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NC Administrative Rule (2024 -- No. 4)

Rule/Regulation

State: North Carolina

Effective: August 01, 2024

Summary

In an additional administrative rule, the North Carolina Department of the Secretary of State has pushed back the effective date of certain “Phase 1” rules to March 1, 2025.

Affects

Amends 18 NCAC 07B .0404-.0406, 07F .0303, .0401, .0503, .0505-.0509, .0512, .0513, .0601, .0806, .0807, .0903, .0906, .1102, .1106, .1109-.1111, 07I .0303, .0305, and .0406.

Changes
  1. Extends the effective date of the above cited rules to March 1, 2025.
Analysis

In yet another administrative rulemaking this year, the North Carolina Secretary of State has amended the rules listed above by solely changing their effective date from July 1, 2024 to March 1, 2025. The Secretary of State is in the process of adopting rules in three phases to implement the Remote Electronic Notarization Act that authorizes North Carolina Notaries to perform remote notarial acts. To quote the Notice of Proposed Rulemaking, “The Phase 1 rules include general rules, electronic notary rules, and notary journal rules. A July 1, 2024 effective date is no longer appropriate for the group of Phase 1 rules listed in this notice. The Department proposes changing the July 1, 2024 effective date to an effective date of March 1, 2025 for the rules listed in this notice. NO substantive changes are being made to the Phase 1 rules approved by RRC [Rules Review Commission] in January 2024. The reason for the effective date change is that the Phase 1 rules listed in this notice are interconnected with Phase 2 and Phase 3 rules. The Phase 2 rules are scheduled for RRC consideration at its February 28, 2024 meeting. The Phase 3 rules are presently being drafted. The delay in the effective date of the rules listed in this notice does not to create new requirements or benefits. The change in effective dates avoids confusion that could result from effective dates of rules that cannot be timely implemented. The change in effective date will reduce confusion for the regulated public, enable timely implementation, and allow interrelated rules in Phases 1, 2, and 3 to be effective appropriately.”

Read the administrative rule (beginning on page 120).

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