North Carolina Administrative Code

SECTION .0300 – IDENTITY VERIFICATION 18 NCAC 07H .0301 VERIFICATION OF IDENTITY BY NOTARY PUBLIC Prior to performing a remote electronic notarial act, a notary public shall identify the remotely located principal by: (1) personal knowledge as defined in G.S. 10B-3(17); or (2) re…

18 NCAC 07H .0302 CREDIBLE WITNESS PROHIBITED FOR IDENTITY VERIFICATION OF REMOTE PRINCIPALS For purposes of identifying a remotely located principal, a notary public shall not rely upon a credible witness. History Note: Authority G.S. 10B-4; 10B-134.15; 10B-134.17; 10B-134.21; 1…

18 NCAC 07H .0303 NOTARY REQUEST FOR ADDITIONAL INFORMATION If a notary public determines that additional information, identity proofing, or identification credentials are necessary to confirm the identity of the remotely located principal, then the notary shall: (1) require the …

SECTION .0400 – CONTINUOUS COMMUNICATION BETWEEN NOTARY AND PRINCIPAL 18 NCAC 07H .0401 UNOBSTRUCTED VIEW Except as noted in Rule .0406 of this Section, a notary public shall not perform a remote electronic notarization unless, in the judgment of the notary, there is a clear and …

18 NCAC 07H .0402 MODIFIED IMAGE OF PRINCIPAL A notary public shall not perform a remote electronic notarization if, in the judgment of the notary, the live on-screen image of the remotely located principal: (1) appears to be: (a) altered; (b) unnatural; or (c) simulated; or (2) …

18 NCAC 07H .0403 AUDIO IMPAIRMENT A notary public shall not perform a remote electronic notarization if, in the judgment of the notary, the quality and clarity of the audio communication prevents each participant from hearing and understanding all other participants. History Not…

18 NCAC 07H .0404 MODIFIED VOICE OF PRINCIPAL Except as permitted in Rule .0405 of this Section, a notary public shall not perform a remote electronic notarization if, in the judgment of the notary, the voice of the remotely located principal: (1) appears to be: (a) altered; (b) …

18 NCAC 07H .0405 EXCEPTION TO RULE .0404 A notary public may perform a remote electronic notarization for a principal who, in order to be accommodated pursuant to G.S. 134.1(1), must use a technology that: (1) filters, alters, or simulates the principal's voice or produces speec…

18 NCAC 07H .0406 PRINCIPAL DISAPPEARANCE OR EXIT A notary public shall terminate the remote electronic notarial transaction process if the remotely located principal: (1) disappears from the notary's view for an excessive amount of time, as determined by the notary; or (2) exits…

SECTION .0500 – ELECTRONIC NOTARY PUBLIC STORAGE OF RECORDS 18 NCAC 07H .0501 DESIGNATION OF APPROVED CUSTODIAN An electronic notary public shall designate an approved custodian to maintain the electronic notary's records, using the form described 18 NCAC 07B .0405. History Note:…

18 NCAC 07H .0502 CUSTODIAN DESIGNATION LIMITATION An electronic notary public shall designate as custodian only an approved custodian that has agreed to provide custodial services to the electronic notary. History Note: Authority G.S. 10B-4; 10B-134.15; 10B-134.17; 10B-134.21; 1…

18 NCAC 07H .0503 NOTICE TO DEPARTMENT OF CUSTODIAN An electronic notary public shall use the form in 18 NCAC 07B .0405 to notify the Department of: (1) designation of an approved custodian for the electronic notary's records; (2) designation of the electronic notary as a custodi…

18 NCAC 07H .0504 SELF-DESIGNATION AS CUSTODIAL NOTARY An electronic notary public may be designated as custodian of the electronic notary's own electronic journal consisting solely of IPEN acts only if the electronic notary: (1) lists the electronic notary's name as custodial no…

18 NCAC 07H .0505 CUSTODIAL NOTARY PROHIBITIONS A custodial notary shall not serve as the custodian for: (1) the records of another notary public; or (2) the records of a remote electronic notarial act. History Note: Authority G.S. 10B-4; 10B-134.15; 10B-134.17; 10B-134.21; 10B-1…

18 NCAC 07H .0506 ELECTRONIC NOTARY NOTICE TO PLATFORM OR IPEN PROVIDER OF CUSTODIAN An electronic notary public shall notify the electronic notary's designated platform or IPEN provider of the name of the electronic notary's custodian: (1) before the first use of the platform or…

18 NCAC 07H .0507 STORING RECORDS WITH APPROVED DEPOSITORIES AND CUSTODIANS An electronic notary public shall ensure that the electronic notary's session records are accessible to, and readable by, the electronic notary while stored with: (1) an approved depository; and (2) an ap…

