January 7, 1988
Subject:
Notary Public; Requirement of Literacy
Requested By:
Ludelle R. Hatley Notaries Public Deputy Secretary of State’s Office
Question:
Can a person who cannot read or write hold a notary commission?
Conclusion:
No.
G.S. 10-1.1(a) outlines the eligibility requirements for a notary appointment. Subparagraph (1) requires completion of an application on a form provided by the Secretary of State. Subparagraph
(3) requires completion of a course of study on notary responsibilities and duties. All of these requirements presuppose the ability to read and write.
In order to effectively exercise the powers of a notary as given in G.S. 10-5, the notary should be able to read the document for which he is acknowledging signatures to the extent he can confirm the individuals are signing the correct document, such as a will vs. a deed. Of a more basic nature, he would be unable to determine that the signatures are valid if he cannot read them. Similarly, he could not verify the identification documents offered by the person whose signature he is acknowledging.
LACY H. THORNBURG Attorney General
Jane P. Gray Special Deputy Attorney General