North Carolina Administrative Code

18 NCAC 07E .1105 NOTARY INSTRUCTOR WITH LAPSE IN CERTIFICATION (a) A certified notary instructor who has a lapse between certification terms shall comply with the requirements for initial certification as a notary instructor. (b) Notwithstanding Paragraph (a) of this Rule, if th…

SECTION .1200 – INSTRUCTOR APPLICATION DENIALS 18 NCAC 07E .1201 RESERVED FOR FUTURE CODIFICATION

18 NCAC 07E .1202 APPLICATION DENIAL – FAILURE TO NOTIFY DEPARTMENT OF CHANGES The Department shall deny an application for notary instructor certification or recertification if the notary public or instructor has failed to notify the Department of changes as required by Chapter …

18 NCAC 07E .1203 APPLICATION DENIAL – TERMINATION FOR CAUSE The Department shall deny an application for notary instructor recertification if the certified notary instructor has been terminated by an eligible institution for cause. History Note: Authority G.S. 10B-4; 10B-14; 10B…

18 NCAC 07E .1204 APPLICATION DENIAL – FAILURE TO SUBMIT EXAM GRADES The Department shall deny the application for recertification of a certified notary instructor if the instructor applicant has failed to submit student exam grades in accordance with Rule .0604 of this Subchapte…

18 NCAC 07E .1205 APPLICATION DENIAL – DISCIPLINARY ACTION The Department shall deny an application for instructor certification or recertification if the notary public has been the subject of a disciplinary action, other than a warning or denial, that is related to performance a…

SUBCHAPTER 07F – ELECTRONIC NOTARY PUBLIC REQUIREMENTS SECTION .0100 – GENERAL 18 NCAC 07F .0101 SCOPE The rules in this Subchapter implement Chapter 10B, Article 2, of the General Statutes, the Electronic Notary Act. History Note: Authority G.S. 10B-4; 10B-125(b); 10B-126; 10B-1…

18 NCAC 07F .0102 definitions For purposes of Article 2 of Chapter 10B of the General Statutes, this Subchapter, and Subchapters 07H and 07J of this Chapter: (1) "Biometric authentication" means proving the identity of a user through technologies that require measurement and anal…

18 NCAC 07F .0103 ELECTRONIC NOTARIES PERFORMING REMOTE ELECTRONIC NOTARIAL ACTS An electronic notary public shall not perform a remote electronic notarial act until the electronic notary has complied with the requirements of: (1) this Subchapter; and (2) 18 NCAC 07D .0400 and 18…

SECTION .0200 – QUALIFICATIONS TO BE ELECTRONIC NOTARY 18 NCAC 07F .0201 VALID COMMISSION An electronic notary applicant shall hold a valid North Carolina notary commission and shall affirm that the applicant continues to meet the qualifications to hold the notary commission. His…

18 NCAC 07F .0202 CURRENT PERSONAL COPY OF MANUAL An electronic notary applicant shall possess a current and personal copy of the North Carolina notary manual applicable to electronic notaries. History Note: Authority G.S. 10B-4; 10B-134.21; Eff. July 1, 2025.

SECTION .0300 – EDUCATION OF ELECTRONIC NOTARIES PUBLIC 18 NCAC 07F .0301 APPROVED COURSE OF STUDY FOR ELECTRONIC NOTARIES PUBLIC (a) The Department shall develop the training course and testing for applicants for electronic notary public registration. (b) The Department shall tr…

18 NCAC 07F .0302 COURSES TO BE TAUGHT BY CERTIFIED NOTARY INSTRUCTORS Before submitting an application for registration as an electronic notary public, an individual shall attend and successfully complete an electronic notary course taught by a certified notary instructor. Histo…

18 NCAC 07F .0303 ELECTRONIC NOTARY COURSE Before performing a remote electronic notarization, electronic notaries public registered prior to July 1, 2025, shall either: (1) successfully complete a remote electronic notarization course module taught by a certified notary instruct…

18 NCAC 07F .0304 STUDENT IDENTITY Each electronic notary course student shall: (1) be personally known to the certified notary instructor; or (2) present satisfactory evidence of identity to the certified notary instructor. History Note: Authority G.S. 10B-4; 10B-14; 10B-125; 10…

18 NCAC 07F .0305 PASSING SCORE ON EXAMINATION A passing score on the electronic notary course examination shall be 80 percent or higher. History Note: Authority G.S. 10B-4; 10B-134.21; Eff. July 1, 2024.

