscribing witness appearing in person before the notaryif the notary does so with the intent to commit fraud.
(e) It is a Class Ifelony for any person to perform notarial acts in this State with the knowledgethat the person is not commissioned under this Chapter.
(f) Any person whowithout authority obtains, uses, conceals, defaces, or destroys the seal ornotarial records of a notary is guilty of a Class I felony.
(g) For purposes ofenforcing this Chapter and Article 34 of Chapter 66 of the General Statutes,the law enforcement agents of the Department of the Secretary of State havestatewide jurisdiction and have all of the powers and authority of law enforcementofficers. The agents have the authority to assist local law enforcementagencies in their investigations and to initiate and carry out, on their own orin coordination with local law enforcement agencies, investigations ofviolations.
(h) Resignation orexpiration of a notarial commission does not terminate or preclude aninvestigation into a notary's conduct by the Secretary, who may pursue theinvestigation to a conclusion, whereupon it may be a matter of public recordwhether or not the finding would have been grounds for disciplinary action.
(i) The Secretary mayseek injunctive relief against any person who violates the provisions of thisChapter. Nothing in this Chapter diminishes the authority of the North CarolinaState Bar.
(j) Any person whoknowingly solicits, coerces, or in any material way influences a notary tocommit official misconduct, is guilty as an aider and abettor and is subject tothe same level of punishment as the notary.
(k) The sanctions andremedies of this Chapter supplement other sanctions and remedies provided bylaw, including, but not limited to, forgery and aiding and abetting. (1991, c. 683, s. 2; 1993, c.539, ss. 6‑8, 1121; 1994 Ex. Sess., c. 24, s. 14(c); 1995, c. 226, s. 4;2001‑450, s. 3; 2005‑391, s. 4; 2006‑59, s. 23.)