NC Administrative Rules 2025 (18 NCAC 07G)
Rule/Regulation
SummaryNew Subchapter 07G administrative rules adds requirements for Notary and Electronic Notary seal manufacturers and vendors who supply seals to North Carolina Notaries and Electronic Notaries.
AffectsAdds 18 NCAC 07G .0101, .0102, .0103, .0104, .0105, .0106, .0107, .0108, .0109, and .0110.
Changes
Seal Manufacturer and Vendor Requirements
- Provides that the rules in Subchapter 07G govern Notary Public seals made, offered for sale, sold, or delivered for use by North Carolina Notaries public by manufacturers and vendors of physical Notary seals, and platforms and IPENs providing Electronic Notary seals.
- Requires a manufacturer or vendor to obtain proof of commission from any individual claiming to be a North Carolina Notary by requiring: (a) the original Notary commission certificate from the Department for in-person purchases; and (b) an exact, legible copy of the original commission certificate for orders by mail or delivery service.
- Requires a manufacturer or vendor to retain a copy of the commission certificate of a Notary who purchases a seal in its records for 10 years.
- Requires a manufacturer or vendor to verify a North Carolina Notary’s identity before delivering a physical seal by: (a) obtaining the Notary’s commission number from their commission certificate; (b) using that number to search the Department’s online Notary confirmation tool; (c) ensuring the name, commission expiration date, and county match exactly between the certificate, the order form, and the online results; and (d) confirming the Notary is in active status.
- Requires a manufacturer or vendor to register with the Department by electronically submitting the form specified in 18 NCAC 07B .0430 prior to making or selling a physical seal to a North Carolina Notary.
- Requires, by July 1 each year, manufacturers or vendors to update their registration with the Department by electronically submitting the form in 18 NCAC 07B .0430 to report any changes since the previous year's registration.
Seal Manufacturer and Vendor Prohibitions
- Prohibits a manufacturer or vendor of physical Notary seals from offering, selling, or delivering a physical Notary seal to a North Carolina Notary unless the seal complies with GS 10B-36 and 10B-37.
- Prohibits a platform or IPEN provider from providing an Electronic Notary seal unless the seal complies with GS 10B-117(1)-(4), 18 NCAC 07F .0804-.0807 and .0810, and 18 NCAC 07J .2600.
- Prohibits a manufacturer or vendor from providing — whether by offering for sale, selling, mailing, or delivering —a physical notary seal to an individual claiming to be a North Carolina Notary appearing in person, unless the individual is personally known to the manufacturer or vendor and their information matches the Notary commission certificate presented, or: (a) the individual presents documents qualifying as satisfactory evidence of identity under G.S. 10B-3(22); (b) the manufacturer compares the individual's face and name to the information on the document; and (c) the manufacturer or vendor confirms the individual's identity.
AnalysisThis new law update is the fifth in a series of law updates on the Phase III rules adopted by the North Carolina Secretary of State. In this new law update, the Secretary of State provides requirements and prohibitions for manufacturers and vendors of Notary and Electronic Notary seals. Registration and yearly update of registration is required for vendors. Manufacturers and vendors must carefully confirm the North Carolina Notary’s active status before offering for sale, selling, mailing, or delivering a seal. Prohibited acts apply to both physical Notary and Electronic Notary seals.
Read the Subchapter 07G administrative rules (see pages 159-160).