North Carolina Administrative Code

SECTION .1000 – DEPOSITORY SERVICES STANDARDS 18 NCAC 07J .1001 DEPOSITORY REQUIREMENTS Except as noted, the rules in this Section apply to the depositories of IPEN solution providers and platform providers. History Note: Authority G.S. 10B-4; 10B-106; 10B-125(b); 10B-126; 10B-13…

18 NCAC 07J .1002 SESSION RECORD CREATION (a) A session record shall be created at the end of a notarial session and include: (1) all journal entries made in the session; (2) any communication technology recording made of the session; and (3) metadata as required by Rule .1017 of…

18 NCAC 07J .1003 SESSION RECORD DIGITAL SIGNATURE A depository shall digitally sign each session record. 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-134.23; Eff. July 1, 2025.

18 ncac 07j .1005 session identifier A depository shall establish a session identifier for each notarial session or supplemental journal entry by concatenating the following numbers, with no separation or punctuation: (1) the four-digit identifying number assigned to the authoriz…

18 ncac 07j .1006 searchable session record fields A depository shall make session records searchable and identifiable by the following fields: (1) the session identifier required pursuant to Rule .1005 of this Section; (2) the commission name of the notary public; (3) the county…

18 ncac 07j .1007 session record unchanged A depository shall ensure that there are no changes to a session record held in its depository from the time the record is created until transfer to a custodian. History Note: Authority G.S. 10B-4; 10B-106; 10B-125(b); 10B-126; 10B-134.1…

18 NCAC 07J .1008 STORAGE LOCATIONS A depository shall maintain copies of each session record and session record log in two or more geographically separated data facilities. 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 .1009 TIME LIMIT FOR TRANSFER FROM DEPOSITORY A depository shall transfer a session record to a custodian selected by a notary public on the earliest of: (1) a time agreed to by the notary; (2) no later than 10 days from receipt of a written transfer request from the …

18 ncac 07j .1010 exceedance of storage time limit A depository that is unable to comply with Rule .1009 of this Section shall: (1) notify the Department upon discovering the inability; and (2) comply with the rules for custodians in Section .2000 of this Subchapter. History Note…

18 ncac 07j .1011 deletion of session record A depository shall securely delete a session record from its depository within 45 days of receiving a confirmation receipt from the electronic notary public's designated transferee custodian. History Note: Authority G.S. 10B-4; 10B-106…

18 ncac 07j .1012 validation before deletion A depository shall not delete a session record until it receives the transferee custodian's receipt confirming that the record has been: (1) received; and (2) validated. History Note: Authority G.S. 10B-4; 10B-106; 10B-125(b); 10B-126;…

18 NCAC 07J .1013 notary access to session record from depository A depository shall allow a notary public to view, copy, print, and download any of the notary's session records in the possession of the depository at any time and at no cost. Note: This rule shall not apply to pla…

18 NCAC 07J .1014 depository continuity of services A depository shall not discontinue operation of its depository until all session records and session record logs are transferred to the custodians designated by the notaries public. History Note: Authority G.S. 10B-4; 10B-106; 1…

18 ncac 07j .1015 journal entry identifier A depository shall establish a journal entry identifier for each journal entry by concatenating the following numbers in order: (1) the session identifier; and (2) a four-digit number representing the sequential number of the journal ent…

18 NCAC 07J .1016 Session record log for which there is no electronic journal entry If a traditional notary public administers an oath or affirmation pursuant to G.S. 10B-134.9(d) and chooses not to make an electronic journal entry, the platform depository shall create a session …

18 ncac 07j .1017 required metadata After the notary public has committed the session record and before the depository digitally signs the PDF/A of the session record, the depository shall add the following metadata: (1) the session identifier; (2) the notary public's name as sho…

18 NCAC 07J .1018 SESSION RECORD LOG A depository shall establish a session record log for each session as required by Rule .1019 of this Section. 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-134.23; Eff. Ju…

18 NCAC 07J .1019 CONTENTS OF SESSION RECORD LOG A session record log shall include: (1) the session record identifier; (2) the time and date that the session: (a) started; and (b) ended; (3) whether a session record was created; (4) the name of the notary public exactly as it ap…

18 NCAC 07J .1020 ENTRY TO DEPARTMENT DATABASE A depository shall update the Department's database at the conclusion of each notarial session with the following information: (1) the session identifier; (2) the date and time that: (a) the session began; and (b) the session ended; …

