North Carolina Administrative Code

18 NCAC 07I .0210 DESIGNATION OF TYPE OF NOTARIAL ACT A notary public shall designate in the journal whether the type of a notarial act is: (1) an acknowledgement; (2) the taking of a verification or proof; (3) an administration of an oath or affirmation; (4) a notarization of an…

18 NCAC 07I .0211 JOURNAL MAY COMBINE EMPLOYER-RELATED AND NON-EMPLOYER ACTS If a notary public performs both employer-related and non-employer related notarial acts, the notary may maintain: (1) a separate journal for each of the employer-related and non-employer related notaria…

18 NCAC 07I .0212 JOURNAL RETENTION PERIOD For at least 10 years after the last notarial act entered into a journal by a notary public, the journal or the backup copy of the journal shall be retained by: (1) the notary; or (2) a designated custodian. History Note: Authority G.S. …

SECTION .0300 – GENERAL JOURNAL CONTENTS 18 NCAC 07I .0301 CONTENTS OF JOURNAL FOR CANCELED ACT For each canceled act to be recorded in the journal, a notary public shall include: (1) the date and time of the canceled act; (2) the names of the principals; and (3) the reason the a…

18 NCAC 07I .0302 CONTENTS OF JOURNAL Notaries public who maintain a journal in compliance with the rules in this Chapter shall enter the following information in the journal for each notarial act: (1) the date and time at the notary's location that the notarial act occurs; (2) t…

18 NCAC 07I .0303 ADDITIONAL JOURNAL CONTENTS FOR REMOTE ELECTRONIC NOTARIZATIONS In addition to the requirements of Rule .0302 of this Section, for each remote electronic notarial act completed, an electronic notary public shall enter in the journal: (1) the locations of the pri…

18 NCAC 07I .0304 EMPLOYER REQUEST FOR INCLUSION OF ADDITIONAL INFORMATION IN JOURNAL A notary public may include additional information in the journal regarding an employer-related electronic notarial act if: (1) the employer so requests; (2) the request is made before the notar…

18 NCAC 07I .0305 PARTY REQUEST FOR INCLUSION OF ADDITIONAL INFORMATION IN JOURNAL FOR REMOTE ELECTRONIC NOTARIZATION An electronic notary public shall include additional information in the journal if: (1) the notarial act is a remote electronic notarial act; (2) the requestor is…

18 NCAC 07I .0306 NOTATION OF REQUESTS FOR INCLUSION OF ADDITIONAL INFORMATION IN JOURNAL If a notary public receives a request for inclusion of additional information in the journal, the notary shall note in the journal: (1) who requested inclusion of the information; and (2) if…

18 NCAC 07I .0307 NOTARY SHALL NOT PROVIDE UNRELATED NOTARIAL ACT INFORMATION TO EMPLOYER A notary public who performs both employer-related and unrelated notarial acts shall not provide the notary's employer with: (1) information regarding the notarial acts unrelated to the empl…

18 NCAC 07I .0308 JOURNAL SUPPLEMENTS A notary public may add supplemental information to a journal if: (1) the notary specifies the journal entry to which the supplemental information relates; (2) for an electronic notarial act or a remote electronic notarial act, the notary inc…

SECTION .0400 – ELECTRONIC JOURNAL REQUIREMENTS 18 NCAC 07I .0401 MAINTAIN BACKUP COPY A notary public shall maintain an exact backup copy of the notary's electronic journal. History Note: Authority G.S. 10B-4; 10B-38; 10B-126; 10B-134.15; 10B-134.21; Eff. July 1, 2024.

18 NCAC 07I .0402 FORMAT OF BACKUP COPY A notary public may maintain the backup copy of the electronic journal: (1) on paper; or (2) as an electronic document on a separate physical device. History Note: Authority G.S. 10B-4; 10B-38; 10B-126; 10B-134.15; 10B-134.21; Eff. July 1, …

18 NCAC 07I .0403 PRINTING OUT OF ELECTRONIC JOURNAL ENTRIES A notary public shall only use an electronic journal that permits printing the contents. History Note: Authority G.S. 10B-4; 10B-38; 10B-126; 10B-134.15; 10B-134.21; Eff. July 1, 2024.

