Chapter 18 NCAC 07J

18 ncac 07j .0627 cybersecurity incident response A technology provider shall: (1) detect and respond to any cybersecurity incident; (2) store evidence related to a cybersecurity incident in a manner that: (a) establishes chain of custody; and (b) preserves chain of custody; and …

18 ncac 07j .0628 contingency plan requirement A technology provider shall maintain a contingency plan for recovery to a functional state in the event of a cybersecurity incident or other service disruption of: (1) its authorized electronic notary solutions; (2) the following bus…

18 ncac 07j .0629 contents of contingency plan A technology provider's contingency plan shall include: (1) the manner in which it will recover its authorized services to a functional state; (2) a projected timeline for recovery to a functional state; and (3) required notices to t…

SECTION .0700 – ELECTRONIC SIGNATURE AND SEAL STANDARDS 18 NCAC 07J .0701 APPLICATION OF ELECTRONIC SEAL An electronic notary seal shall be applied only by an electronic notary using an IPEN or platform provider's electronic notary solution. History Note: Authority G.S. 10B-4; 10…

18 ncac 07j .0702 compliance with electronic signature and seal rules An IPEN or platform provider's electronic notary solution shall enable an electronic notary public to comply with the following rules: (1) 18 NCAC 07F Section .0700, Electronic Notary Signature; (2) 18 NCAC 07F…

18 ncac 07j .0703 application of electronic signature An IPEN or platform provider's electronic notary solution shall enable an electronic notary public to affix the electronic notary's electronic signature on an electronic notarial certificate. History Note: Authority G.S. 10B-4…

18 ncac 07j .0704 electronic signature appearance An IPEN or platform provider's electronic notary solution shall enable an electronic notary public to apply the electronic notary's electronic signature to an electronic record being notarized only if: (1) the electronic signature…

18 ncac 07j .0705 electronic signature and seal review An IPEN or platform provider's electronic notary solution shall enable an electronic notary public to comply with 18 NCAC 07F .0710 and .0815 by permitting the electronic notary to: (1) view the electronic signature and seal …

18 ncac 07j .0706 electronic signature and seal changes If an IPEN or platform provider's electronic notary solution receives a registration certificate reflecting a change in an electronic notary public's name, county, or expiration date, the provider shall: (1) use the Departme…

SECTION .0800 – ELECTRONIC JOURNAL STANDARDS 18 ncac 07j .0801 electronic journal required An IPEN or platform provider's electronic notary solution shall provide an electronic journal in which an electronic notary can record all completed and canceled electronic notarial transac…

18 NCAC 07J .0802 Compliance with journal rules An IPEN or platform provider shall design its electronic journals in a way that enables an electronic notary public to comply with the journal rules in this Chapter. History Note: Authority G.S. 10B-4; 10B-106; 10B-125(b); 10B-126; …

18 NCAC 07J .0803 journal entry for each notarial transaction An IPEN or platform provider shall design its electronic journals to require a single journal entry for each: (1) notarial act; (2) canceled notarial act; and (3) supplemental journal entry. History Note: Authority G.S…

18 NCAC 07J .0804 CLASSIFICATION OF JOURNAL ENTRIES An IPEN solution or platform provider shall design its electronic journals to enable a notary public to classify each journal entry as: (1) a completed notarial act; (2) a canceled notarial transaction; or (3) a supplemental jou…

18 NCAC 07J .0805 Minimum length of notes field An IPEN solution or platform provider shall design its electronic journals to provide a notes field: (1) that allows a notary to enter observations about a notarial transaction; and (2) that accommodates at least 3,000 characters. H…

18 NCAC 07J .0806 Journal data validation An IPEN or platform provider shall design its electronic journal to allow a notary public to review, amend, or confirm information in all fields contained within a journal entry before committing it. History Note: Authority G.S. 10B-4; 10…

18 NCAC 07J .0807 committed journal entry amendments prohibited An IPEN or platform provider shall design its electronic journal to prohibit amendment of an electronic journal entry after it is committed by the notary public. History Note: Authority G.S. 10B-4; 10B-106; 10B-125(b…

18 NCAC 07J .0808 printing of electronic journal information An IPEN or platform provider shall design its electronic journal to permit the notary public to print a tangible and legible copy of each journal entry selected by the notary. History Note: Authority G.S. 10B-4; 10B-106…

