Chapter 10B

This Article is the "Notary Public Act" and may be cited by that name. (1991, c. 683, s. 2; 2005-391, s. 4.)

(a) If the Secretary grants a commission to an applicant, the Secretary shall notify the appointee and shall instruct the appointee regarding the proper procedure for taking the oath at the register of deeds office in the county of the appointee's commissioning. (b) Except as pro…

This Article is the Electronic Notary Public Act and may be cited by that name. (2005-391, s. 4.)

The following definitions apply in this Article: (1) Electronic. - Relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (2) Electronic document. - Information that is created, generated, sent, communicated, rece…

(a) Article 1 of this Chapter applies to all acts authorized under this Article unless the provisions of Article 1 directly conflict with the provisions of this Article, in which case provisions of Article 2 shall control. (b) When conducting a remote electronic notarization, the…

(a) A person qualified for electronic notary registration shall meet all of the following requirements: (1) Hold a valid commission as a notary public in the State of North Carolina. (2) Except as otherwise provided, abide by all the provisions of Article 1 of this Chapter. (3) S…

(a) A notary shall register the capability to notarize electronically or remotely with the Secretary in accordance with rules adopted by the Secretary before performing notarial acts pursuant to this Article. (b) Registration as an electronic notary shall include authorization to…

(a) Before performing electronic or remote electronic notarial acts, a notary shall take a course of instruction of least four hours approved by the Secretary and pass an examination of this course, which shall be in addition to the educational requirements provided in Article 1 …

The fee payable to the Secretary for registering or reregistering as an electronic notary is fifty dollars ($50.00), which shall be in addition to the fee required in G.S. 10B-13. All funds received by the Secretary under this section shall be deposited into the General Fund. (20…

(a) A commissioned notary may apply for recommissioning no earlier than 10 weeks prior to the expiration date of the notary's commission. (b) A notary whose commission has not expired must comply with the following requirements to be recommissioned: (1) Submit a new application m…

The following types of notarial acts may be performed electronically: (1) Acknowledgments; (2) Jurats; (3) Verifications or proofs; and (4) Oaths or affirmations. (2005-391, s. 4.)

An electronic notarization shall not be performed if the signer of the electronic document: (1) Is not in the presence of the electronic notary at the time of notarization; and (2) Is not personally known to the notary or identified by the evidence in accordance with other provis…

In performing an electronic or remote electronic notarial act, all of the following components shall be attached to, or logically associated with, the electronic document by the electronic notary, all of which shall be immediately perceptible and reproducible in the electronic re…

The application for a notary public commission shall contain the following declaration to be executed by each applicant under oath: Declaration of Applicant I, ___________________ (name of applicant), solemnly swear or affirm under penalty of perjury that the information in this …

(a) The notary's electronic signature in combination with the electronic notary seal shall be used only for the purpose of performing electronic notarial acts. (b) The Secretary shall adopt rules necessary to establish standards, procedures, practices, forms, and records relating…

(a) A notary shall safeguard the notary's electronic signature, the notary's electronic seal, and all other notarial records. Notarial records shall be maintained by the notary, and the notary shall not surrender or destroy the records except as required by a court order or as al…

(a) An electronic notary shall take reasonable steps to ensure that any registered device used to create the notary's electronic signature is current and has not been revoked or terminated by its issuing or registering authority. (b) If an electronic notary contracts with an appr…

(a) Upon compliance with G.S. 10B-127 and except as provided in subsection (b) of this section, when an electronic notary's commission expires or is resigned or revoked, or when an electronic notary dies, the notary or the notary's duly authorized representative shall (i) erase, …

Every applicant for a notary commission shall pay to the Secretary a nonrefundable application fee of fifty dollars ($50.00). (2005-391, s. 4.)

The following definitions shall apply in this Article: (1) Communication technology. - An electronic device, process, or system that allows an electronic notary and a remotely located principal to communicate with each other simultaneously by sight and sound using audiovisual tec…

(a) Prior to the remote electronic notarial act, the electronic notary shall verify each remotely located principal's identity through one of the following methods: (1) The remotely located principal creating the electronic signature is personally known to the electronic notary. …

When conducting a remote electronic notarization, the electronic notary shall comply with the requirements of this Chapter. Each remote electronic notarization shall include a communication technology recording. There shall be no requirement that the communication technology reco…

(a) Notwithstanding G.S. 10B-38, an electronic notary who performs a remote electronic notarization shall enter information about the remote electronic notarization in an electronic journal. The electronic journal shall be the exclusive property of the electronic notary. The elec…

(a) An electronic notary shall comply with all of the following security requirements: (1) All records of journal entries and communication technology recordings shall be securely stored in a depository under the control of the electronic notary or with a custodian duly appointed…

(a) An electronic notary shall use only a communication technology through a platform licensed by the Secretary. (b) The Secretary shall review and issue platform licenses to qualified applicants. The applicant shall complete and submit an application on a form prescribed by the …

(a) The Secretary shall adopt rules necessary to establish standards, procedures, practices, forms, and records relating to remote electronic notarial acts to implement this Part, including at least all of the following: (1) Any additional educational requirements for electronic …

