North Carolina Administrative Code

18 NCAC 07D .0202 ESTIMATE OF CHARGES In addition to the publication or provision of a notary public's schedule of fees pursuant to G.S. 10B-32, if a principal requests a fee estimate from a notary, the notary shall provide an estimate that includes: (1) the estimated total fee; …

18 NCAC 07D .0203 Inclusion of fees in journal A notarial journal maintained pursuant to the rules in Subchapter I of this Chapter shall include, with regard to a specific notarial act for which fees were charged: (1) how much the notary public charged for each notarial act perfo…

18 NCAC 07D .0204 CONSENT TO TRAVEL FEES MAY BE ELECTRONIC A notary public who charges travel fees pursuant to G.S. 10B-31(5) may obtain the advance consent of the principal in writing and delivered in any manner agreed upon by the notary and the principal. History Note: Authorit…

18 NCAC 07D .0205 CONTENTS OF ADVANCE CONSENT TO TRAVEL FEES A notary public who charges travel fees shall obtain advance written consent of the principal that includes the following information: (1) date of the consent; (2) name of the principal; (3) name of the notary; (4) esti…

18 NCAC 07D .0206 NOTARIAL RECORD OF WRITTEN CONSENT TO TRAVEL FEES A notary public who charges travel fees shall preserve the advance written consent as a notarial record: (1) in the notary's journal; or (2) if written consent is not included in a journal, then a record of the w…

SECTION .0300 – NOTICE TO DEPARTMENT OF CHANGES 18 NCAC 07D .0301 OBLIGATIONS to give notice of changes in primary information A notary applicant or notary public shall use the form specified in 18 NCAC 07B .0410 to notify the Department within 45 calendar days of changes in the …

18 NCAC 07D .0302 NOTICE TO DEPARTMENT OF PENDING CRIMINAL CHARGES A notary applicant or notary public shall notify the Department within 45 calendar days of a previously unreported pending criminal charge against the applicant or notary by complying with 18 NCAC 07B .0505. Histo…

18 NCAC 07D .0303 NOTICE TO DEPARTMENT OF CRIMINAL CHARGE DISPOSITION Within 45 calendar days of the date of the final disposition of a criminal charge against a notary applicant or a notary public, the applicant or notary shall notify the Department by complying with 18 NCAC 07B…

18 NCAC 07D .0304 NOTICE TO DEPARTMENT OF FINDINGS OR ADMISSIONS OF DECEIT A notary applicant or a notary public shall use the form specified in 18 NCAC 07B .0413 to notify the Department within 45 calendar days of a finding or admission of fault or liability in a civil lawsuit b…

18 NCAC 07D .0305 NOTICE TO DEPARTMENT OF CHANGES TO PROFESSIONAL LICENSES, NOTARY COMMISSIONS, OR PUBLIC OFFICES A notary applicant or notary public shall use the form specified in 18 NCAC 07B .0412 to notify the Department within 45 calendar days of an issuance, a denial, a rev…

18 NCAC 07D .0306 NOTICE TO DEPARTMENT OF OFFICIAL MISCONDUCT A notary applicant or notary public shall use the form specified in 18 NCAC 07B .0413 to notify the Department within 45 calendar days of a finding that the applicant or notary has engaged in official misconduct and sh…

18 NCAC 07D .0307 NOTICE TO DEPARTMENT OF FALSE OR MISLEADING ADVERTISING A notary applicant or notary public shall use the form specified in 18 NCAC 07B .0413 to notify the Department within 45 calendar days of a finding or a charge that the applicant or notary has knowingly use…

18 NCAC 07D .0308 NOTICE TO DEPARTMENT REGARDING UNAUTHORIZED PRACTICE OF LAW A notary applicant or notary public shall use the form specified in 18 NCAC 07B .0413 to notify the Department within 45 calendar days of a finding by a court or the attorney-licensing agency of any sta…

18 NCAC 07D .0309 NOTIFICATION OF ELECTRONIC NOTARY SOLUTION SERIOUS SERVICE PERFORMANCE PROBLEMS An electronic notary public shall use the form described in 18 NCAC 07B .0420 to notify the Department of any electronic notary solution dysfunction that the electronic notary consid…

18 NCAC 07D .0310 NOTARY REPORT OF LOSS, THEFT AND SIMILAR ISSUES Within 10 days of discovery, a notary public shall report to the Department using the form specified in 18 NCAC 07B .0431: (1) for a physical notary seal or journal, its unauthorized use, loss, theft, or vandalizat…

SECTION .0400 – GENERAL REQUIREMENTS FOR USE OF TECHNOLOGY 18 NCAC 07D .0401 ELECTRONIC NOTARY SEAL An electronic notary public shall: (1) obtain an electronic notary seal only from an authorized IPEN solution or platform provider; (2) present the electronic notary's registration…

18 NCAC 07D .0402 LICENSED PLATFORM USE FOR REMOTE OATHS AND AFFIRMATIONS PURSUANT TO G.S. 10B-134.9(d) A notary public shall use a licensed platform for administration of oaths or affirmations pursuant to G.S. 10B-134.9(d) and comply with the rules in Section .0500 of this Subch…

18 NCAC 07D .0403 TRADITIONAL NOTARY PUBLIC USE OF APPROVED CUSTODIAN FOR JOURNAL Any custodial services used by a traditional notary public shall have been approved by the Department. History Note: Authority G.S. 10B-4; 10B-134.19; 10B-134.21; Eff. July 1, 2025.

