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NC Administrative Rules 2025 (18 NCAC 07D)

Rule/Regulation

State: North Carolina

Effective: July 01, 2025

Summary

New rules adopted by the North Carolina Secretary of State regulate Electronic Notaries, remote oaths and affirmations, access to notarial records, and other matters.

Affects
  1. Adds 18 NCAC 07D .0105, .0106, .0309, .0310, .0401, .0402, .0403, .0404, .0405, .0406, .0501, .0502, .0503, .0504, .0505, .0506, .0507, .0601, .0602, .0603, .0604, .0605, and .0606.
  2. Repeals NCAC 07D .0103 and .0104.
Changes

Electronic Notary Requirements

  1. Requires an Electronic Notary to use the form described in 18 NCAC 07B .0420 to notify the Department of any Electronic Notary solution dysfunction that the Electronic Notary considers to be persistent and disruptive or to indicate possible problems with security, privacy, or accuracy of credential verification or identity proofing; and clarifies that “persistent and disruptive dysfunctions” include repeated abnormal system interruptions or stoppages, extremely slow system responses, and other unusual system interactions that delay or hinder the notarial act, as determined by the Electronic Notary.
  2. Requires a Notary within 10 days of discovery to report to the Department using the form specified in 18 NCAC 07B .0431: (a) for a physical Notary seal or journal, its unauthorized use, loss, theft, or vandalization; (b) for an Electronic Notary seal or signature, its unauthorized use, loss of use, compromise of security, unauthorized use, or having been rendered incapable of affixing a legible image; or (c) for an Electronic Notary journal, a communication technology recording, a session record, or other notarial records: (a) the permanent loss of data, use, or access; (b) compromise of security or unauthorized use; or (c) theft.
  3. Requires an Electronic Notary to: (a) obtain an Electronic Notary seal only from an authorized IPEN solution or platform provider; (b) present the Electronic Notary’s commission certificate and registration certificate to the provider.
  4. Requires an Electronic Notary to (a) undergo credential analysis and identity proofing upon account creation with the provider, (b) presentation of a commission certificate with a name, county, or expiration date change; or a recommissioning certificate; and (c) at any time requested by the provider.
  5. Requires an Electronic Notary to use only authorized technology providers when performing electronic notarial acts and remote electronic notarial acts.
  6. Prior to conducting any electronic notarial act, a Notary shall have provided the Notary’s technology providers with a copy of any new commission certificate reflecting changes to the Notary’s commission name, commission county, commission expiration date.

Remote Oaths and Affirmations

  1. Requires a Notary administering a remote oath or affirmation pursuant to GS 10B-134.9(d) to comply with the rules in 18 NCAC 07D, Section .0500 and 18 NCAC 07H, with the exception of Sections .0500 and .0600.
  2. Authorizes a Notary to administer a remote oath or affirmation pursuant to GS 10B-134.9(d) only if (a) the notarial act is requested by a judicial officer or an officer of the court; and (b) the requesting officer declares to the Notary prior to the administration of the remote oath or affirmation that the oath or affirmation is one that will be performed in the course of a judicial action or proceeding and will not involve the notarization of a document.
  3. Requires a Notary to use a licensed platform for administration of oaths or affirmations pursuant to GS 10B-134.9(d) and comply with the rules in Section .0500 of Subchapter 07D.
  4. Provides that before completing the platform account registration process in order to administer an oath or affirmation pursuant to GS 10B-134.9(d), a Notary must: (a) undergo credential analysis and identity proofing by the platform upon initial account creation; (b) present the Notary’s commission certificate and registration certificate, if applicable, to the platform; and (c) if the Notary will use the platform’s journal, inform the platform and provide the platform with the name of the Notary’s approved custodian.
  5. Prohibits a Notary from administering a remote oath or affirmation pursuant to GS 10B-134.9(d) unless the Notary has completed the Department’s educational module specific to GS 10B-134.9(d) and clarifies that the educational module may be taken separately or as part of the Electronic Notary course.
  6. Requires an entry to be made in a notarial journal for each administration of a remote oath or affirmation pursuant to GS 10B-134.9(a) by any Notary who keeps a journal.
  7. Requires an entry in a notarial journal pursuant to Rule 07D .0505 must include the name of the judicial official or officer of the court who made the declaration pursuant to Rule 07D .0502.
  8. Provides that before ending a session in which remote oaths or affirmations are administered pursuant to GS 10B-134.9(d), a Notary must: (a) count the number of notarial acts performed; and (b) enter the number of notarial acts in the field designated by the platform for that purpose.