18 NCAC 07H .0508 TRANSFER OF RECORDS FOR WHICH RETENTION PERIOD HAS NOT ENDED If the retention period for an electronic notary public's records has not expired, an electronic notary public shall: (1) transfer the records only to another approved custodian; and (2) notify the Dep…

18 NCAC 07H .0509 RECORDS FOR WHICH RETENTION PERIOD HAS ENDED An electronic notary public shall, with regard to session records for which the retention period has expired: (1) direct the custodian to securely delete the records; (2) if a custodial notary, securely delete the rec…

18 NCAC 07H .0510 NO DELETION OF SESSION RECORDS PRIOR TO EXPIRATION OF RETENTION PERIOD An electronic notary public shall not direct a custodian to delete a session record or its backup prior to the end of the retention period established by Rule .0507 of this Section. History N…

18 NCAC 07H .0511 CUSTODIAL NOTARY LIMITATIONS ON DELETION OF SESSION RECORD A custodial notary shall not delete a session record or its backup prior to the end of the retention period established by Rule .0507 of this Section. History Note: Authority G.S. 10B-4; 10B-134.15; 10B-…

18 NCAC 07H .0512 ELECTRONIC NOTARY DIRECTION OF DELETION OF RECORDS AFTER TRANSFER TO CUSTODIAN After a session record has been transferred to a custodian, an electronic notary public may direct a depository to securely delete any of the notary's journal convenience copies. Hist…

SECTION .0600 – COMMUNICATION TECHNOLOGY RECORDINGS 18 NCAC 07H .0601 SCOPE The rules in this Section of this Subchapter shall apply to communication technology recordings and shall not apply to recordings of remote oaths or affirmations administered pursuant to G.S. 10B-134.9(d)…

18 NCAC 07H .0602 PRINCIPAL REFUSAL TO BE RECORDED If a remotely located principal refuses to be recorded, the electronic notary public shall cancel the remote electronic notarization. History Note: Authority G.S. 10B-4; 10B-134.15; 10B-134.17; 10B-134.21; 10B-134.23; Eff. July 1…

18 NCAC 07H .0603 REQUESTS FOR ATTORNEY If a remotely located principal requests the presence of an attorney, the electronic notary public shall not proceed with the remote electronic notarial transaction process unless: (1) the attorney is present: (a) physically in the same pla…

18 NCAC 07H .0604 RECORDING SHALL START BEFORE NOTARIAL ACT IS PERFORMED An electronic notary public shall begin the communication technology recording before performing a remote electronic notarial act. History Note: Authority G.S. 10B-4; 10B-134.15; 10B-134.17; 10B-134.21; 10B-…

18 NCAC 07H .0605 RECORDING SHALL BE CONTINUOUS Once an electronic notary public starts a communication technology recording, the electronic notary shall not end the recording until: (1) all remote electronic notarial acts comprising the remote electronic notarial transaction hav…

18 NCAC 07H .0606 COMMUNICATION RECORDING PREFACE TO REMOTE ELECTRONIC NOTARIAL ACT When an electronic notary public starts a communication technology recording of a remote electronic notarial act, the electronic notary shall: (1) state the information required by Rule .0607 of t…

18 NCAC 07H .0607 ELECTRONIC NOTARY RECITATION FOR COMMUNICATION TECHNOLOGY RECORDING Immediately after initiating a communication technology recording, an electronic notary public shall state: (1) the electronic notary's commission name; (2) that the electronic notary is then lo…

18 NCAC 07H .0608 REMOTELY LOCATED PRINCIPAL'S DECLARATION FOR COMMUNICATION TECHNOLOGY RECORDING Prior to performing any remote electronic notarial act, the electronic notary public shall direct each remotely located principal to state: (1) the remotely located principal's name …

18 NCAC 07H .0609 IDENTIFYING INDIVIDUALS IN SAME LOCATION AS PRINCIPAL While recording the remote electronic notarial transaction process, an electronic notary public shall direct the remotely located principal to: (1) state the names of any individuals who are then physically p…

18 NCAC 07H .0610 STATEMENT FROM NON-PRINCIPALS APPEARING VIA COMMUNICATION TECHNOLOGY After the communication technology recording begins, the electronic notary public shall direct all participants who are not principals to state: (1) their names; and (2) their role, if any, wit…

18 NCAC 07H .0611 acknowledgment – additional requirements for communication technology recording An electronic notary public performing a remote acknowledgment for a remotely located principal shall require the principal to acknowledge during the communication technology recordi…

18 NCAC 07H .0612 COMMUNICATION TECHNOLOGY RECORDING OWNERSHIP A communication technology recording shall be the private property of the electronic notary public. History Note: Authority G.S. 10B-4; 10B-134.15; 10B-134.17; 10B-134.21; 10B-134.23; Eff. July 1, 2025.

