North Carolina Administrative Code

18 NCAC 07F .0810 SEAL LIMITATION An electronic notary public's electronic seal shall include no information or images other than those required by Rule .0807 of this Subchapter. History Note: Authority G.S. 10B-4; 10B-125(b); 10B-126(d); 10B-134.21; Eff. July 1, 2024.

18 NCAC 07F .0811 SEAL REVIEW BEFORE USE An electronic notary public shall review the electronic notary's electronic seal for compliance with the rules in this Section before the seal is used for the first time. History Note: Authority G.S. 10B-4; 10B-125(b); 10B-126(d); 10B-134.…

18 NCAC 07F .0812 AFFIXING ELECTRONIC SEAL An electronic notary public shall not affix the electronic notary's electronic seal until: (1) the principals have appeared before the electronic notary as required by Article 2 of Chapter 10B of the General Statutes; (2) the principals …

18 NCAC 07F .0813 REVIEW AFTER AFFIXING ELECTRONIC SEAL After the electronic notary public affixes the electronic notary's electronic seal, and before the electronic notary commits the electronic seal, the electronic notary shall review the notary's electronic seal to ensure that…

18 NCAC 07F .0814 FINALIZATION OF NOTARIAL SESSION After an electronic notary public has complied with the requirements of Sections .0700 and .0800 of this Subchapter relating to review of signatures and seals after affixing them, the electronic notary shall: (1) ensure that the …

18 NCAC 07F .0815 PLACEMENT OF ELECTRONIC SEAL Before committal, the electronic notary shall ensure that the electronic notary's electronic seal does not obscure any text or signatures on the electronic record. History Note: Authority G.S. 10B-4; 10B-125(b); 10B-126(a); 10B-134.2…

18 NCAC 07F .0816 APPLICATION OF ELECTRONIC NOTARY'S DIGITAL CERTIFICATE An electronic notary public shall apply, or allow the platform or IPEN provider to apply, the electronic notary's digital certificate to an electronic record after the electronic notary's electronic signatur…

SECTION .0900 – REREGISTRATION AS ELECTRONIC NOTARY 18 NCAC 07F .0901 REREGISTRATION An electronic notary public applying to reregister as an electronic notary shall comply with application procedures: (1) in Chapter 10B of the General Statutes; and (2) in this Subchapter. Histor…

18 NCAC 07F .0902 TIMING OF REREGISTRATION An electronic notary public desiring to reregister and who does not apply for reregistration at the same time the notary applies for recommissioning shall comply with Rule .0905 of this Section. History Note: Authority G.S. 10B-4; 10B-10…

18 NCAC 07F .0903 FORM An electronic notary public shall use the form described in 18 NCAC 07B .0404 to apply for reregistration as an electronic notary. History Note: Authority G.S. 10B-4; 10B-106; 10B-125; 10B-126; 10B-134.21; Eff. March 1, 2025.

18 NCAC 07F .0904 EDUCATION An applicant for reregistration as an electronic notary public shall successfully complete the electronic notary course again before applying. History Note: Authority G.S. 10B-4; 10B-125; 10B-126; 10B-134.21; Eff. July 1, 2024.

18 NCAC 07F .0905 ELECTRONIC NOTARY REREGISTRATION OTHER THAN AT RECOMMISSIONING An electronic notary public who does not apply for reregistration as an electronic notary at the same time that the notary applies for recommissioning as a traditional notary and who later desires to…

18 NCAC 07F .0906 REGISTRATION Section .0500 of this Subchapter shall apply to an electronic notary applicant who is reregistered as an electronic notary public. History Note: Authority G.S. 10B-4; 10B-125; 10B-126; 10B-134.15; 10B-134.17; 10B-134.21; Eff. March 1, 2025.

SECTION .1000 – CONFIDENTIALITY, SECURITY, AND RECORDS RETENTION 18 NCAC 07F .1001 EMPLOYERS OF ELECTRONIC NOTARIES (a) Neither the employer nor any of the employer's employees or agents shall use or permit the use of an electronic notary seal or electronic notary signature by an…

18 NCAC 07F .1002 PROTECTING ACCESS An electronic notary public shall limit access to the electronic notary signatures, electronic seals, and journals by complying with the provider's requirements for the use of means of authentication approved by the Department. History Note: Au…

18 NCAC 07F .1003 RETENTION OF ELECTRONIC JOURNAL An electronic notary public shall maintain a copy of the electronic notary's electronic journal and the backup copy of the journal for at least 10 years after the last notarial act. History Note: Authority G.S. 10B-4; 10B-126(d); …

18 NCAC 07F .1004 NOTARY CREDENTIAL SHARING FORBIDDEN An electronic notary public shall not share the means of authentication that the electronic notary uses to access an electronic notary solution with anyone. History Note: Authority G.S. 10B-4; 10B-126; 10B-134.15; 10B-134.17; …