SECTION .0400 – APPLICATION FOR REGISTRATION AS ELECTRONIC NOTARY PUBLIC 18 NCAC 07F .0401 SUBMISSSION The electronic notary applicant shall electronically submit the electronic notary registration form, described at 18 NCAC 07B .0404. History Note: Authority G.S. 10B-4; 10B-106;…

18 NCAC 07F .0402 TIMING OF APPLICATION An electronic notary applicant shall submit an application to be registered as an electronic notary public within three months of successfully completing the electronic notary course. Note: For the purposes of this Rule, "month" shall mean …

18 NCAC 07F .0403 NOTICE TO DEPARTMENT OF CHANGES An electronic notary applicant shall have provided all notices to the Department required by Chapter 10B of the General Statutes and the rules in this Chapter before submitting an application. History Note: Authority G.S. 10B-4; 1…

18 NCAC 07F .0404 FAILURE TO SUBMIT APPLICATION IN TIME The Department shall deny an application that does not comply with Rule .0402 of this Section. If the applicant reapplies, the electronic notary applicant shall comply with the following: (1) successfully complete the electr…

section .0500 – registrations 18 NCAC 07F .0501 reserved for future codification

18 NCAC 07F .0502 reserved for future codification

18 NCAC 07F .0503 NOTICE OF DEPARTMENT'S ACTIONS FOR QUALIFIED ELECTRONIC NOTARY APPLICANTS The Department shall notify the notary public that the notary is qualified by electronically issuing an electronic notary registration certificate to the electronic notary public. History …

18 NCAC 07F .0504 reserved for future codification

18 NCAC 07F .0509 REGISTRATION EFFECTIVE DATE The applicant's electronic notary public registration shall be effective as of the date stated on the registration certificate. History Note: Authority G.S. 10B-4; 10B-106; 10B-134.21; Eff. March 1, 2025.

18 NCAC 07F .0510 reserved for future codification

18 NCAC 07F .0511 reserved for future codification

18 NCAC 07F .0512 CONFIRMATION OF ELECTRONIC NOTARY STATUS Upon electronic request of a technology provider, the Department shall report a notary public's status as an electronic notary public registered to perform electronic and remote electronic notarizations. History Note: Aut…

18 NCAC 07F .0513 PERFORMING ELECTRONIC AND REMOTE ELECTRONIC NOTARIAL ACTS A notary public shall not perform any electronic or remote electronic notarial act until: (1) the notary has received the electronic notary registration certificate; and (2) the electronic notary public h…

Section .0600 – Selection and use of technology provider to perform electronic notarial acts 18 NCAC 07F .0601 NOTICE TO DEPARTMENT OF TECHNOLOGY PROVIDER An electronic notary public shall use the form described in 18 NCAC 07B .0405 to provide notice to the Department of all tech…

18 NCAC 07F .0602 APPROVED TECHNOLOGY PROVIDER An electronic notary public shall use only technology providers approved or licensed by the Department and listed on the Department's website. History Note: Authority G.S. 10B-4; 10B-125; 10B-126; 10B-134.15; 10B-134.17; 10B-134.21; …

SECTION .0700 – ELECTRONIC NOTARY SIGNATURE 18 NCAC 07F .0701 UNIQUE SIGNATURE The electronic notary signature shall be independently verifiable and specific to each electronic notary public. History Note: Authority G.S. 10B-4; 10B-125(b); 10B-126(d); 10B-127; 10B-134.21; Eff. Ja…

18 NCAC 07F .0702 SOLE CONTROL The electronic notary public shall retain exclusive control of the electronic notary signature such that the electronic signature can be attributed solely to the electronic notary. History Note: Authority G.S. 10B-4; 10B-125(b); 10B-126(d); 10B-127;…

18 NCAC 07F .0703 EXCLUSIVE History Note: Authority G.S. 10B-125(b), 10B-126(d); 47-16.5; 47-16.7; 147-36; 15 USC 7002; Eff. January 1, 2007; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 6, 2016; Transferred from 18 NCAC 07C .04…

18 NCAC 07F .0704 ELECTRONIC SIGNATURE The electronic notary public shall apply the electronic notary's electronic signature to the document being notarized and upon commitment the signature shall be permanently affixed to the document. History Note: Authority G.S. 10B-4; 10B-125…