Access to Notarial Records

  1. Provides that a Notary may disclose confidential information or provide a copy of a journal, a journal entry, or notarial records only pursuant to: (a) GS 10B-20(p)(1)-(5); (b) a waiver of information confidentiality that complies with Rule 07D .0602; (c) a request that complies with Rule 07D.0603; or (d) a request for an electronic journal by an employer of the Electronic Notary that is made pursuant to GS 10B-134.15(c) and Rules 07D.0603 and 07D .0604.
  2. Authorizes a Notary to release confidential information learned from the principals or records generated during a notarial transaction only if: (a) all principals who participated in the notarial transaction agree; (b) the request is provided to the Notary in writing with a statement signed and dated by each principal with certain information, as specified: and (c) the principal provides any other information that the Notary may request for purposes of determining the information to be provided or to whom it is to be provided.
  3. Authorizes an Electronic Notary to provide the Electronic Notary’s former employer with a copy of work-related entries in the Electronic Notary’s electronic journal upon leaving employment with the employer and request of the employer; and clarifies that “work-related” means electronic notarial acts and remote electronic notarial acts performed for the Electronic Notary’s employer in the course of the Electronic Notary’s employment.
  4. Prohibits an Electronic Notary from providing the Electronic Notary’s work-related electronic journal entries to the Electronic Notary’s employer unless the Notary retains a backup copy as required by GS 10B-134.15(c).
  5. Provides that upon releasing confidential information pursuant to Subchapter 07D Section .0600 and unless directed otherwise by court order or the Department, a Notary or Electronic Notary shall make a supplemental entry in: (a) the Electronic Notary’s electronic journal; or (b) the Traditional Notary’s journal, if any.
  6. A Notary or an Electronic Notary who makes a supplemental journal entry pursuant to Rule 07D .0605 must include the following in the entry: (a) the name of the requestor; (b) the dates of the request and the Notary’s response to the request; (c) the information requested; and (d) any other information that the Notary determines necessary to include.

Other Changes

  1. Prohibits a Notary from notarizing an assignment and warranty of title on the reverse of the certificate of title form approved by the Division of Motor Vehicles unless certain fields, as specified, have been completed by an individual other than the Notary.
  2. Prohibits a Notary from allowing a principal or remotely located principal to communicate with the Notary by means of an individual converting one language to a different language, orally or in writing; but clarifies that an interpreter, transliterator, or CART captioner may facilitate communication between the Notary and principal in compliance with 18 NCAC 07B Section .0800.
  3. Provides that a Notary electing to use identity proofing or credential analysis solutions when performing an in-person notarial act must: (a) not use identity proofing and credential analysis as a replacement for the Notary’s independent evaluation of whether satisfactory evidence of identification has been met; (b) use only approved identity proofing or credential analysis vendors and solutions; and (c) comply with GS 10B-134.11(a)(2).
  4. Requires any custodial services used by a Traditional Notary to have been approved by the Department.

Analysis

This new law update is the third in a series of law updates on the Phase III rules adopted by the North Carolina Secretary of State. The Secretary of State adopts requirements for Electronic Notaries to follow, rules for the remote administrative of oaths and affirmations by Notaries, access to notarial records, and other matters.

Read the Subchapter 07D administrative rules (see pages 153-157).

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