18 NCAC 07I .0404 INCLUDING SIGNATURES IN JOURNAL A notary public who maintains an electronic journal shall ensure that: (1) the principals acknowledge that their electronic signatures have been included in the journal as signed on the documents in the transaction; (2) with regar…

18 NCAC 07I .0405 TECHNOLOGICAL ISSUES A notary public who maintains an electronic journal shall note in the journal complete or partial technological failures that lead the notary to terminate the transaction pursuant to 18 NCAC 07F .1107. History Note: Authority G.S. 10B-4; 10B…

18 NCAC 07I .0406 PRE-FILLED DATA TO BE CONFIRMED BY NOTARY PUBLIC A notary public may enter the information listed in Rules .0302 and .0303 of this Subchapter in an electronic journal by: (1) reviewing each individual item of information offered as an option or by pre-filling; a…

18 NCAC 07I .0407 STEPS BEFORE COMMITTING AN ELECTRONIC JOURNAL ENTRY Before committing an electronic journal entry, a notary public shall: (1) review the information entered for accuracy; and (2) correct any errors in the entry. History Note: Authority G.S. 10B-4; 10B-38; 10B-12…

SUBCHAPTER 07J – Technology provider requirements SECTION .0100 – GENERAL RULES 18 NCAC 07J .0101 Definitions For purposes of this Subchapter: (1) "Break in service" means: (a) the technology provider is subject to a disciplinary action by the Department that: (i) restricts its s…

18 NCAC 07J .0102 technology providers licensed or approved Only authorized technology providers may offer electronic notary solutions to any North Carolina notary public. 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 .0103 multiple services A technology provider that seeks or has authorization for a product or service that offers one or more types of electronic notary solution shall comply with the rules in this Subchapter applicable to each solution. Note: An IPEN solution that i…

18 NCAC 07J .0104 no transfer of license or approval A technology provider shall not assign, transfer, or sell its authorization to offer an electronic notary solution in North Carolina. History Note: Authority G.S. 10B-4; 10B-106; 10B-125(b); 10B-126; 10B-134.15; 10B-134.17; 10B…

18 NCAC 07J .0105 permissible provider designations An authorized technology provider may use the applicable following designations for its authorized electronic notary solutions only during the period that each approval or license is effective: (1) "approved North Carolina in-pe…

18 NCAC 07J .0106 authorization does not mean endorsement A technology provider shall not state or imply that the Department endorses the services of the technology provider. History Note: Authority G.S. 10B-4; 10B-106; 10B-125(b); 10B-126; 10B-134.15; 10B-134.17; 10B-134.19; 10B…

18 NCAC 07J .0107 timely response required A technology provider or applicant shall respond to any inquiry from the Department in the manner and within the time set by the Department. Extensions may be requested and granted pursuant to 18 NCAC 07B .0313 and .0314, respectively. H…

18 NCAC 07J .0108 subpoena or warrant Within three business days after receiving a subpoena, warrant, or court order that is related to a notary public's records, a technology provider shall notify the notary in writing of the subpoena, warrant, or court order, unless: (1) the su…

18 NCAC 07J .0109 service level agreement A technology provider's service level agreement shall include: (1) guaranteed uptime for the electronic notary solution; and (2) terms and conditions for crediting or reimbursing a notary public for unscheduled service outages. History No…

18 NCAC 07J .0110 advertising restriction A technology provider shall not display any of the following on screen during an electronic notarial transaction: (1) its own logos or those of another; (2) its own symbols or those of another; (3) advertising for itself or others; or (4)…

18 NCAC 07J .0111 compliance with technology provider protocols required Technology providers shall comply with applicable provisions of the Department's Scientific, Architectural, and Engineering Protocols for Technology Providers. The protocols may be accessed on the Department…

18 NCAC 07J .0112 implementation of policies and plans A technology provider shall implement all plans and policies required by the rules in this Subchapter. 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-134.…

18 NCAC 07J .0113 continuity of service In the event of a break in service, a technology provider shall, pursuant to Rule .0207 of this Subchapter, ensure that notaries public using its authorized services: (1) have continuous access to the notaries' records; and (2) have assista…

18 NCAC 07J .0114 when provider may use information Facilitating a notarial transaction and mitigating fraud are the only reasons that a technology provider or its supporting vendor may use, disclose, or permit disclosure of information that has not been anonymized and that is sp…