SECTION .0700 - SECURITY AND CONFIDENTIALITY REQUIREMENTS 18 NCAC 07H .0701 ACCESS TO COMMUNICATION TECHNOLOGY RECORDINGS An electronic notary public shall not permit access to communication technology recordings by any person unless allowed pursuant to G.S. 10B-20(p) and the rul…

SUBCHAPTER 07I – JOURNALS SECTION .0100 – GENERAL 18 NCAC 07I .0101 NOTARIES SUBJECT TO JOURNALING REQUIREMENTS (a) An electronic notary public who performs electronic notarial acts shall maintain an electronic journal in conformity with the rules in this Subchapter. (b) A notary…

18 NCAC 07I .0102 DEFINITIONS The definitions in this Rule apply to this Subchapter, and Subchapters 07H and 07J of this Chapter: (1) "Canceled act" means an instance where a notary public or a principal begins the notarial transaction process and halts it for any reason. Note: A…

18 NCAC 07I .0103 JOURNAL REQUIREMENT For any journal created pursuant to this Subchapter: (1) an electronic notary public shall maintain an accurate backup copy of the notary's journal; and (2) a traditional notary public who maintains a journal shall retain a copy of a journal …

18 NCAC 07I .0104 JOURNAL OWNERSHIP The information in the notary journal is the private property of the notary public. History Note: Authority G.S. 10B-4; 10B-38; 10B-126; 10B-134.15; 10B-134.21; Eff. July 1, 2024.

18 NCAC 07I .0105 ENTRY OF DATA INTO JOURNAL A notary public shall be the only person to make entries into the notary's journal, unless otherwise permitted for traditional notaries by Chapter 10B of the General Statutes or Rule .0106 of this Section. History Note: Authority G.S. …

18 NCAC 07I .0106 EXCEPTIONS TO RULE .0105 Exceptions to Rule .0105 of this Section shall be limited to entries in journals of in-person notarizations consisting of the following: (1) signatures by principals; (2) signatures by credible witnesses; or (3) signatures by designees o…

18 NCAC 07I .0107 ACCESS TO THE JOURNAL A notary public shall not permit access to the journal by any person except to the extent permitted pursuant to Chapter 10B of the General Statutes and the rules in this Chapter. History Note: Authority G.S. 10B-4; 10B-20(p); 10B-38; 10B-12…

SECTION .0200 – JOURNAL BASICS 18 NCAC 07I .0201 FORM OF TRADITIONAL NOTARY JOURNAL A traditional notary public keeping a journal may meet the journal requirements by maintaining either a tangible or an electronic journal pursuant to Chapter 10B of the General Statutes and the ru…

18 NCAC 07I .0202 FORM OF ELECTRONIC NOTARY JOURNAL Electronic notarizations and remote electronic notarizations shall be documented in an electronic journal that is maintained as an electronic document. History Note: Authority G.S. 10B-4; 10B-38; 10B-126; 10B-134.15; 10B-134.21;…

18 NCAC 07I .0203 COMBINED JOURNAL A notary public may maintain an electronic journal that includes entries for any of these acts that the notary is qualified to perform: (1) traditional notarial acts; (2) electronic notarial acts; and (3) remote electronic notarial acts. History…

18 NCAC 07I .0204 ENTRIES IN A TANGIBLE JOURNAL Entries in a tangible journal shall be: (1) entered in permanent ink; and (2) in chronological order. History Note: Authority G.S. 10B-4; 10B-38; Eff. July 1, 2024.

18 NCAC 07I .0205 REQUIREMENTS FOR A TANGIBLE JOURNAL A tangible journal shall: (1) be made in a bound journal into which pages cannot be inserted; and (2) have on the first page: (a) the name of the notary public as commissioned; (b) the commission date of the notary; and (c) th…

18 NCAC 07I .0206 PROVISION OF JOURNAL TO DEPARTMENT When a person responds to a request from the Department for all or part of a notary public's journal, the person shall submit the journal together with a transmittal document containing: (1) the name on the notary's commission;…

18 NCAC 07I .0207 ACTS INCLUDED IN JOURNAL (a) A traditional notary public who chooses to maintain a journal in accordance with the rules in this Chapter shall make a separate entry in the notary's journal for each notarial act performed or canceled. (b) An electronic notary publ…

18 NCAC 07I .0208 DESIGNATION OF NOTARIAL ACT Except as set out in Rule .0209 of this Section, a notary public who maintains a journal shall state in the journal whether each notarial act entered into the journal is: (1) traditional; (2) electronic; or (3) remote electronic. Hist…

18 NCAC 07I .0209 EXCEPTION TO RULE .0208 A notary public who enters only a single mode of notarial act in a journal may: (1) make a single notation of the mode of notarial acts at the beginning of the journal; and (2) omit the notations required by Rule .0208 of this Section. No…