10B-134.1. (Effective July 1, 2023) Definitions.
In addition to the definitions provided in this Article, the following definitions shall apply in this Part:
(1) Communication technology. – An electronic device, process, or system that allows a remote electronic notary and a remotely located principal to communicate with each other simultaneously by sight and sound using audiovisual technology and that makes reasonable accommodations for remotely located principals with vision, hearing, or speech impairments.
(2) Communication technology recording. – The simultaneous, synchronous audio and visual recording of the notarial act.
(3) Credential analysis. – A process or service through which a third-party vendor performs a remote analysis of the characteristics and security features of each identification of the remotely located principal pursuant to G.S. 10B-3(22)a.
(4) Electronic journal. – A secure record of remote electronic notarial acts that contains the information required under G.S. 10B-134.15.
(5) Identity proofing. – A process or service through which a third-party vendor affirms the identity of a remotely located principal through review of personal information from public or proprietary data sources.
(6) Platform. – The online platform utilizing the communication technology to perform the remote electronic notarial act.
(7) Remote electronic notarial certificate. – The portion of a notarized electronic document that is completed by the remote electronic notary and contains all of the following:
a. The remote electronic notary’s electronic signature and the remote electronic notary’s electronic seal.
b. The facts attested to by the remote electronic notary in a particular notarization.
c. A statement in the acknowledgement, jurat, or verification certificate identifying where the remotely located principal was physically located at the time of the remote electronic notarization.
d. A statement that the notarization is a remote electronic notarization performed using communication technology by a remote electronic notary.
(8) Remote electronic notarization or remote electronic notarial act. – A notarial act performed by means of communication technology.
(9) Remote electronic notary public or remote electronic notary. – A notary public who is registered with the Secretary to perform remote electronic notarizations.
(10) Remotely located principal. – A principal who is not in the physical presence of the remote electronic notary and who is located at the time of the remote electronic notarial act in any of the following places:
a. Inside the United States.
b. Outside the United States and physically on the military installation or vessel named in the military orders assigning the member to active duty for more than 120 days, provided the remotely located principal is a member, spouse of a member, or dependent of a member of the Armed Forces of the United States.
c. Outside the United States at any of the following locations:
1. United States Embassy.
2. United States Consulate.
3. United States Diplomatic Mission.
(11) Tamper-evident. – Any change, interference, or alteration to a record that is patently plain and obvious.
(12) Third-party vendor. – Any person providing credential analysis, identity proofing, or custodial services to remote electronic notaries. (2022-54, s. 1.)