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NC Administrative Rules 2025 (18 NCAC 07H)

Rule/Regulation

State: North Carolina

Effective: July 01, 2025

Summary

New Subchapter 07H rules add requirements related to geolocation, identity verification, storage of records, communication technology, and recordings of remote electronic Notarial Acts for North Carolina Electronic Notaries.

Affects

Adds 18 NCAC 07H .0101, .0102, .0103, .0104, .0201, .0202, .0203, .0204, .0205, .0206, .0207,  .0208, .0301, .0302, .0303, .0304, .0401, .0102, .0403, .0404, .0405, .0406, .0501, .0502, .0503, .0504, .0505, .0506, .0507, .0508, .0509, .0510, .0511, .0512, .0601, .0601, .0601, .0602, .0603,  .0604, .0605, .0606, .0607, .0608, .0609, .0610, .0611, .0612, and .0701.

Changes

General Provisions

  1. Clarifies that the rules in Subchapter 07H implement Part 4A of Article 2 of Chapter 10B of the North Carolina General Statutes and align with the federal E-SIGN Act.
  2. Provides that before performing remote notarial acts (excluding one subject to 18 NCAC 07D .0500), Electronic Notaries must follow the rules in Subchapter 07H and Subchapter 07F.
  3. Defines “active duty,” “Armed Forces,” “‘credential’ or ‘credentials,’” “dependent,” and “military orders” for use in Subchapter 07H.
  4. Prohibits Notaries from performing a remote electronic notarial act if the act is already prohibited by GS 10B-20, 10B-22, 10B-23, 10B-134.3, or 163-231, or involves an inventory of a safe deposit box under GS 53C-6-13(a).

Establishing Location of Remotely Located Principals

  1. Requires an Electronic Notary to verify and before starting the act as required by GS 10B-134.9(a)(6) and disclose how they verified the principal’s location as required by 18 NCAC 07H .0607.
  2. Requires an Electronic Notary to verify the location of a principal by geolocation using a GPS-enabled device or self-attestation, if not.
  3. Provides that if the platform indicates the principal refuses to enable GPS on a GPS-enabled device or has GPS disabled or is not in a permitted location pursuant to GS 10B-134.1(10), the Notary must cancel the session unless an exception in Rule 07H .0204 applies.
  4. Prohibits a Notary from terminating a remote electronic notarial act session if the principal makes a self-attestation pursuant to rules 07H .0206 or 07G .0207.
  5. Requires a principal’s self-attestation to include (a) the name of the principal identified to the Electronic Notary, (b) if the principal is located within the United States, the name of the state, territory or federally recognized tribal area in which the principal is located, county, parish, or other government subdivision, (c) if the principal is located outside the United States, the information, as specified, related to the embassy, consulate, or diplomatic mission where the principal is located, or (c) if the principal is located on a United States military vessel, the information required by Rule 07H .0206.
  6. Details the information, as specified, that is required in a principal's location self-attestation if the principal is located on a U.S. military vessel or military installation outside the United States.
  7. Provides if national security prevents disclosure of information, as specified, that is required in the principal’s location self-attestation under Rule 07H .0206, the principal may state this in lieu of providing location details.
  8. Provides that a remotely located individual’s written attestation to the Electronic Notary using communication technology must also include the principal’s name, signature, and date, which must match the date of notarization date.

Identity Verification

  1. Requires an Electronic Notary to identify the principal for a remote electronic notarial act using either personal knowledge and reviewing, to the Electronic Notary’s satisfaction, the results of credential analysis and identity proofing provided by the technology provider and the face of the principal appearing on screen to the image appearing on the principal’s credential uploaded for credential analysis.
  2. Prohibits the use of credible witnesses to verify identity in remote electronic notarizations.
  3. Authorizes an Electronic Notary to require a remotely located principal to provide more information or additional credential analysis to verify the principal’s identity or cancel the session if the principal refuses or the principal’s identity can’t be verified satisfactorily.

Continuous Communication Requirements

  1. Prohibits an Electronic Notary from performing a remote electronic notarial act if, in the judgment of the Electronic Notary, the principal’s image appears altered, filtered, or simulated, or does not accurately reflect a real-time two-way communication between the Electronic Notary and principal.
  2. Prohibits an Electronic Notary from performing a remote electronic notarial act if the audio, in the judgment of the Electronic Notary, is not clear enough for all parties.
  3. Prohibits an Electronic Notary from performing a remote electronic notarial act if, in the judgment of the Electronic Notary, the principal’s voice appears altered, filtered, or simulated, or does not accurately reflect a real-time two-way communication between the Electronic Notary and principal.
  4. Authorizes an Electronic Notary to perform a remote electronic notarial act if the Electronic Notary concludes that any voice appearing altered, filtered, or simulated or asynchronous is otherwise compliant with accommodation rules in 07B .0800.
  5. Requires an Electronic Notary to terminate the remote electronic notarial acts session if the principal disappears from view or exits the session.