SECTION .1100 – CONTINUING OBLIGATIONS OF ELECTRONIC NOTARIES 18 NCAC 07F .1101 PRESENCE REQUIREMENT FOR ELECTRONIC NOTARIZATION When an electronic notary public performs an electronic notarization, the principal shall be in the presence of the electronic notary at the time of no…

18 NCAC 07F .1102 PRESENCE REQUIREMENT FOR REMOTE ELECTRONIC NOTARIZATION When an electronic notary public performs a remote electronic notarization, the remotely located principal shall appear before the electronic notary at the time of notarization using communication technolog…

18 NCAC 07F .1103 INDIVIDUAL PRINCIPAL SIGNATURES FOR ELECTRONIC NOTARIAL ACT An electronic notary public who performs an electronic or remote electronic notarial act shall require the principal to affix each signature individually. History Note: Authority G.S. 10B-4; 10B-125(b);…

18 NCAC 07F .1104 ADDITIONAL OBLIGATIONS In addition to complying with the continuing obligations imposed by the rules in 18 NCAC 07D, an electronic notary public shall comply with the requirements of 18 NCAC 07I. History Note: Authority G.S. 10B-4; 10B-106(f); 10B-125(b); 10B-12…

18 NCAC 07F .1105 NO ELECTRONIC NOTARIZATION OF INK SIGNATURE An electronic notary public shall not use the electronic notary's electronic signature and electronic seal to notarize an ink signature signed by hand. History Note: Authority G.S. 10B-4; 10B-125(b); 10B-126(d); Eff. J…

18 NCAC 07F .1106 NOTICE OF CHANGES Within 10 business days of an electronic notary public choosing to use a different technology provider, an electronic notary shall notify the Department using the form described in 18 NCAC 07B .0406. History Note: Authority G.S. 10B-4; 10B-106(…

18 NCAC 07F .1107 TECHNOLOGICAL ISSUE AS REASON TO HALT ELECTRONIC OR REMOTE ELECTRONIC NOTARIAL ACT An electronic notary public shall not perform an electronic notarial act or a remote notarial act if there is: (1) a complete technological failure that impedes the performance of…

18 NCAC 07F .1108 RESOLUTION OF TECHNOLOGICAL ISSUES An electronic notary public may continue and complete an electronic or remote electronic notarial transaction if the electronic notary concludes that any technological failure: (1) has been resolved; (2) will not impair perform…

18 NCAC 07F .1109 CEASING TO USE A TECHNOLOGY PROVIDER An electronic notary public shall notify the Department within 10 business days of the date on which: (1) the electronic notary cancels a contract or subscription with a technology provider; or (2) the electronic notary is pr…

18 NCAC 07F .1110 NOTICE OF CANCELLATION BY PROVIDER An electronic notary public shall notify the Department within 10 business days if the technology provider takes actions that: (1) suspend or halt the provider's operations or the availability of its technology; or (2) impair t…

18 NCAC 07F .1111 CONTENT OF NOTICE A notice pursuant to Rules .1109 or .1110 of this Section shall include: (1) the reason for the notice; and (2) any other information the electronic notary public thinks may help the Department to assess the action of the provider. History Note…

Subchapter 07G - notary seal manufacturers and vendors 18 NCAC 07G .0101 Scope The rules in this Subchapter govern notary public seals made, offered for sale, sold, or delivered for use by North Carolina notaries public by: (1) manufacturers of physical notary public seals; (2) v…

18 NCAC 07G .0102 PHYSICAL SEAL REQUIREMENTS A manufacturer or vendor of physical notary public seals shall not offer, sell, or deliver a physical notary public seal to a North Carolina notary public unless the seal complies with G.S. 10B-36 and 10B-37. History Note: Authority G.…

18 NCAC 07G .0103 ELECTRONIC NOTARY SEAL REQUIREMENTS A platform or IPEN provider shall not provide an electronic notary seal unless the seal complies with: (1) G.S. 10B-117(1)-(4); (2) 18 NCAC 07F .0800; and (3) 18 NCAC 07J .0700. History Note: Authority G.S. 10B-4; 10B-125(b); …

18 NCAC 07G .0104 REQUIREMENTS FOR SALE OF PHYSICAL SEAL TO NORTH CAROLINA NOTARY A manufacturer or vendor shall comply with the requirements in Rule .0105 of this Subchapter before offering for sale, selling, mailing, or delivering a physical notary public seal to an individual …

18 NCAC 07G .0105 IDENTIFICATION OF NOTARY PUBLIC APPEARING IN PERSON A manufacturer or vendor shall not provide a physical notary seal to an individual claiming to be a North Carolina notary public appearing in person for the purchase unless: (1) the individual is personally kno…

18 NCAC 07G .0106 NOTARY COMMISSION CERTIFICATE RECEIPT BY MANUFACTURER OR VENDOR A manufacturer or vendor shall require any individual claiming to be a North Carolina notary public purchasing or ordering a physical notary public seal to present: (1) for an in-person purchase, th…

