GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
H	2
HOUSE BILL 955
Senate Judiciary I Committee Substitute Adopted 9/18/01 

Short Title:	Notary Authority Misrepresentation.	()	
Sponsors:	     	
Referred to:	     	
April 3, 2001

A BILL TO BE ENTITLED
AN ACT TO PREVENT THE MISREPRESENTATION OF THE AUTHORITY OF A NOTARY PUBLIC.

The General Assembly of North Carolina enacts:
SECTION 1. G.S. 10A‑4(c) reads as rewritten:
"(c)	The Secretary may deny an application for commission or recommission as a notary if any of the following applies to the applicant:
(1)	The applicant has been convicted of a crime involving dishonesty or moral turpitude.
(1a)	The applicant has been convicted of a felony and the applicant's rights have not been restored.
(2)	The applicant has had a notarial commission or professional license revoked, suspended, or restricted by this or any other state.
(3)	The applicant has engaged in official misconduct, whether or not disciplinary action resulted.
(4)	The applicant knowingly uses false or misleading advertising in which the applicant as a notary represents that the applicant has powers, duties, rights or privileges that the applicant does not possess by law.
(5)	The applicant is found by a court of this State or any other state to have engaged in the unauthorized practice of law."
SECTION 2.  G.S. 10‑9 is amended by adding the following subsections to read:
"(g)	A notary public who is not an attorney licensed to practice law in this State who advertises the person's services as a notary public in a language other than English, by radio, television, signs, pamphlets, newspapers, other written communication, or in any other manner, shall post or otherwise include with the advertisement the notice set forth in this subsection in English and in the language used for the advertisement. The notice shall be of conspicuous size, if in writing, and shall state: "I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN THE STATE OF NORTH CAROLINA, AND I MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE." If the advertisement is by radio or television, the statement may be modified but must include substantially the same message.
Literal translation of the words "notary" and "notary public" by or on behalf of a notary public into a language other than English in a manner that is designed to misrepresent the authority of a notary public is prohibited, including, but not limited to, use of the words "notario(a) publico(a)". For purposes of this subsection, "literal translation" of a word or phrase from one language to another means the translation of a word or phrase without regard to the true meaning of the word or phrase in the language which is being translated or that in any manner misrepresents the authority of a notary public.
(h)	A notary public who is not an attorney licensed to practice law in this State is prohibited from representing or advertising that the notary public is an "immigration consultant" or expert on immigration matters unless the notary public is an accredited representative of an organization recognized by the Board of Immigration Appeals pursuant to Title 8, Part 292, Section 2(a-e) of the Code of Federal Regulations (8 CFR 292.2(a-e)).
(i)	A notary public who is not an attorney licensed to practice law in this State is prohibited from rendering any service that constitutes the unauthorized practice of law.
(j)	A notary public required to comply with the provisions of subsection (g) of this section shall prominently post at the notary public's place of business a schedule of fees established by law, which a notary public may charge. The fee schedule shall be written in English and in the non-English language in which the notary services were solicited, and shall contain the notice required in subsection (g) of this section, unless the notice is otherwise prominently posted at the notary public's place of business."
SECTION 3.  G.S. 10A‑12 is amended by adding the following subsections to read:
"(f)	The Secretary of State, through the Attorney General, may seek injunctive relief against any notary public who violates the provisions of this Chapter. Nothing in this Chapter diminishes the authority of the North Carolina State Bar.
(g)	A violation of G.S. 10A-9(h) or (i) constitutes a deceptive trade practice under G.S. 75-1.1."
SECTION 4.  The Department of the Secretary of State may study the Notary Public Act, Chapter 10A of the General Statutes, and conforming amendments that may be needed to other sections of the General Statutes, and report any recommendations for changes, including recommended legislation, to the 2002 Regular Session of the 2001 General Assembly.
SECTION 5.  This act becomes effective January 1, 2002, and applies to acts committed on or after that date.