Chapter 18 NCAC 07J

18 NCAC 07J .2006 session record storage locations A custodian 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; 10…

18 NCAC 07J .2007 duration of storage for custodian Unless it transfers the session record to another custodian, a custodian shall not delete the record until a minimum of 10 years have elapsed since the last committed journal entry associated with that record, whether original o…

18 NCAC 07J .2008 TIME LIMIT FOR TRANSFER FROM CUSTODIAN A custodian shall transfer a session record and associated session record log to another custodian designated by a notary public no later than 10 days from the earlier of: (1) receipt of a written request from the notary pu…

18 NCAC 07J .2009 session record deletion by custodian upon transfer A custodian that transfers a session record to another custodian shall delete the record only after receiving confirmation from the transferee that the record has been: (1) accepted; and (2) verified as unmodifi…

18 NCAC 07J .2010 OPTIONAL EXTENDED RETENTION OF SESSION RECORDS A custodian may preserve a session record longer than the retention time established by the rules in this Subchapter if the electronic notary public: (1) authorizes the extended retention period in writing; and (2) …

18 ncac 07j .2011 session record marked for extended retention A custodian shall provide a means to designate session records that are subject to mandatory retention pursuant to Rule .2012 of this Section. History Note: Authority G.S. 10B-4; 10B-1. 06; 10B-125(b); 10B-126; 10B-13…

18 ncac 07j .2012 mandatory extended retention of session record upon notification A custodian shall retain a session record longer than the time period identified by Rule .2007 of this Section: (1) if directed by the Department to retain the records pursuant to an investigation …

18 ncac 07j .2013 deletion upon expiration of mandatory extended retention If a custodian is required to preserve a session record pursuant to Rule .2012 of this Section, the custodian shall not delete the record until: (1) the Department notifies the custodian that the investiga…

18 NCAC 07J .2014 DELETION OF SESSION RECORD ENTRY IN LOG A custodian shall enter in the associated session record log the date that a session record is deleted. 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-…

18 NCAC 07J .2015 session record log retention by custodian Each session record log shall be retained by the custodian for no less than 15 years from the date of the notarial session that the entry describes. History Note: Authority G.S. 10B-4; 10B-106; 10B-125(b); 10B-126; 10B-1…

18 NCAC 07J .2016 transfer of depository session record log by custodian The depository session record log shall accompany each session record transferred by a transferor custodian to custodian transferee. History Note: Authority G.S. 10B-4; 10B-106; 10B-125(b); 10B-126; 10B-134.…

18 NCAC 07J .2017 CUSTODIAN ENTRY IN DEPARTMENT'S DATABASE Upon validation pursuant to Rules .1012 and .2002 of this Subchapter, a custodian that is a transferee or a transferor shall update the Department's database with the following information: (1) the session identifier; (2)…

18 NCAC 07J .2018 NOTICE OF CESSATION OF CUSTODIAL SERVICES A custodian shall provide 60 days of notice to its subscribers and notary public account holders before it ceases to provide custodial services due to: (1) bankruptcy; (2) discontinuation of custodial services to North C…

18 NCAC 07J .2019 CUSTODIAN CONTINUITY OF SERVICES A custodian shall not discontinue its custodial services to North Carolina notaries public until all session records and associated session record log entries in its possession are transferred to the custodians designated by the …

18 ncac 07j .2020 additional custodian disclosures Immediately following the information required by Rule .0608 of this Subchapter, a custodial services provider shall: (1) publish on its website the information required by Rule .2021 of this Section; and (2) format the informati…

18 ncac 07j .2021 content of additional custodian disclosures A custodian's additional disclosure pursuant to Rule .2020 of this Section shall include information regarding: (1) projected time that the custodial services solution will be unavailable for use to the notary due to s…

18 ncac 07j .2022 custodian disclosure format A custodian shall: (1) present the additional disclosures required by Rule .2020 of this Section in tabular form in the order shown in the table in this Rule; (2) place the provider's responses described in Rule .2021 of this Section …