18 NCAC 07D .0404 NOTARY USE OF IDENTITY PROOFING AND CREDENTIAL ANALYSIS INDEPENDENT OF PLATFORM A notary public shall use approved identity proofing or credential analysis solutions when performing an in-person notarial act if the notary: (1) verifies the identity of the princi…

18 NCAC 07D .0405 APPROVED OR LICENSED TECHNOLOGY TO BE USED BY AN ELECTRONIC NOTARY PUBLIC An electronic notary public shall use only authorized technology providers when performing electronic notarial acts and remote electronic notarial acts. History Note: Authority G.S. 10B-4;…

18 NCAC 07D .0406 NOTIFICATION TO TECHNOLOGY PROVIDER OF CHANGES Prior to conducting any electronic notarial act, a notary public shall have provided the notary's technology providers with a copy of any new commission certificate reflecting changes to the notary's: (1) commission…

SECTION .0500 – REQUIREMENTS FOR GS 10B-134.9(d) OATHS AND AFFIRMATIONS 18 NCAC 07D .0501 NOTARY ADMINISTRATION OF REMOTE OATH OR AFFIRMATION PURSUANT TO G.S. 10B-134.9(d) A notary public administering a remote oath or affirmation pursuant to G.S. 10B-134.9(d) shall comply with: …

18 NCAC 07D .0502 DECLARATION OF JUDICIAL OFFICIAL OR OFFICER OF THE COURT A notary public may administer a remote oath or affirmation pursuant to G.S. 10B-134.9(d) only if: (1) the notarial act is requested by a judicial officer or an officer of the court; and (2) the requesting…

18 NCAC 07D .0503 PLATFORM CONFIRMATION OF NOTARY STATUS Before completing the platform account registration process in order to administer an oath or affirmation pursuant to G.S. 10B-134.9(d), a notary public shall: (1) undergo credential analysis and identity proofing by the pl…

18 NCAC 07D .0504 TRAINING REQUIREMENT FOR NOTARY PUBLIC ADMINISTERING A G.S. 10B-134.9(d) OATH OR AFFIRMATION A notary public shall not administer a remote oath or affirmation pursuant to G.S. 10B-134.9(d) unless the notary has completed the Department's educational module speci…

18 NCAC 07D .0505 DOCUMENTATION OF REMOTE OATH OR AFFIRMATION PURSUANT TO G.S. 10B-134.9(d) An entry shall be made in a notarial journal for each administration of a remote oath or affirmation pursuant to G.S. 10B-134.9(a) by any notary public who keeps a journal. History Note: A…

18 NCAC 07D .0506 JOURNAL ENTRY An entry in a notarial journal pursuant to Rule .0505 of this Section shall include the name of the judicial official or officer of the court who made the declaration pursuant to Rule .0502 of this Section. History Note: Authority G.S. 10B-4; 10B-1…

18 NCAC 07D .0507 RECORDING COUNT OF NOTARIAL ACTS Before ending a session in which remote oaths or affirmations are administered pursuant to G.S. 10B-134.9(d), a notary public shall: (1) count the number of oaths or affirmations administered that do not include a principal signa…

SECTION .0600 – ACCESS TO NOTARIAL RECORDS 18 NCAC 07D .0601 DISCLOSURE OF CONFIDENTIAL INFORMATION A notary public may disclose confidential information or provide a copy of a journal, a journal entry, or notarial records only pursuant to: (1) G.S. 10B-20(p)(1)-(5); (2) a waiver…

18 NCAC 07D .0602 RELEASE OF CONFIDENTIAL INFORMATION ON REQUEST OF PRINCIPALS A notary public may release confidential information learned from the principals or records generated during a notarial transaction only if: (1) all principals who participated in the notarial transact…

18 NCAC 07D .0603 EMPLOYER REQUEST FOR JOURNAL ENTRIES An electronic notary may provide the electronic notary's former employer with a copy of work-related entries in the electronic notary's electronic journal upon: (1) leaving employment with the employer; and (2) request of the…

18 NCAC 07D .0604 ADDITIONAL ELECTRONIC NOTARY OBLIGATIONS UPON EMPLOYER REQUEST An electronic notary public shall not provide the electronic notary's work-related electronic journal entries to the electronic notary's employer unless the notary retains a backup copy as required b…

