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NC Administrative Rules 2025 (18 NCAC 07F)

Rule/Regulation

State: North Carolina

Effective: July 01, 2025

Summary

New administrative rules to 18 NCAC Subchapter 07F establish updated requirements for qualifying as an Electronic Notary and for Electronic Notary seals.

Affects
  1. Adds 18 NCAC 07F .0202, .0710, .0815, and .0816.
  2. Amends 18 NCAC 07F .0102, .0103, .0303, .0601, .0704, .0804, .0807, and .0814.
Changes

Definitions

  1. Applies the definitions below to GS 10B and 18 NCAC 07D, 07F, 07H, and 07J.
  2. Repeals the definition of “approved vendor for electronic notarizations,” “electronic notarization system,” “password authentication,” and “token authentication.”
  3. Amends the definition of “biometric authentication” to mean proving the identify of a user through technologies that require measurement and analysis of one or more human physiological or behavioral characteristics of the user in order to access and use an electronic notarization system and clarifies that biometric authentication technologies include fingerprint scanning devices, devices and retinal scanning devices.

Electronic Notary Qualifications

  1. Prohibits an Electronic Notary from performing a remote electronic notarial act until the Electronic Notary has complied with the requirements of NCAC 07F, 18 NCAC 07D Section .0400, and 18 NCAC 07H.
  2. Requires an Electronic Notary applicant to possess a current and personal copy of the North Carolina Notary manual applicable to Electronic Notaries.
  3. Provides that before performing a remote electronic notarization, Electronic Notaries registered prior to July 1, 2024, 2025, shall either: (a) successfully complete a remote electronic notarization course module taught by a certified Notary instructor or designee of the Department; or (b) successfully complete an Electronic Notary course pursuant to Rule 07F .0302.
  4. Requires an Electronic Notary to use the form described in 18 NCAC 07B .0405 to notify the Department of all proposed technology providers used for their electronic signature and seal, journal creation and storage, journal custodian, remote notarization platform, and identity proofing and credential analysis technologies not otherwise associated with platforms disclosed in Rule 07D .0601(4).

Electronic Notary Signature and Seal

  1. Requires an Electronic Notary to apply the Electronic Notary’s electronic signature to the document being notarized and upon commitment the signature shall be permanently affixed to the document.
  2. Requires an Electronic Notary to ensure that the Electronic Notary’s electronic signature or electronic seal does not obscure any text or signatures on the record.
  3. Requires an Electronic Notary, after completing a notarial certificate for an in-person or remote electronic act, to follow this sequence before ending the session: (1) apply their electronic seal, (2) apply their electronic signature, (3) review the certificate and seal/signature for accuracy, and (4) digitally sign the certificate or authorize the platform to do soRequires an Electronic Notary, after completing a notarial certificate for an in-person or remote electronic act, to follow this sequence before ending the session: (1) apply their electronic seal, (2) apply their electronic signature, (3) review the certificate and seal/signature for accuracy, and (4) digitally sign the certificate or authorize the platform to do so.
  4. Clarifies that for purposes of Rule 07F .804(a)(4), “digitally sign” means applying a digital signature to the electronically notarized record using security features established by the IPEN provider or platform.
  5. Specifies that when an Electronic Notary’s seal is printed on 8.5" x 11" paper, it must have a visible border resembling an ink seal, meet size and shape requirements under G.S. 10B-37(c), and include a Department-assigned identifier issued to the producer of the seal in at least 8-point type.
  6. Specifies that inside the border of the Electronic Notary seal (in at least 8-point type), the seal must display the Notary’s required information under G.S. 10B-117, the words: “State of North Carolina”, “North Carolina”, or the abbreviation “N.C.”, the county of commission with "County" or "Co.," and the Electronic Notary’s commission expiration date.
  7. Requires that after an Electronic Notary has complied with the requirements of Subchapter 07F Sections .0700 and .0800 relating to review of signatures and seals after affixing them, the Electronic Notary must apply the Notary’s digital certificate to the electronic record to which the Notary has applied his or her Electronic Notary seal and signature.
  8. Requires an Electronic Notary to apply, or allow the platform or IPEN provider to apply, the Electronic Notary’s digital certificate to a document after the Electronic Notary’s electronic signature and seal have been affixed and reviewed.
  9. Prohibits an Electronic Notary from sharing their authentication credentials for accessing an Electronic Notary solution with anyone.
  10. Requires an Electronic Notary to maintain the backup copy of the electronic journal for at least 10 years after the last notarial act.
  11. Makes technical changes.

Analysis

This new law update is the fourth in a series of law updates on the Phase III rules adopted by the North Carolina Secretary of State. The new and amended rules primarily relate to the qualifications of an Electronic Notary and use of the Electronic Notary’s electronic signature and seal.

Read the Subchapter 07F administrative rules (see pages 157-159).

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