SECTION .2100 – APPLICATION FOR CUSTODIAL SERVICES AUTHORIZATION 18 NCAC 07J .2101 REQUIREMENTS FOR AUTHORIZATION TO PROVIDE CUSTODIAL SERVICES A custodial services applicant shall meet the requirements established in: (1) Article 2 of Chapter 10B of the General Statutes; (2) the…

18 NCAC 07J .2102 DURATION OF CUSTODIAN APPROVAL A custodial services solution approval authorizes the custodian to directly or indirectly offer its custodial services solution to North Carolina notaries public for three years from the date of its approval. History Note: Authorit…

18 NCAC 07J .2103 APPLICATION FORM FOR CUSTODIAL SERVICES A person applying to provide custodial services shall complete and submit the form described in 18 NCAC 07B .0427. History Note: Authority G.S. 10B-4; 10B-106; 10B-125(b); 10B-126; 10B-134.15; 10B-134.17; 10B-134.19; 10B-1…

SECTION .2200 – CUSTODIAL NOTARIES 18 NCAC 07J .2201 SCOPE The rules in this Section shall apply only to an electronic notary public who is approved as a custodial notary. History Note: Authority G.S. 10B-4; 10B-106; 10B-125(b); 10B-126; 10B-134.15; 10B-134.17; 10B-134.19; 10B-13…

18 NCAC 07J .2202 CUSTODIAL NOTARY DEEMED APPROVED A notary public shall be deemed to have applied and been approved as that notary's own custodian if the notary: (1) complies with 18 NCAC 07H .0506; and (2) agrees in writing to comply with the rules of this Subchapter applicable…

18 NCAC 07J .2203 CUSTODIAL NOTARY AS CUSTODIAN AND TECHNOLOGY PROVIDER A custodial notary shall be deemed a custodian and technology provider and comply with Rule .2204 of this Section. History Note: Authority G.S. 10B-4; 10B-106; 10B-125(b); 10B-126; 10B-134.15; 10B-134.17; 10B…

18 NCAC 07J .2204 RULES APPLICABLE TO CUSTODIAL NOTARIES A custodial notary shall comply with the following rules: (1) 18 NCAC 07H Section .0500; (2) Rules .0101, .0104, .0106-.0108, .0112, and .0115 of this Subchapter; (3) Rule .0208 of this Subchapter; (4) Rules .0611(1) and .0…

18 NCAC 07J .2205 CUSTODIAL NOTARY SESSION RECORD STORAGE LOCATIONS (a) A custodial notary shall maintain two copies of each session record that shall not be stored on the same device. (b) A custodial notary shall ensure that at least one of the two session record copies is maint…

18 NCAC 07J .2206 PROVIDING CUSTODIAL SERVICES AFTER ELECTRONIC NOTARY REGISTRATION TERMINATION An electronic notary public may continue serving as a custodial notary for session records in the notary's possession after the termination of the notary's electronic notary registrati…

18 NCAC 07J .2207 EFFECT OF DISCIPLINARY ACTION ON SERVICE AS CUSTODIAL NOTARY An electronic notary public shall not continue serving as a custodial notary if specifically prohibited by departmental disciplinary action. History Note: Authority G.S. 10B-4; 10B-106; 10B-125(b); 10B…

18 NCAC 07J .2208 LIMITATION ON CUSTODIAL NOTARY AFTER REGISTRATION EXPIRATION A former electronic notary public who is a custodial notary shall not take custody of additional session records after the electronic notary's registration ends. History Note: Authority G.S. 10B-4; 10B…

18 NCAC 07J .2209 CUSTODIAL NOTARY ANNUAL VERIFICATION FORM A custodial notary shall, using the form described in 18 NCAC 07B .0428, annually: (1) verify that the electronic notary has complied with all rules applicable to custodial notaries in this Section; and (2) provide infor…

18 NCAC 07J .2210 SUBMISSION OF ANNUAL VERIFICATION A custodial notary shall submit the form described in 18 NCAC 07B .0428 on or before December 31st of each year. 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; 1…

18 NCAC 07J .2211 FINAL CUSTODIAL NOTARY VERIFICATION FORM An electronic notary public's obligations as a custodial notary cease when the electronic notary submits the form described in 18 NCAC 07B .0428 confirming that: (1) the required retention period for all session records i…