Chapter 18 NCAC 07J

18 NCAC 07J .1020 ENTRY TO DEPARTMENT DATABASE A depository shall update the Department's database at the conclusion of each notarial session with the following information: (1) the session identifier; (2) the date and time that: (a) the session began; and (b) the session ended; …

18 NCAC 07J .1021 retention of session record log by depository Each session record log shall be retained by the depository for no less than 15 years from the date of the session record log creation. History Note: Authority G.S. 10B-4; 10B-106; 10B-125(b); 10B-126; 10B-134.15; 10…

18 NCAC 07J .1022 transfer of session reocrd log A depository shall transfer to a custodian a copy of a session record log together with any associated session record. A depository shall not be required to transfer a copy of a session record log to a custodial notary public. Hist…

18 NCAC 07J .1023 ENTRY IN DEPARTMENT'S DATABASE BY TRANSFEROR Upon validation pursuant to Rule .1012 of this Section, a transferor shall update the Department's database with the following information: (1) the session identifier; (2) the four-digit identifying number assigned to…

SECTION .1100 – BRIDGE PROVISIONS 18 NCAC 07J .1101 SAFE HARBOR An existing technology provider may continue to provide its IPEN solution under its previous approval until: (1) its first complete application submitted pursuant to Rule .1303 of this Subchapter has been approved or…

18 NCAC 07J .1102 DEADLINE FOR EXISTING TECH PROVIDER APPLICATIONS An existing technology provider shall: (1) submit an application for authorization of its IPEN solution: (a) no earlier than the effective date of the rules in this Subchapter; and (b) no later than April 1, 2026;…

18 NCAC 07J .1103 compliance with Rules during bridge period An existing technology provider shall comply with the following rules between the effective date of the rules in this Subchapter and the applicable date in Rule .1102 of this Section: (1) Rules .0101-.0102, .0104-.0108,…

18 NCAC 07J .1104 APPLICATION REQUIRED UPON CHANGES If an existing technology provider operating pursuant to Rule .1101 of this Section undergoes a change reportable pursuant to Rule .0201 of this Subchapter, it shall file an application pursuant to Section .1300 of this Subchapt…

SECTION .1200 – IPEN SOLUTION STANDARDS 18 NCAC 07J .1201 IPEN SOLUTION ACCOUNT CREATION An IPEN solution provider shall create an account for an electronic notary public only after it: (1) confirms the electronic notary's identity by using approved credential analysis and identi…

18 NCAC 07J .1202 CHANGES TO ELECTRONIC REGISTRATION CERTIFICATE PRESENTED TO IPEN SOLUTION PROVIDER Upon receiving an electronic notary registration certificate that differs from that previously presented by an electronic notary public, the IPEN solution provider shall comply ag…

18 NCAC 07J .1203 VERIFICATION OF NOTARY STATUS When an electronic notary public initiates a notarial session, an IPEN solution provider shall use the Department's notary public database to verify whether the electronic notary is in active status as an electronic notary. History …

18 NCAC 07J .1204 INABILITY TO VERIFY ACTIVE STATUS If an IPEN solution provider cannot verify the active status of an electronic notary public, the provider shall: (1) not allow the electronic notary to proceed with the notarial session; and (2) enable the electronic notary's ac…

18 NCAC 07J .1205 WHEN PROVIDER MAY RE-ENABLE FULL ACCESS An IPEN solution provider may re-enable an electronic notary public's full access to the solution if it can verify active status pursuant to Rule .1203 of this Section. History Note: Authority G.S. 10B-4; 10B-106; 10B-125(…

18 NCAC 07J .1206 IPEN VERIFICATION OF CUSTODIAN If an IPEN solution provider does not offer custodial services, it shall not allow an electronic notary public to begin a notarial session until: (1) the electronic notary discloses the name of the custodian with whom the notary ha…

18 NCAC 07J .1207 FORMAT OF SESSION RECORD An IPEN solution shall render a session record tamper evident by: (1) preserving it in PDF/A format; and (2) signing the PDF/A with a verifiable digital certificate to indicate the IPEN solution from which the notarized electronic record…

18 NCAC 07J .1208 IPEN SOLUTION DISCLOSURE Following the information required by Rule .0608 of this Subchapter, an IPEN solution provider shall: (1) publish the information required by Rule .1209 of this Section; and (2) display the information as required by Rule .1210 of this S…

18 NCAC 07J .1209 CONTENT OF ADDITIONAL IPEN SOLUTION DISCLOSURES An IPEN solution provider's additional disclosures pursuant to Rule .1208 of this Section shall include information regarding: (1) records retention: (a) whether the IPEN solution retains a copy of the notarized do…