18 NCAC 07J .0809 journal search An IPEN or platform provider shall ensure that its electronic journal can be searched based on the information entered by a notary public in any field in the journal. History Note: Authority G.S. 10B-4; 10B-106; 10B-125(b); 10B-126; 10B-134.15; 10…

18 NCAC 07J .0810 Segregation of entries An IPEN or platform provider shall ensure that entries in its electronic journals can be annotated and distinguished from other entries. Note: An example of separate and distinguishing annotation would be flagging entries subject to a liti…

18 NCAC 07J .0811 NOTARY ACCESS TO JOURNAL During the contract period in which a notary public has use of an IPEN or platform provider's electronic journal, the provider shall make the entries and journal: (1) viewable by the notary; (2) printable by the notary; (3) available for…

18 NCAC 07J .0812 Termination of relationship with notary An IPEN or platform provider shall do the following upon the termination of its relationship with a notary public: (1) within 45 days, transfer the notary's electronic journal to a custodian; and (2) delete the electronic …

18 NCAC 07J .0813 supplemental journal entries An IPEN or platform provider's electronic journal shall allow a notary public to record one or more supplemental journal entries pursuant to 18 NCAC 07I .0308. History Note: Authority G.S. 10B-4; 10B-106; 10B-125(b); 10B-126; 10B-134…

SECTION .0900 – COMMUNICATION TECHNOLOGY STANDARDS 18 NCAC 07j .0901 Access limited A platform provider shall limit participation in a notarial session to individuals authorized to have access by: (1) the notary public who will perform the notarial acts; (2) the principals in the…

18 NCAC 07J .0902 VIEW OF DOCUMENT The communication technology shall allow an electronic notary public to view the application of the principal's signature to any document being notarized. History Note: Authority G.S. 10B-4; 10B-106; 10B-125(b); 10B-126; 10B-134.15; 10B-134.17; …

18 NCAC 07J .0903 video standards A platform provider's communication technology shall enable: (1) comparison by the notary of a remotely located principal's facial features with the credential that was used for credential analysis; (2) visual communication between the notary, pr…

18 ncac 07j .0904 video customization standard A platform provider's communication technology shall include a feature that allows each participant to lock the size and position of a priority video window and can be located easily by a participant in a notarial transaction. Histor…

18 NCAC 07J .0905 audio standards A platform provider's communication technology shall support audio interactions between all participants in a notarial transaction that: (1) provide live audio transmission for the duration of the notarial transaction; (2) provide clarity and vol…

18 nCAC 07J .0906 written communication standard A platform provider's communication technology shall support: (1) live transmission of on-screen text communication between all participants in a notarial transaction; (2) CART captioning pursuant to Rule .0903 of this Section; and…

18 NCAC 07j .0907 recording capability A platform provider's communication technology shall: (1) permit recording of a remote electronic notarial session; and (2) provide the electronic notary public with the controls to: (a) initiate a communication technology recording; (b) con…

18 NCAC 07J .0908 recording content A platform provider's communication technology shall preserve all audio, visual, and written content as it occurred or was presented during the notarial session. History Note: Authority G.S. 10B-4; 10B-106; 10B-125(b); 10B-126; 10B-134.15; 10B-…

18 ncac 07j .0909 recording metadata A platform provider's communication technology shall associate metadata to a communication technology recording documenting: (1) the format of the recording; and (2) the length of the recording. History Note: Authority G.S. 10B-4; 10B-106; 10B…

18 ncac 07j .0910 recording of remote judicial actions or proceedings Any recording of a remote judicial action or proceeding authorized by G.S. 10B-134.9(d) shall be exempted from the rules of this Subchapter. History Note: Authority G.S. 10B-4; 10B-106; 10B-125(b); 10B-126; 10B…

SECTION .1000 – DEPOSITORY SERVICES STANDARDS 18 NCAC 07J .1001 DEPOSITORY REQUIREMENTS Except as noted, the rules in this Section apply to the depositories of IPEN solution providers and platform providers. History Note: Authority G.S. 10B-4; 10B-106; 10B-125(b); 10B-126; 10B-13…

18 NCAC 07J .1002 SESSION RECORD CREATION (a) A session record shall be created at the end of a notarial session and include: (1) all journal entries made in the session; (2) any communication technology recording made of the session; and (3) metadata as required by Rule .1017 of…

18 NCAC 07J .1003 SESSION RECORD DIGITAL SIGNATURE A depository shall digitally sign each session record. History Note: Authority G.S. 10B-4; 10B-106; 10B-125(b); 10B-126; 10B-134.15; 10B-134.17; 10B-134.19; 10B-134.21; 10B-134.23; Eff. July 1, 2025.

