What name is given to the official act by an electronic notary that involves electronic documents and the personal appearance of the principal?
Based on: N.C.G.S. § 10B-101: Definitions
North Carolina lets a notary perform electronic and remote electronic notarial acts only after registering the capability with the Secretary of State under N.C.G.S. § 10B-106 and completing a four-hour course under N.C.G.S. § 10B-107, in addition to the Article 1 requirements. Electronic notarization still needs the signer in the notary's presence (N.C.G.S. § 10B-116); a remote act lets a remotely located principal appear by communication technology, but the notary must be physically located in this State (N.C.G.S. § 10B-134.7). A backup of the remote journal is kept for 10 years.
What name is given to the official act by an electronic notary that involves electronic documents and the personal appearance of the principal?
Based on: N.C.G.S. § 10B-101: Definitions
Which of the following best describes an 'electronic notary public' under North Carolina's Electronic Notary Public Act?
Based on: N.C.G.S. § 10B-101: Definitions
What information must be contained within an electronic notary seal under North Carolina law?
Based on: N.C.G.S. § 10B-101: Definitions
Which body has authority to approve the forms of electronic signature that a North Carolina electronic notary may use to affix an official signature to an electronic record being notarized?
Based on: N.C.G.S. § 10B-101: Definitions
When Article 1 and Article 2 of North Carolina Chapter 10B directly conflict, which article controls?
Based on: N.C.G.S. § 10B-102: Scope of this Article
What action may the Secretary of State take if an applicant's electronic registration form contains a significant misstatement or omission of fact?
Based on: N.C.G.S. § 10B-105: Qualifications
What must a notary hold before becoming eligible for electronic notary registration in North Carolina?
Based on: N.C.G.S. § 10B-105: Qualifications
Before performing notarial acts under Article 2, what step must a notary complete with respect to the Secretary of State?
Based on: N.C.G.S. § 10B-106: Registration with the Secretary of State
Does registration as an electronic notary automatically include the ability to perform remote electronic notarial acts?
Based on: N.C.G.S. § 10B-106: Registration with the Secretary of State
When registering to perform electronic notarial acts, what technology-related information must an electronic notary notify the Secretary about?
Based on: N.C.G.S. § 10B-106: Registration with the Secretary of State
The exam keeps these two things separate, and the first trap is presence. Standard electronic notarization is performing one of the four electronic acts on an electronic record, and N.C.G.S. § 10B-116 is explicit that it shall not be performed if the signer is not in the presence of the electronic notary at the time of notarization. Remote electronic notarization adds communication technology so a remotely located principal can appear by real-time audio-video link under N.C.G.S. § 10B-134.5. Both are gated by registration: under N.C.G.S. § 10B-106 a notary must register the capability to notarize electronically or remotely with the Secretary before performing any notarial act under Article 2. That registration is not free or automatic. N.C.G.S. § 10B-107 requires a four-hour electronic notarization course and its examination, in addition to the educational requirements already provided in Article 1, and N.C.G.S. § 10B-108 sets a registration fee of fifty dollars ($50.00), in addition to the $50 commission fee in N.C.G.S. § 10B-13. The Secretary may deny a registration where the form contains a significant misstatement or omission of fact under N.C.G.S. § 10B-105. The electronic toolkit is locked to its purpose: N.C.G.S. § 10B-125 says the notary's electronic signature, in combination with the electronic notary seal, shall be used only for performing electronic notarial acts. N.C.G.S. § 10B-115 lists exactly four electronic acts, acknowledgments, jurats, verifications or proofs, and oaths or affirmations, and N.C.G.S. § 10B-117 requires the electronic notarial component to carry the words Electronic Notary Public, or Electronic Notary Public Utilizing Communication Technology.
A common remote-notarization trap is who may be elsewhere. Under N.C.G.S. § 10B-134.7 an electronic notary may perform a remote electronic notarial act only while the electronic notary is physically located in this State: it is the principal who may be remote, never the notary. Identity for a remote act is rigorous. N.C.G.S. § 10B-134.11 requires the electronic notary personally to perform a comparison of the current document presented during credential analysis against the image of the remotely located principal seen via the communication technology, on top of the credential analysis and identity proofing a third-party vendor performs. That vendor is defined in N.C.G.S. § 10B-134.1 as any person providing credential analysis, identity proofing, or custodial services to electronic notaries, and the communication technology must, under the same definitions, make reasonable accommodations for principals with vision, hearing, or speech impairments. Before acting, N.C.G.S. § 10B-134.9 requires the notary to judge that the principal does not appear to be incompetent, lacking understanding, or acting involuntarily, under duress, or undue influence. Records carry long-tail duties. The electronic journal is the exclusive property of the electronic notary under N.C.G.S. § 10B-134.15, and where it is surrendered to an employer because it consists of remote notarizations made in the employer's business, the notary must still keep an accurate backup copy of the journal for 10 years after the last remote electronic notarization entered into it. The communication technology must employ data protection safeguards consistent with generally accepted information security standards under N.C.G.S. § 10B-134.17. One narrow real-estate carve-out also appears: N.C.G.S. § 10B-134.25 says nothing in the Part alters the requirement that a licensed North Carolina attorney supervise a residential real estate closing. When a commission ends, N.C.G.S. § 10B-128 requires the notary or representative to erase, delete, or destroy the software, files or programs enabling the official electronic signature and to notify the Secretary within 45 days.
| Feature | Paper | Electronic | Remote (RON) |
|---|---|---|---|
| Record type | Tangible | Electronic | Electronic |
| Signer present in person | Yes | Yes (N.C.G.S. § 10B-116) | No, appears by AV link |
| Register with the Secretary first | No | Yes (N.C.G.S. § 10B-106) | Yes (N.C.G.S. § 10B-106) |
| Extra four-hour course | No | Yes (N.C.G.S. § 10B-107) | Yes (N.C.G.S. § 10B-107) |
| Where the notary must be | In North Carolina | In North Carolina | In North Carolina (N.C.G.S. § 10B-134.7) |
| Journal backup retention | Per Secretary rules | Per Secretary rules | 10 years (N.C.G.S. § 10B-134.15) |
Yes. North Carolina permits remote electronic notarization once a notary registers the capability with the Secretary of State under N.C.G.S. § 10B-106 and completes the four-hour course under N.C.G.S. § 10B-107. A remotely located principal appears by real-time communication technology, but the notary must be physically located in this State under N.C.G.S. § 10B-134.7.
Physically in North Carolina. N.C.G.S. § 10B-134.7 states an electronic notary may perform a remote electronic notarial act only while physically located in this State. It is the principal who may be remote, not the notary, so a North Carolina electronic notary cannot perform these acts from another state.
A backup copy for 10 years. Under N.C.G.S. § 10B-134.15 the electronic journal is the exclusive property of the electronic notary, and where it is surrendered to an employer for remote notarizations made in the employer's business, the notary must keep an accurate backup copy for 10 years after the last remote electronic notarization entered into it.
Register first and take an extra course. Under N.C.G.S. § 10B-106 a North Carolina notary must register the capability to notarize electronically or remotely with the Secretary before any Article 2 act, and N.C.G.S. § 10B-107 requires a four-hour course in addition to the Article 1 requirements. The registration fee is $50 under N.C.G.S. § 10B-108.
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