18 ncac 07j .1210 ipen solution disclosure format An IPEN solution provider shall present the additional disclosures required by Rule .1208 of this Section in tabular form in the order shown in the table in this Rule: (1) add horizontal rows in the service disruption response tim…

SECTION .1300 – APPLICATION FOR IN-PERSON ELECTRONIC NOTARIZATION SERVICES AUTHORIZATION 18 NCAC 07J .1301 REQUIREMENTS FOR AUTHORIZATION TO PROVIDE IPEN SERVICES An IPEN provider applicant shall meet requirements established in: (1) Article 2 of Chapter 10B of the General Statut…

18 NCAC 07J .1302 DURATION OF IPEN SOLUTION APPROVAL The Department's approval of an IPEN solution authorizes the IPEN solution provider to offer its solution to North Carolina notaries public for three years from the date of the approval. History Note: Authority G.S. 10B-4; 10B-…

18 NCAC 07J .1303 APPLICATION FORM FOR IPEN SERVICES An IPEN provider applicant shall complete and submit the form described in 18 NCAC 07B .0423. 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 .1304 IDENTIFICATION OF KEY INDIVIDUALS An IPEN provider applicant shall list key individuals in its application by reference to: (1) the applicant's organizational structure; and (2) the duties of its officers, directors, and employees. History Note: Authority G.S. 1…

18 NCAC 07J .1305 APPLICATION REQUIREMENTS FOR IPEN PROVIDER KEY INDIVIDUALS An IPEN provider applicant shall provide to the Department the following information for each key individual identified pursuant to Rule .1304 of this Subchapter: (1) the information required by 18 NCAC …

18 NCAC 07J .1306 FREQUENCY OF CRIMINAL HISTORY RECORD CHECKS FOR KEY INDIVIDUALS Criminal history record checks for key individuals that are submitted by an IPEN provider applicant shall: (1) be valid for three years; or (2) be updated as required pursuant to 18 NCAC 07B .0505 a…

18 NCAC 07J .1307 WHEN MORE FREQUENT CRIMINAL HISTORY RECORD CHECKS REQUIRED An IPEN provider's notice of changes pursuant to Item (2) of Rule .0203 of this Subchapter shall be made: (1) within the time set forth in Rule .0203 of this Subchapter; and (2) using the form specified …

SECTION .1400 – PLATFORM STANDARDS 18 NCAC 07J .1401 REQUIRED GENERAL PLATFORM FUNCTIONS A platform provider shall integrate into its platform each of the following functions: (1) use of communication technology as defined in G.S. 10B-134.1(1) that complies with Section .0900 of …

18 NCAC 07J .1402 PLATFORM FUNCTIONS FOR TRADITIONAL NOTARY (a) A platform provider shall allow a traditional notary public with whom it has a contract to: (1) use its platform to administer an oath or affirmation pursuant to G.S. 10B-134.9(d); (2) search, review, download, and p…

18 NCAC 07J .1403 PLATFORM SESSION RECORD FOR TRADITIONAL NOTARY A platform provider shall create a session record for a notarial session in which a traditional notary makes an electronic journal entry pursuant to Rule .1402(b) of this Section. History Note: Authority G.S. 10B-4;…

18 NCAC 07J .1404 PLATFORM FUNCTIONS UNAVAILABLE TO TRADITIONAL NOTARY A platform shall not allow a traditional notary public to: (1) create an electronic signature or seal for use in performing electronic or remote electronic notarial acts; (2) apply an electronic notary seal; o…

18 NCAC 07J .1405 REASONABLE ACCOMMODATION A platform provider shall accommodate a principal with vision, hearing, or speech impairment using: (1) auxiliary aids; (2) interpreters or transliteraters; or (3) CART captioning. History Note: Authority G.S. 10B-4; 10B-125(b); 10B-126;…

18 NCAC 07J .1406 GEOLOCATION DETECTION A platform provider shall detect whether any device used by a principal to connect with the platform during the notarial transaction process is: (1) GPS-enabled; and (2) capable of geolocation at the time of the remote electronic notarial a…

18 NCAC 07J .1407 GEOLOCATION COMMUNICATION TO NOTARY A platform provider shall take the following steps after making the determination required by Rule .1406 of this Section: (1) communicate the location of the principal to the notary public by displaying it on a map; or (2) inf…

18 NCAC 07J .1408 NOTICE OF IMAGE OR VOICE ALTERATION A platform shall notify the notary if it detects that the image or voice of a remotely located principal appears to be altered, unnatural, or simulated. History Note: Authority G.S. 10B-4; 10B-125(b); 10B-126; 10B-134.15; 10B-…