18 NCAC 07J .1021 retention of session record log by depository Each session record log shall be retained by the depository for no less than 15 years from the date of the session record log creation. History Note: Authority G.S. 10B-4; 10B-106; 10B-125(b); 10B-126; 10B-134.15; 10…

18 NCAC 07J .1022 transfer of session reocrd log A depository shall transfer to a custodian a copy of a session record log together with any associated session record. A depository shall not be required to transfer a copy of a session record log to a custodial notary public. Hist…

18 NCAC 07J .1023 ENTRY IN DEPARTMENT'S DATABASE BY TRANSFEROR Upon validation pursuant to Rule .1012 of this Section, a transferor shall update the Department's database with the following information: (1) the session identifier; (2) the four-digit identifying number assigned to…

SECTION .1100 – BRIDGE PROVISIONS 18 NCAC 07J .1101 SAFE HARBOR An existing technology provider may continue to provide its IPEN solution under its previous approval until: (1) its first complete application submitted pursuant to Rule .1303 of this Subchapter has been approved or…

18 NCAC 07J .1102 DEADLINE FOR EXISTING TECH PROVIDER APPLICATIONS An existing technology provider shall: (1) submit an application for authorization of its IPEN solution: (a) no earlier than the effective date of the rules in this Subchapter; and (b) no later than April 1, 2026;…

18 NCAC 07J .1103 compliance with Rules during bridge period An existing technology provider shall comply with the following rules between the effective date of the rules in this Subchapter and the applicable date in Rule .1102 of this Section: (1) Rules .0101-.0102, .0104-.0108,…

18 NCAC 07J .1104 APPLICATION REQUIRED UPON CHANGES If an existing technology provider operating pursuant to Rule .1101 of this Section undergoes a change reportable pursuant to Rule .0201 of this Subchapter, it shall file an application pursuant to Section .1300 of this Subchapt…

SECTION .1200 – IPEN SOLUTION STANDARDS 18 NCAC 07J .1201 IPEN SOLUTION ACCOUNT CREATION An IPEN solution provider shall create an account for an electronic notary public only after it: (1) confirms the electronic notary's identity by using approved credential analysis and identi…

18 NCAC 07J .1202 CHANGES TO ELECTRONIC REGISTRATION CERTIFICATE PRESENTED TO IPEN SOLUTION PROVIDER Upon receiving an electronic notary registration certificate that differs from that previously presented by an electronic notary public, the IPEN solution provider shall comply ag…

18 NCAC 07J .1203 VERIFICATION OF NOTARY STATUS When an electronic notary public initiates a notarial session, an IPEN solution provider shall use the Department's notary public database to verify whether the electronic notary is in active status as an electronic notary. History …

18 NCAC 07J .1204 INABILITY TO VERIFY ACTIVE STATUS If an IPEN solution provider cannot verify the active status of an electronic notary public, the provider shall: (1) not allow the electronic notary to proceed with the notarial session; and (2) enable the electronic notary's ac…

18 NCAC 07J .1205 WHEN PROVIDER MAY RE-ENABLE FULL ACCESS An IPEN solution provider may re-enable an electronic notary public's full access to the solution if it can verify active status pursuant to Rule .1203 of this Section. History Note: Authority G.S. 10B-4; 10B-106; 10B-125(…

18 NCAC 07J .1206 IPEN VERIFICATION OF CUSTODIAN If an IPEN solution provider does not offer custodial services, it shall not allow an electronic notary public to begin a notarial session until: (1) the electronic notary discloses the name of the custodian with whom the notary ha…

18 NCAC 07J .1207 FORMAT OF SESSION RECORD An IPEN solution shall render a session record tamper evident by: (1) preserving it in PDF/A format; and (2) signing the PDF/A with a verifiable digital certificate to indicate the IPEN solution from which the notarized electronic record…

18 NCAC 07J .1208 IPEN SOLUTION DISCLOSURE Following the information required by Rule .0608 of this Subchapter, an IPEN solution provider shall: (1) publish the information required by Rule .1209 of this Section; and (2) display the information as required by Rule .1210 of this S…

18 NCAC 07J .1209 CONTENT OF ADDITIONAL IPEN SOLUTION DISCLOSURES An IPEN solution provider's additional disclosures pursuant to Rule .1208 of this Section shall include information regarding: (1) records retention: (a) whether the IPEN solution retains a copy of the notarized do…