18 NCAC 07G .0107 MAKING AND RETAINING COPY OF NOTARY COMMISSION CERTIFICATE A manufacturer or vendor shall retain in its records for 10 years a copy of the notary commission certificate presented pursuant to Rule .0106 of this Section. History Note: Authority G.S. 10B-4; 10B-36(…

18 NCAC 07G .0108 CONFIRMATION OF NOTARY'S ACTIVE STATUS WITH THE DEPARTMENT A manufacturer or vendor shall not deliver a physical seal to an individual claiming to be a North Carolina notary public until the manufacturer has: (1) obtained the commission number from the notarial …

18 NCAC 07G .0109 REGISTRATION WITH THE DEPARTMENT Prior to making or selling a physical seal to a North Carolina notary public, the manufacturer or vendor shall register with the Department by electronically submitting the form specified in 18 NCAC 07B .0430. History Note: Autho…

18 NCAC 07G .0110 ANNUAL REGISTRATION UPDATE On or before the first day of July each year, a manufacturer or vendor shall electronically update its registration with the Department by electronically submitting the form specified in 18 NCAC 07B .0430 to inform the Department of an…

SUBCHAPTER 07H – REMOTE ELECTRONIC NOTARIAL ACT AND IPEN REQUIREMENTS SECTION .0100 - GENERAL PROVISIONS 18 NCAC 07H .0101 SCOPE (a) The rules in this Subchapter implement Part 4A, Remote Electronic Notarization of Article 2, Electronic Notary Act, of Chapter 10B of the General S…

18 NCAC 07H .0102 REQUIREMENTS FOR ELECTRONIC NOTARIES PERFORMING REMOTE ELECTRONIC NOTARIAL ACTS Before performing a remote electronic notarial act, other than one subject to 18 NCAC 07D .0500, an electronic notary public shall comply with the applicable rules in: (1) this Subch…

18 NCAC 07H .0103 DEFINITIONS For purposes of this Subchapter: (1) "Active duty" means that term as it is defined in 10 U.S.C. 101(d)(1). (2) "Armed Forces" means that term as it is defined in 18 NCAC 07B .0102(4). (3) "Credential" or "credentials" means a document presented as s…

18 NCAC 07H .0104 PROHIBITED ACTS A notary public shall not perform a remote electronic notarial act if the act: (1) is prohibited by G.S. 10B-20, 10B-22, 10B-23, 10B-134.3, or 163-231; or (2) is an inventory of a safe deposit box as described in G.S. 53C-6-13(a). History Note: A…

SECTION .0200 – ESTABLISHING LOCATION OF PRINCIPALS 18 NCAC 07H .0201 TIMING OF VERIFICATION OF LOCATION (a) A notary public shall verify the location of a principal seeking a remote electronic notarization as required by G.S. 10B-134.9(a)(6) before beginning a remote electronic …

18 NCAC 07H .0202 MEANS OF DETERMINING PRINCIPAL LOCATION A notary public shall determine the location of a principal seeking a remote electronic notarization by: (1) geolocation if the principal is using a GPS-enabled device; or (2) self-attestation by the principal if the princ…

18 NCAC 07H .0203 PROCEDURE WHEN PRINCIPAL USES GPS-ENABLED DEVICE Unless an exception in Rule .0204 of this Section applies, a notary public shall terminate a notarial transaction if: (1) the platform indicates that the principal has a GPS-enabled device capable of geolocation t…

18 NCAC 07H .0204 EXCEPTION TO RULE .0203 A notary public shall not terminate a notarial transaction pursuant to Rule .0203 of this Section if the principal seeking a remote electronic notarization makes a self-attestation pursuant to Rules .0206 or .0207 of this Section. History…

18 NCAC 07H .0205 CONTENTS OF ATTESTATION OF LOCATION A principal's self-attestation of current location shall consist of: (1) the name of the principal who is identified to the notary public; (2) a statement that the principal is currently located: (a) inside the United States i…

18 NCAC 07H .0206 CONTENTS OF ATTESTATION OF LOCATION ON U.S. MILITARY INSTALLATION OR VESSEL Self-attestation by a principal of current location on a United States military installation or vessel outside the United States shall consist of: (1) the name of the principal making th…

18 NCAC 07H .0207 EXCEPTION TO RULE .0206 If a principal cannot provide the information in Rule .0206 of this Section for reasons of United States national security, the principal may attest that: (1) the principal is on a U.S. military installation or vessel pursuant to military…

18 NCAC 07H .0208 ADDITIONAL REQUIREMENTS FOR WRITTEN ATTESTATION OF LOCATION A remotely located principal may self-attest to the principal's location by using communication technology to deliver a writing to the notary public that conforms to Rules .0205 or .0206 of this Section…