§ 10B-100 – Short title.
10B-100. Short title. This Article is the Electronic Notary Public Act and may be cited by that name. (2005-391, s. 4.)
§ 10B-101 – (Effective until July 1, 2023) Definitions.
10B-101. Definitions. The following definitions apply in this Article: (1) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (2) "Electronic Document" means information that is created, generated, sent, communicated, received, or stored by electronic means. (3) "Electronic Notarial Act" and "Electronic Notarization" mean an official act by an […]
§ 10B-102 – (Effective until July 1, 2023) Scope of this Article.
10B-102. Scope of this Article. 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. (2005-391, s. 4.)
§ 10B-105 – (Effective until July 1, 2023) Qualifications.
10B-105. Qualifications. (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) Satisfy the requirements of G.S. 10B-107. […]
§ 10B-106 – (Effective until July 1, 2023) Registration with the Secretary of State.
10B-106. Registration with the Secretary of State. (a) Before performing notarial acts electronically, a notary shall register the capability to notarize electronically with the Secretary. (b) The term of registration as an electronic notary shall coincide with the term of the notary’s commission under Article 1 of this Chapter. (c) An electronic notary shall reregister […]
§ 10B-107 – Course of instruction.
10B-107. Course of instruction. (a) Before performing electronic notarial acts, a notary shall take a course of instruction of least three 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 of this Chapter. (b) The content of the course […]
§ 10B-108 – Fees for registration.
10B-108. Fees for registration. 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. (2005-391, s. 4.)
§ 10B-115 – Types of electronic notarial acts.
10B-115. Types of electronic notarial acts. 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.)
§ 10B-116 – Prohibitions.
10B-116. Prohibitions. 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 provisions of this Chapter; or (3) […]
§ 10B-117 – (Effective until July 1, 2023) Notarial components of electronic document.
10B-117. Notarial components of electronic document. In performing an 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 record to which the notary’s electronic signature is attached: (1) The […]
§ 10B-125 – Electronic signature, electronic seal.
10B-125. Electronic signature, electronic seal. (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 to a notary’s electronic signature and electronic seal. The notary’s […]
§ 10B-126 – Security measures.
10B-126. Security measures. (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 allowed under rules adopted by the Secretary. […]
§ 10B-127 – Maintenance of electronic device.
10B-127. Maintenance of electronic device. (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 the registration of the device used to create electronic signatures either expires […]
§ 10B-128 – Disposition of records.
10B-128. Disposition of records. (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 erase, delete, or destroy the coding, disk, certificate, card, […]
§ 10B-134 – .
10B-134: Reserved for future codification purposes.
§ 10B-134.1 – (Effective July 1, 2023) Definitions.
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 […]
§ 10B-134.10 – .
10B-134.10. Reserved for future codification purposes.
§ 10B-134.11 – (Effective July 1, 2023) Verification of identity; identity proofing; credential analysis.
10B-134.11. (Effective July 1, 2023) Verification of identity; identity proofing; credential analysis. (a) Prior to the remote electronic notarial act, the remote 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 remote electronic notary. (2) […]
§ 10B-134.12 – .
10B-134.12. Reserved for future codification purposes.
§ 10B-134.13 – (Effective July 1, 2023) Electronic notarization and remote electronic notarization.
10B-134.13. (Effective July 1, 2023) Electronic notarization and remote electronic notarization. When conducting a remote electronic notarization, the remote 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 recording further include any transactions other than […]