18 ncac 07j .1005 session identifier A depository shall establish a session identifier for each notarial session or supplemental journal entry by concatenating the following numbers, with no separation or punctuation: (1) the four-digit identifying number assigned to the authoriz…

18 ncac 07j .1006 searchable session record fields A depository shall make session records searchable and identifiable by the following fields: (1) the session identifier required pursuant to Rule .1005 of this Section; (2) the commission name of the notary public; (3) the county…

18 ncac 07j .1007 session record unchanged A depository shall ensure that there are no changes to a session record held in its depository from the time the record is created until transfer to a custodian. History Note: Authority G.S. 10B-4; 10B-106; 10B-125(b); 10B-126; 10B-134.1…

18 NCAC 07J .1008 STORAGE LOCATIONS A depository shall maintain copies of each session record and session record log in two or more geographically separated data facilities. History Note: Authority G.S. 10B-4; 10B-106; 10B-125(b); 10B-126; 10B-134.15; 10B-134.17; 10B-134.19; 10B-…

18 NCAC 07J .1009 TIME LIMIT FOR TRANSFER FROM DEPOSITORY A depository shall transfer a session record to a custodian selected by a notary public on the earliest of: (1) a time agreed to by the notary; (2) no later than 10 days from receipt of a written transfer request from the …

18 ncac 07j .1010 exceedance of storage time limit A depository that is unable to comply with Rule .1009 of this Section shall: (1) notify the Department upon discovering the inability; and (2) comply with the rules for custodians in Section .2000 of this Subchapter. History Note…

18 ncac 07j .1011 deletion of session record A depository shall securely delete a session record from its depository within 45 days of receiving a confirmation receipt from the electronic notary public's designated transferee custodian. History Note: Authority G.S. 10B-4; 10B-106…

18 ncac 07j .1012 validation before deletion A depository shall not delete a session record until it receives the transferee custodian's receipt confirming that the record has been: (1) received; and (2) validated. History Note: Authority G.S. 10B-4; 10B-106; 10B-125(b); 10B-126;…

18 NCAC 07J .1013 notary access to session record from depository A depository shall allow a notary public to view, copy, print, and download any of the notary's session records in the possession of the depository at any time and at no cost. Note: This rule shall not apply to pla…

18 NCAC 07J .1014 depository continuity of services A depository shall not discontinue operation of its depository until all session records and session record logs are transferred to the custodians designated by the notaries public. History Note: Authority G.S. 10B-4; 10B-106; 1…

18 ncac 07j .1015 journal entry identifier A depository shall establish a journal entry identifier for each journal entry by concatenating the following numbers in order: (1) the session identifier; and (2) a four-digit number representing the sequential number of the journal ent…

18 NCAC 07J .1016 Session record log for which there is no electronic journal entry If a traditional notary public administers an oath or affirmation pursuant to G.S. 10B-134.9(d) and chooses not to make an electronic journal entry, the platform depository shall create a session …

18 ncac 07j .1017 required metadata After the notary public has committed the session record and before the depository digitally signs the PDF/A of the session record, the depository shall add the following metadata: (1) the session identifier; (2) the notary public's name as sho…

18 NCAC 07J .1018 SESSION RECORD LOG A depository shall establish a session record log for each session as required by Rule .1019 of this Section. History Note: Authority G.S. 10B-4; 10B-106; 10B-125(b); 10B-126; 10B-134.15; 10B-134.17; 10B-134.19; 10B-134.21; 10B-134.23; Eff. Ju…

18 NCAC 07J .1019 CONTENTS OF SESSION RECORD LOG A session record log shall include: (1) the session record identifier; (2) the time and date that the session: (a) started; and (b) ended; (3) whether a session record was created; (4) the name of the notary public exactly as it ap…