18 ncac 07j .1210 ipen solution disclosure format An IPEN solution provider shall present the additional disclosures required by Rule .1208 of this Section in tabular form in the order shown in the table in this Rule: (1) add horizontal rows in the service disruption response tim…

SECTION .1300 – APPLICATION FOR IN-PERSON ELECTRONIC NOTARIZATION SERVICES AUTHORIZATION 18 NCAC 07J .1301 REQUIREMENTS FOR AUTHORIZATION TO PROVIDE IPEN SERVICES An IPEN provider applicant shall meet requirements established in: (1) Article 2 of Chapter 10B of the General Statut…

18 NCAC 07J .1302 DURATION OF IPEN SOLUTION APPROVAL The Department's approval of an IPEN solution authorizes the IPEN solution provider to offer its solution to North Carolina notaries public for three years from the date of the approval. History Note: Authority G.S. 10B-4; 10B-…

18 NCAC 07J .1303 APPLICATION FORM FOR IPEN SERVICES An IPEN provider applicant shall complete and submit the form described in 18 NCAC 07B .0423. 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-134.23; Eff. Ju…

18 NCAC 07J .1304 IDENTIFICATION OF KEY INDIVIDUALS An IPEN provider applicant shall list key individuals in its application by reference to: (1) the applicant's organizational structure; and (2) the duties of its officers, directors, and employees. History Note: Authority G.S. 1…

18 NCAC 07J .1305 APPLICATION REQUIREMENTS FOR IPEN PROVIDER KEY INDIVIDUALS An IPEN provider applicant shall provide to the Department the following information for each key individual identified pursuant to Rule .1304 of this Subchapter: (1) the information required by 18 NCAC …

18 NCAC 07J .1306 FREQUENCY OF CRIMINAL HISTORY RECORD CHECKS FOR KEY INDIVIDUALS Criminal history record checks for key individuals that are submitted by an IPEN provider applicant shall: (1) be valid for three years; or (2) be updated as required pursuant to 18 NCAC 07B .0505 a…

18 NCAC 07J .1307 WHEN MORE FREQUENT CRIMINAL HISTORY RECORD CHECKS REQUIRED An IPEN provider's notice of changes pursuant to Item (2) of Rule .0203 of this Subchapter shall be made: (1) within the time set forth in Rule .0203 of this Subchapter; and (2) using the form specified …

SECTION .1400 – PLATFORM STANDARDS 18 NCAC 07J .1401 REQUIRED GENERAL PLATFORM FUNCTIONS A platform provider shall integrate into its platform each of the following functions: (1) use of communication technology as defined in G.S. 10B-134.1(1) that complies with Section .0900 of …

18 NCAC 07J .1402 PLATFORM FUNCTIONS FOR TRADITIONAL NOTARY (a) A platform provider shall allow a traditional notary public with whom it has a contract to: (1) use its platform to administer an oath or affirmation pursuant to G.S. 10B-134.9(d); (2) search, review, download, and p…

18 NCAC 07J .1403 PLATFORM SESSION RECORD FOR TRADITIONAL NOTARY A platform provider shall create a session record for a notarial session in which a traditional notary makes an electronic journal entry pursuant to Rule .1402(b) of this Section. History Note: Authority G.S. 10B-4;…

18 NCAC 07J .1404 PLATFORM FUNCTIONS UNAVAILABLE TO TRADITIONAL NOTARY A platform shall not allow a traditional notary public to: (1) create an electronic signature or seal for use in performing electronic or remote electronic notarial acts; (2) apply an electronic notary seal; o…

18 NCAC 07J .1405 REASONABLE ACCOMMODATION A platform provider shall accommodate a principal with vision, hearing, or speech impairment using: (1) auxiliary aids; (2) interpreters or transliteraters; or (3) CART captioning. History Note: Authority G.S. 10B-4; 10B-125(b); 10B-126;…

18 NCAC 07J .1406 GEOLOCATION DETECTION A platform provider shall detect whether any device used by a principal to connect with the platform during the notarial transaction process is: (1) GPS-enabled; and (2) capable of geolocation at the time of the remote electronic notarial a…

18 NCAC 07J .1407 GEOLOCATION COMMUNICATION TO NOTARY A platform provider shall take the following steps after making the determination required by Rule .1406 of this Section: (1) communicate the location of the principal to the notary public by displaying it on a map; or (2) inf…