18 NCAC 07F .0705 APPEARANCE OF ELECTRONIC SIGNATURE An electronic notary public shall: (1) electronically sign the electronic notary certificate; and (2) verify that the image of the electronic notary's handwritten electronic signature is an accurate representation of the notary…

18 NCAC 07F .0706 SIGNATURE COMPLIANCE An electronic notary public shall ensure that the electronic notary's electronic signature complies with Chapter 10B of the General Statutes and the rules in this Subchapter each time it is affixed. History Note: Authority G.S. 10B-4; 10B-12…

18 NCAC 07F .0707 SIGNATURE REVIEW BEFORE USE An electronic notary public shall review the electronic notary's electronic signature for accuracy before the signature is used for the first time. History Note: Authority G.S. 10B-4; 10B-125(b); 10B-126(d); 10B-134.21; Eff. July 1, 2…

18 NCAC 07F .0708 AFFIXING ELECTRONIC SIGNATURE An electronic notary public shall not affix the electronic notary's electronic signature until: (1) the principals have appeared before the electronic notary as required by Article 2 of Chapter 10B of the General Statutes; (2) the p…

18 NCAC 07F .0709 REVIEW AFTER AFFIXING ELECTRONIC SIGNATURE After the electronic notary public affixes the notary's electronic signature, and before the electronic signature is committed by the notary, the electronic notary shall review the electronic signature to ensure that it…

18 NCAC 07F .0710 PLACEMENT OF ELECTRONIC SIGNATURE Before committal, the electronic notary shall ensure that the electronic notary's electronic signature does not obscure any text or signatures on the electronic record. History Note: Authority G.S. 10B-4; 10B-125(b); 10B-126(a);…

SECTION .0800 – ELECTRONIC NOTARY SEAL 18 NCAC 07F .0801 UNIQUE SEAL The electronic notary seal shall be independently verifiable and specific to each electronic notary public. History Note: Authority G.S. 10B-4; 10B-125(b); 10B-126(d); 10B-127; 10B-134.21; Eff. January 1, 2007; …

18 NCAC 07F .0802 SOLE CONTROL The electronic notary public shall retain exclusive control of the electronic notary seal such that the electronic notary seal can be attributed solely to the electronic notary. History Note: Authority G.S. 10B-4; 10B-125(b); 10B-126(d); 10B-127; 10…

18 NCAC 07F .0803 exclusive History Note: Authority G.S. 10B-125(b); 10B-126(d); 47-16.5; 47-16.7; 147-36; 15 USC 7002; Eff. January 1, 2007; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 6, 2016; Transferred from 18 NCAC 07C .04…

18 NCAC 07F .0804 ATTRIBUTES OF ELECTRONIC SEAL (a) After completing a notarial certificate for an in-person electronic or remote electronic notarial act, the electronic notary public shall do the following in this order: (1) apply an image of the notary's electronic seal; (2) ap…

18 NCAC 07F .0805 APPEARANCE OF ELECTRONIC NOTARY SEAL An electronic notary public shall: (1) electronically affix the electronic notary seal; and (2) verify that the image is an accurate representation of the seal. History Note: Authority G.S. 10B-4; 10B-125(b); 10B-126(d); 10B-…

18 NCAC 07F .0806 PERIMETER History Note: Authority G.S. 10B-125(b); 10B-126(d); 47-16.5; 47-16.7; 147-36; 15 USC 7002; Eff. January 1, 2007; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 6, 2016; Transferred from 18 NCAC 07C .04…

18 NCAC 07F .0807 CONTENTS OF ELECTRONIC NOTARY SEAL When the electronic record to which the electronic notary's electronic seal is affixed is printed on an eight and one-half by 11 sheet of paper, the notary's seal shall have: (1) a visible border: (a) having a physical appearan…

18 NCAC 07F .0808 USE OF ELECTRONIC NOTARY SEALS Only the electronic notary public whose commission name and county of commission is incorporated into the electronic seal is permitted to apply the electronic notary's electronic notary seal to an electronic document. History Note:…

18 NCAC 07F .0809 SEAL COMPLIANCE An electronic notary public shall ensure that the electronic notary's electronic seal complies with Chapter 10B of the General Statutes and the rules in this Subchapter each time it is affixed. History Note: Authority G.S. 10B-4; 10B-125(b); 10B-…