18 NCAC 07D .0605 SUPPLEMENTAL ENTRIES RE ACCESS TO JOURNALS Upon releasing confidential information pursuant to this Section of this Subchapter and unless directed otherwise by court order or the Department, a notary public or electronic notary public shall make a supplemental e…

18 NCAC 07D .0606 CONTENTS OF SUPPLEMENTAL ENTRY RE RELEASE OF CONFIDENTIAL INFORMATION A notary public or an electronic notary public who makes a supplemental journal entry pursuant to Rule .0605 of this Section shall include the following in the entry: (1) the name of the reque…

SUBCHAPTER 07E – NOTARY INSTRUCTOR REQUIREMENTS SECTION .0100 – NOTARY INSTRUCTOR APPLICATION REQUIREMENTS 18 NCAC 07E .0101 INSTRUCTOR CERTIFICATION – SCOPE AND DEFINITIONS (a) This Subchapter sets the requirements for certification and recertification as a notary instructor and…

18 NCAC 07E .0102 CONDITIONS FOR BECOMING NOTARY INSTRUCTOR A commissioned notary public may become a certified notary instructor upon meeting the following conditions: (1) an eligible institution nominates the notary to the Department by written request pursuant to Rule .0103 of…

18 NCAC 07E .0103 NOMINATION BY ELIGIBLE INSTITUTION An eligible institution may nominate a notary public to be certified as a notary instructor by: (1) submitting a written request to the Department addressed to the Director; and (2) including in its request: (a) the full name o…

18 NCAC 07E .0104 FEE - EXEMPTION AND FAILURE TO PAY (a) An instructor applicant who asserts exemption from the fee pursuant to G.S. 10B-14(c) shall certify on the instructor certification or recertification application form that as of the date of application, the applicant is cu…

18 NCAC 07E .0105 GENERAL REQUIREMENTS An applicant for initial notary instructor certification shall: (1) be nominated by an eligible institution; (2) complete and submit the Department's notary instructor application form specified in 18 NCAC 07B .0414; (3) provide proof of act…

18 NCAC 07E .0106 MANDATORY DEPARTMENT DENIAL OF INSTRUCTOR APPLICATION The Department shall deny a notary instructor certification or recertification application if any of the following apply: (1) the applicant has not held a notary commission for at least one calendar year; (2)…

18 NCAC 07E .0107 DEPARTMENT REJECTION OF APPLICATIONS History Note: Authority G.S. 10B-8; 10B-14; Eff. January 1, 2008; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 6, 2016; Transferred from 18 NCAC 07B .0704 Eff. June 1, 2023;…

18 NCAC 07E .0108 VERIFICATION THAT INSTRUCTOR APPLICANT CONTINUES TO MEET REQUIREMENTS FOR A NOTARY COMMISSION An instructor applicant shall verify under penalty of perjury on the instructor application form specified in 18 NCAC 07B .0414 that: (1) the information on the applica…

18 NCAC 07E .0109 CHANGE IN INSTRUCTOR'S ELIGIBLE INSTITUTION (a) Within 45 days of a change in the eligible institution listed on the notary instructor application, an instructor applicant or certified notary instructor shall notify the Department in writing of: (1) the change i…

18 NCAC 07E .0110 reserved for future codification

18 NCAC 07E .0111 OTHER VERIFICATIONS History Note: Authority G.S. 10B-8; 10B-14; Eff. January 1, 2008; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 6, 2016; Transferred from 18 NCAC 07B .0707 Eff. June 1, 2023; Repealed Eff. Ju…

18 NCAC 07E .0112 RECOMMENDATIONS An instructor applicant shall include three recommendations from individuals who are not family members of the applicant. The recommendations shall be submitted on the Department's recommendation form specified in 18 NCAC 07B .0415. For purposes …

18 NCAC 07E .0113 INSTRUCTORS AS REGISTERED ELECTRONIC NOTARIES An instructor applicant shall: (1) be a registered electronic notary public at the time of application; or (2) comply with all requirements for registration as an electronic notary within three months of successfully…

SECTION .0200 – INSTRUCTOR APPLICANT VERIFICATION OF EXPERIENCE 18 NCAC 07E .0201 EVIDENCE OF ACTIVE EXPERIENCE AS A NOTARY Active experience as a notary public shall be established by the applicant pursuant to the rules in this Section by presenting any combination of the follow…

18 NCAC 07E .0202 JOURNAL AS EVIDENCE OF ACTIVE EXPERIENCE An instructor applicant may present evidence of active experience as a notary public by submitting: (1) a complete copy of a journal for the year immediately preceding the date on which the application is submitted; and (…

18 NCAC 07E .0203 reserved for future codification