18 NCAC 07J .1409 PERSONAL KNOWLEDGE A platform shall provide a means to bypass credential analysis and identity proofing functions if the traditional notary public or electronic notary public confirms that the principal is personally known to the notary. History Note: Authority …

18 NCAC 07J .1410 PLATFORM ACCOUNT CREATION FOR ELECTRONIC NOTARY A platform provider shall create an account for an electronic notary public only after it: (1) confirms the electronic notary's identity by using approved credential analysis and identity proofing solutions; (2) re…

18 NCAC 07J .1411 PLATFORM ACCOUNT CREATION FOR TRADITIONAL NOTARY A platform provider shall create an account for a traditional notary public only after it: (1) confirms the notary's identity by using approved credential analysis and identity proofing solutions; (2) receives the…

18 NCAC 07J .1412 CHANGES TO COMMISSION OR REGISTRATION CERTIFICATE PRESENTED TO PLATFORM Upon receiving a commission certificate or electronic notary registration certificate that differs from that previously presented by a traditional notary public or an electronic notary publi…

18 NCAC 07J .1413 VERIFICATION OF NOTARY STATUS When a traditional notary public or an electronic notary public initiates a notarial session, a platform shall use the Department's notary public database to verify whether: (1) the notary public is in active status; and (2) if the …

18 ncac 07j .1414 inability to verify electronic notary status If a platform cannot verify that an electronic notary public is in active status as an electronic notary, the platform shall not allow the electronic notary to perform any remote electronic notarial acts other than oa…

18 ncac 07j .1415 platform access for notary not in active status If, pursuant to Rule .1413 of this Section, a platform provider is unable to determine that a notary public is in active status, the platform: (1) shall not allow the notary to administer oaths or affirmations purs…

18 NCAC 07J .1416 VERIFICATION PRIOR TO REMOTELY ADMINISTERING JUDICIAL OATHS AND AFFIRMATIONS After verifying the status of a notary public, a platform shall allow a traditional notary in active status or an electronic notary whose registration is not active but whose notary com…

18 NCAC 07J .1417 WHEN PROVIDER MAY RE-ENABLE FUNCTIONS A platform provider may restore a notary's or electronic notary's privileges at any time after verifying through the Department's notary database that the notary or electronic notary is in active status. History Note: Author…

18 Ncac 07j .1418 format of session record A platform shall render a session record tamper evident by: (1) preserving it in PDF/A format; and (2) signing the PDF/A with a verifiable digital certificate to indicate the platform from which the notarized electronic record originated…

18 ncac 07j .1419 notary count of notarial acts A platform shall require the notary public to enter the number of oaths or affirmations administered without a principal's signature. History Note: Authority G.S. 10B-4; 10B-106; 10B-125(b); 10B-126; 10B-134.15; 10B-134.17; 10B-134.…

18 NCAC 07J .1420 FIELD FOR COUNT OF OATHS OR AFFIRMATIONS WITHOUT PRINCIPAL SIGNATURES A platform shall design its system to provide a field for a notary public to enter the count of oaths or affirmations administered to principals without principal signatures. History Note: Aut…

18 NCAC 07J .1421 PLATFORM PROVIDER CALCULATION OF MONTHLY fee REMISSION OWED TO THE DEPARTMENT When a platform calculates the total amount of monthly fees owed to the Department, the platform shall multiply the five dollar ($5.00) fee per notarial act by the count of notarial ac…

18 NCAC 07J .1422 PLATFORM FEES INDEPENDENT OF NOTARY FEES PAID BY PRINCIPALS A platform shall not deduct the five dollar ($5.00) fee owed to the Department from the fee paid by principals to notaries public for any notarial act pursuant to G.S. 10B-31. History Note: Authority G.…

18 NCAC 07J .1423 TIMING OF MONTHLY FEE REMISSION A platform provider shall make the remittance pursuant to G.S. 10B-134.19(g) no later than 30 days after the calendar month for which fees shall be remitted. History Note: Authority G.S. 10B-4; 10B-106; 10B-125(b); 10B-126; 10B-13…

18 ncac 07J .1424 fee remission log A platform provider shall submit a fee remission log to the Department summarizing its monthly fee remission. 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. Jul…

18 NCAC 07J .1425 FEE REMISSION LOG CONTENTS A platform's fee remission log shall include: (1) for each session record: (a) the session record identifier; (b) each journal entry identifier; (c) whether the notarial acts were completed; (d) whether the session record identifier ap…