Record Storage Requirements

  1. Requires Electronic Notaries to designate an approved custodian for their electronic records using the form described in Rule 07B .0405.
  2. Provides that only a custodian designated by an Electronic Notary who agrees to serve may be designated to provide custodial services.
  3. Requires Electronic Notaries to notify the Department of custodian appointments or changes, including designation of the Electronic Notary as a Custodial Notary, using the form described in Rule 07B .0405.
  4. Authorizes an Electronic Notary to be the custodian of their own IPEN journal records if they designate themselves as the Custodial Notary and agree to comply with the rules in Subchapter 07H and 18 NCAC 07J Section .2200 related to Custodial Notaries.
  5. Prohibits Custodial Notaries from holding the records of other Electronic Notaries or of remote electronic notarial acts.
  6. Requires an Electronic Notary to inform their platform or IPEN provider of their custodian both before using the platform or IPEN solution and when changing custodians that will result in the transfer of records.
  7. Requires an Electronic Notary to ensure that their records are accessible and readable while stored with an approved depository and custodian.
  8. Requires an Electronic Notary’s records to be retained by an approved custodian for 10 years from the date of the journal entry for a notarial act, or more than 10 years if there is a litigation hold or order requiring retention for more than 10 years or the Electronic Notary arranges for the custodian to keep the records for longer than 10 years.
  9. Provides that if an Electronic Notary is records are transferred before the retention period ends, they must go to an approved custodian and the Department must be notified.
  10. Provides that an Electronic Notary must take one of the following actions when session records reach the end of their retention period: (a) instruct the custodian to destroy the records; (b) destroy the records if they are the custodian; or (c) retain or arrange for continued retention of the records.
  11. Prohibits Notaries from directing a custodian to delete records or backup records before the retention period established by Rule 07H .0507 ends.
  12. Prohibits Custodial Notaries from deleting records before the retention period established by Rule 07H .0507 ends.
  13. Provides that once records are transferred to a custodian, an Electronic Notary may direct a depository to delete their backup copies.

Communication Technology Recordings

  1. Clarifies that the rules in Subchapter 07H Section .0600 apply to recordings of remote electronic notarizations, not remote oaths or affirmations under GS 10B-134.9.
  2. Provides if a remotely located principal refuses to be recorded, the Electronic Notary must cancel the remote electronic notarization.
  3. Provides if a remotely located principal wants an attorney present, the Electronic Notary can only proceed if the attorney is present (in-person or remotely) or if the principal withdraws the request.
  4. Requires an Electronic Notary to start the recording before beginning the remote electronic notarial act.
  5. Provides that once an Electronic Notary starts a recording of a remote electronic notarial act, the Electronic Notary must not stop the recording until all remote electronic notarial acts comprising the notarial transaction have been completed or the notarial transaction is canceled.
  6. Requires an Electronic Notary to state the information required by Rule 07H .0607 and direct the remotely located principal to provide the information required by Rule 07H .068 at the beginning of the recording.
  7. Requires an Electronic Notary to state eight items of information, as specified, at the beginning of the recording.
  8. Requires a remotely located principal to state six items of information, as specified, at the beginning of the recording.
  9. Requires an Electronic Notary to direct the remotely located principal to state the names of any individuals present with them in the same physical location, if known, and inform the Electronic Notary of any individuals who join the principal after the electronic notarial act commences.
  10. Requires the Electronic Notary to direct all participants who are not principals to state on the recording their names and roles, if any, with respect to the notarial act.
  11. Requires an Electronic Notary to require a remotely located individual for whom an acknowledgment is performed to acknowledge on the recording that the signature on the record being notarized is theirs and the date they signed the record.
  12. Clarifies that the recording of a remote electronic notarial act is the private property of the Electronic Notary.
  13. Prohibits an Electronic Notary from permitting any person to access recordings unless they are allowed pursuant to GS 10B-20(p) and the rules in 18 NCAC Chapter 07.

Analysis

This new law update is the sixth in a series of law updates on the Phase III rules adopted by the North Carolina Secretary of State. Subchapter 07H of North Carolina’s Phase III administrative rules provides requirements for geolocating remotely located principals for a remote electronic notarial act, identifying remotely located principals, securely storing records of in-person electronic and remote electronic notarial acts, the use of communication technology to facilitate the meeting between an Electronic Notary and remotely located principals, and recordings of remote electronic notarial acts.

Read the Subchapter 07G administrative rules (see pages 160-167).

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