(a) All licensees and third-party vendors shall meet all standards established by the Secretary under this Part for the provision of services to electronic notaries in this State for remote electronic notarization services. If the Secretary has not adopted rules establishing stan…

(a) Nothing in this Part shall be construed to alter or supersede the law as set forth in Chapter 84 of the General Statutes, G.S. 10B-20(i) through (k), G.S. 75-1.1, or any opinion or ruling by a North Carolina court of competent jurisdiction or the North Carolina State Bar ruli…

(a) Upon registration with the Secretary under this Article, an electronic notary may perform any of the notarial acts listed in G.S. 10B-115 by means of communication technology in accordance with this Part. An electronic notary may perform any authorized remote notarial act wit…

(a) The communication technology used by an electronic notary to perform remote electronic notarial acts for remotely located principals shall comply with all of the following requirements: (1) Host the meeting between the electronic notary and the remotely located principal in r…

(a) An electronic notary may perform a remote electronic notarial act authorized under this Part only while the electronic notary is physically located in this State. (b) A remote electronic notarization performed by an electronic notary of this State under this Part is governed …

(a) All of the following shall occur prior to the performance of a remote electronic notarial act: (1) The electronic notary shall inform the participants that North Carolina law requires that a communication technology recording be made of the remote electronic notarization. (2)…

The provisions contained in Article 1, Part 6, of this Chapter, with regard to notarial certificate forms, are applicable for the purposes of this Article. (2005-391, s. 4.)

Electronic evidence of the authenticity of the official electronic signature and electronic seal of an electronic notary of this State, if required, shall be attached to, or logically associated with, a notarized electronic document transmitted to another state or nation and shal…

(a) An electronic certificate of authority evidencing the authenticity of the official electronic signature and electronic seal of an electronic notary of this State shall contain substantially the following words: Certificate of Authority for an Electronic Notarial Act I, ______…

(a) The course of study required by G.S. 10B-5(b) shall be taught by an instructor certified under rules adopted by the Secretary. An instructor must meet the following requirements to be certified to teach a course of study for notaries public: (1) Complete and pass an instructo…

The Secretary or the Secretary's designee shall have the authority to warn, restrict, suspend, or revoke an electronic notary registration for a violation of this Chapter and on any ground for which electronic notary registration may be denied under this Chapter. (2005-391, s. 4.…

(a) Any person who knowingly creates, manufactures, or distributes software for the purpose of allowing a person to act as an electronic notary without being commissioned and registered in accordance with this act shall be guilty of a Class G felony. (b) Any person who wrongfully…

This Chapter shall be construed and applied to advance its underlying purposes, which are the following: (1) To promote, serve, and protect the public interests. (2) To simplify, clarify, and modernize the law governing notaries. (3) To prevent fraud and forgery. (4) To foster et…

(a) A notary may perform any of the following notarial acts: (1) Acknowledgments. (2) Oaths and affirmations. (3) Repealed by Session Laws 2006-59, s. 6, effective October 1, 2006, and except as otherwise set forth in the act, applicable to notarial acts performed on or after Oct…

(a) This Article applies to the witnessing and signature of all records, as defined in G.S. 10B-3(19), signed, by a principal physically located in the State of North Carolina, on or after the effective date of this act. (b) This Article expires upon the earlier of (i) 12:01 A.M.…

(a) Notwithstanding any general or special law to the contrary, any person who witnesses the signature of a record through video conference technology shall be considered an "in-person" witness, and the record shall be considered to have been signed by the principal signer "in th…

(a) The clerks of the superior court may act as notaries public in their several counties by virtue of their offices as clerks and may certify their notarial acts only under the seals of their respective courts. Assistant and deputy clerks of superior court, by virtue of their of…

(a) A notary shall not execute a notarial certificate containing information known or believed by the notary to be false. (b) A notary shall not execute a certificate that is not written in the English language. A notary may execute a certificate written in the English language t…

(a) A notary shall not notarize a signature on a record without a notarial certificate indicating what type of notarial act was performed. However, a notary may administer an oath or affirmation without completing a jurat. (b) A notary shall neither certify, notarize, nor authent…

A notary shall not use the official notary title or seal in a manner intended to endorse, promote, denounce, or oppose any product, service, contest, candidate, or other offering. This section does not prohibit a notary public from performing a notarial act upon a record executed…

(a) Notwithstanding any other provision of law, a notary may perform an emergency video notarization using video conference technology provided all of the requirements of this section are satisfied. A notary who is not satisfied that the principal's identity has been proven by sa…

The following definitions apply in this Chapter: (1) Acknowledgment. - A notarial act in which a notary certifies that at a single time and place all of the following occurred: a. An individual appeared in person before the notary and presented a record. b. The individual was per…

(a) For performing a notarial act, a notary may charge up to the maximum fee specified in this Chapter. (b) A notary shall not discriminatorily condition the fee for a notarial act on any attribute of the principal that would constitute unlawful discrimination. (c) Nothing in thi…

The maximum fees that may be charged by a notary for notarial acts are as follows: (1) For acknowledgments, jurats, verifications or proofs, ten dollars ($10.00) per notarized principal signature. (2) For oaths or affirmations without a signature, ten dollars ($10.00) per person,…