18 NCAC 07J .0115 when provider may retain backup copies of data A technology provider may retain backup copies of data associated with the notarial transaction process longer than the retention period otherwise specified in this Subchapter only if: (1) the backup copies of the d…

18 NCAC 07J .0116 data deletion requirement A technology provider shall securely delete data upon the finalization of the notarial session record if there is no retention requirement in the rules in this Subchapter. History Note: Authority G.S. 10B-4; 10B-106; 10B-125(b); 10B-126…

SECTION .0200 – NOTICES REQUIRED FROM TECHNOLOGY PROVIDERS 18 NCAC 07J .0201 notice of material change to electronic notary solution (a) After authorization by the Department and before implementation, a technology provider shall notify the Department of any material change to it…

18 NCAC 07J .0202 IMPLEMENTATION OF MATERIAL CHANGES PROHIBITED PENDING DEPARTMENTAL APPROVAL No material change to an electronic notary solution shall be implemented and offered to a notary public until the technology provider: (1) files written notice pursuant to the rules in t…

18 NCAC 07J .0203 notice to department of business information changes After authorization by the Department, a technology provider shall provide written notice to the Department: (1) within five business days of changes to: (a) the information required by 18 NCAC 07B .0402(2); (…

18 NCAC 07J .0204 contents of notice of changes A technology provider's written notice pursuant to Rule .0203 of this Section shall state: (1) what has changed; and (2) the correct information after the change. History Note: Authority G.S. 10B-4; 10B-106; 10B-125(b); 10B-126; 10B…

18 NCAC 07J .0205 notice to notaries of planned service outages (a) A technology provider shall provide at least five calendar days' notice to its subscribers and electronic notaries public that its systems will be unavailable due to planned maintenance. (b) The notice required u…

18 NCAC 07J .0206 service outage notification to the department As specified in the Department's authorization letter, a technology provider shall notify the Department immediately of any service outage or lack of accessibility to notaries public: (1) when the outage exceeds four…

18 NCAC 07J .0207 notice to notaries of break in service A technology provider subject to Rule .0114 of this Subchapter shall notify notaries public using its authorized services within three days of the occurrence of a break in service and include: (1) the reason for the break i…

18 NCAC 07J .0208 notice of reportable incident (a) Within 72 hours of discovery of a reportable incident, a technology provider shall notify the Department. (b) For purposes of the rules in this Section of this Subchapter, a reportable incident is one that involves: (1) a techno…

18 NCAC 07J .0209 content of notification to department Notification to the Department pursuant to Rule .0208 of this Section shall include the following information when available: (1) the names of the affected notaries public including their notary commission numbers; (2) a des…

18 NCAC 07J .0210 notification to other parties Technology providers shall notify affected persons of a reportable incident as required by applicable law, rule, or regulation. Note: The Identity Theft Protection Act, Chapter 75, Article 2A of the General Statutes is an example of…

18 NCAC 07J .0211 VERIFICATION OF CONTINUING COMPLIANCE A technology provider shall: (1) annually verify its compliance with the rules in this Subchapter for each approved electronic notary solution, by submitting the form in 18 NCAC 07B .0429; or (2) submit notice that it will n…

18 NCAC 07J .0212 timing of verification of continuing compliance A technology provider's verification of compliance pursuant to Rule .0211 of this Section shall be submitted to the Department: (1) no more than 60 days before the expiration of its approval; or (2) as part of its …

18 NCAC 07J .0213 Due diligence A technology provider's verification pursuant to Rule .0211 of this Section shall be made only after the exercise of due diligence to enable the signer to comply with Rule .0214 of this Section. History Note: Authority G.S. 10B-4; 10B-106; 10B-125(…

18 NCAC 07J .0214 signer of verification A technology provider's verification pursuant to Rule .0211 of this Section shall be signed by a person with the authority to bind the provider and who certifies under penalty of perjury that the information on the form is true and complet…

18 NCAC 07J .0215 notice to department that provider will not review At least 90 days before its existing authorization expires, a technology provider shall notify the Department in writing: (1) if it declines to apply for a subsequent authorization of its electronic notary solut…

18 NCAC 07J .0216 notice to subscribers and notaries of nonrenewaL No later than the date that a technology provider gives notice to the Department pursuant to Rule .0215 of this Section, the provider shall: (1) notify each subscriber and notary public account holder in writing t…