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What Does “Signed Under Seal” Mean in North Carolina?

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When it comes to legal documents, some seemingly archaic terms can carry significant legal implications. One such term is “SEAL.” In North Carolina, the presence of this word on a legal document can extend the statute of limitations for filing a lawsuit related to that document from the standard three years to a full ten years. This blog will unpack the meaning of “signed under seal,” its historical roots, and how it is recognized under North Carolina law. Understanding N.C.G.S. § 1-47 North Carolina General Statute § 1-47 sets a 10-year statute of limitations for certain legal actions, including those involving sealed instruments or documents conveying interests in real property. Here’s a simplified breakdown: Sealed Instruments: A sealed instrument refers to a document signed by a party and marked with a seal or the word “SEAL” adjacent to the signature. If a contract or legal document is executed under seal, parties have 10 years to bring legal action regarding disputes related to...

Educating vs. Advising: Why Notaries Cannot Provide Legal Advice

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  As a notary, your role is to serve as an impartial witness to the signing of important documents, ensuring they are executed correctly and authentically. However, a common question arises: where do you draw the line between educating others and providing legal advice? Understanding this distinction is essential to avoid engaging in the unauthorized practice of law (UPL). Educating vs. Advising: The Key Difference Educating (Permissible) Educating involves providing factual, neutral information without interpreting or applying it to the signer’s specific situation. For instance: Example: Explaining the term "seal" by stating, "In legal documents, the term 'seal' often indicates that the document is intended to have a longer enforceability period. This is a standard legal formality and not just decorative." Such explanations provide general knowledge that anyone can benefit from without crossing into the realm of advice. Advising (Prohibited) Advising occur...

Important Update for North Carolina Notaries: Changes to State-Issued IDs

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  Image of the new NC Driver's License, ID Card which will be issued starting in June. (Photo Credit: NC DMV) As a North Carolina notary, it is crucial to stay informed about any changes that may impact your work. Recently, the North Carolina Division of Motor Vehicles (DMV) announced significant updates to state-issued driver's licenses and identification cards. These changes are designed to enhance security and reflect the state’s rich cultural heritage. Here’s what you need to know: New Designs Reflecting North Carolina’s Heritage The updated driver’s licenses and IDs will feature state-inspired designs. This includes iconic images and symbols that highlight North Carolina's natural beauty and historical significance. These new visuals are not just for aesthetics; they also serve to make the IDs more challenging to counterfeit. Enhanced Security Features Security is a top priority for the new ID designs. The updated licenses include advanced security features aimed at pr...

Elevating Your North Carolina Notary Business on a Budget

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  Elevating Your North Carolina Notary Business on a Budget In the competitive landscape of North Carolina's notary services, carving out a distinctive brand without breaking the bank is both challenging and essential for success. Belinda B. Bennett, a seasoned mobile notary and signing agent, shares invaluable insights on cost-effective marketing strategies to boost your notary business's visibility and appeal. The core of effective branding is to craft a unique image that distinguishes your services, addressing specific client needs—whether it's accessibility, multilingual support, or cost-effectiveness. Essential Strategies for Notary Branding Develop a Unique Brand Message : Pinpoint the exclusive solutions your notary service offers. Whether you're providing services in remote locations, offering multilingual assistance, or ensuring confidentiality and precision, your brand message should succinctly convey the value you add for your clients. Maintain Consistency Ac...

The Risks of Inadequate Security Measures for Notary Stamps and Seals

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  In the realm of business, a notary stamp serves as a vital tool for validating the identities and intentions of document signers, thus ensuring the integrity of transactions between parties. It's imperative for notaries to rigorously secure their notary stamps and seals, as the implications of their misuse can be severe. The failure to secure these crucial tools can lead to several adverse consequences: Risk of Unauthorized Use : An unguarded notary stamp is susceptible to theft, allowing malicious parties to forge critical documents such as property deeds, wills, and legal contracts. This can lead to complex fraudulent schemes that are often hard to uncover Legal and Financial Repercussions : Should a notary's stamp be misused, the notary might face legal challenges. If a fraudulently notarized document results in any form of loss, the notary could be deemed negligent for not safeguarding their tools, potentially facing civil liabilities and financial restitution demands. Co...