NC Notary Electronic and Remote Notarization 2 — Questions and Answers
Question 1: Under NCGS Chapter 10B, an electronic notary in NC must maintain an electronic journal for how long after the last entry?
- 1 year
- 3 years
- 5 years (Correct answer)
- 10 years
Correct answer: 5 years
Under NCGS §10B-130, an electronic notary must retain their electronic journal for at least 5 years after the last entry. This journal is a required record for all electronic and remote notarial acts.
NCGS §10B-130 requires electronic notaries to maintain a secure electronic journal of all electronic notarial acts and to retain the journal for five years after the last entry. The journal must record the date and type of each notarial act, the name and address of each principal, the type of ID used, and any fee charged. The NC SOS may inspect the journal. This record-keeping requirement is more stringent for electronic notaries than for traditional notaries.
Question 2: To become an electronic notary in North Carolina, a traditional notary must:
- Automatically qualify based on their existing commission
- Register separately with the NC SOS and complete approved electronic notary training (Correct answer)
- Pass a bar exam component on electronic transactions
- Simply purchase an electronic seal from an approved vendor
Correct answer: Register separately with the NC SOS and complete approved electronic notary training
Under NCGS §10B-106, a NC notary who wishes to perform electronic notarizations must separately register as an electronic notary with the NC SOS and complete approved electronic notary training. A traditional commission alone is insufficient.
NCGS §10B-106 establishes the electronic notary registration process. A traditional NC notary must: (1) complete a course approved by the NC SOS covering electronic notarization, (2) submit a separate electronic notary registration application, and (3) be approved by the NC SOS. The electronic notary registration is linked to the traditional commission — both must be valid to perform electronic notarial acts. The electronic notary must also use technology solutions that meet NC SOS standards.
Question 3: Under NC law, when performing a remote online notarization (RON), the notary must verify the remote signer's identity using:
- Only the signer's verbal assertion of their identity
- Knowledge-based authentication (KBA) and credential analysis, or other NC-approved methods (Correct answer)
- A personal referral from someone the notary knows
- Only a government photo ID mailed to the notary before the session
Correct answer: Knowledge-based authentication (KBA) and credential analysis, or other NC-approved methods
For remote online notarizations in NC, identity verification must use technology-based methods such as knowledge-based authentication (KBA) and credential analysis. These methods replace the in-person review of ID documents used in traditional notarizations.
Under NCGS §10B-117, identity proofing for remote notarizations must use one or more of the following: (1) knowledge-based authentication (a series of questions only the signer should be able to answer), (2) credential analysis (analysis of a government ID's security features), or (3) other methods approved by the NC SOS. These methods compensate for the notary's inability to physically examine the signer's ID. The notary platform used must support these verification methods.
Question 4: A NC electronic notary's electronic seal must:
- Be identical to their traditional ink seal
- Contain the same information as a traditional seal but in electronic form (Correct answer)
- Only display the notary's name without other commission details
- Be renewed annually regardless of commission expiration
Correct answer: Contain the same information as a traditional seal but in electronic form
An electronic notary's electronic seal must contain the same information required on a traditional seal — the notary's name, commission number, and commission expiration date — but in electronic format. It must also be tamper-evident.
Under NCGS §10B-122, the electronic notary seal must: (1) contain the notary's name, jurisdiction, and commission expiration date, (2) be the exclusive property of the notary and not transferable, (3) be tamper-evident, and (4) render the attached document tamper-evident. The electronic seal authenticates the notarial act in the same way a traditional ink seal does. NC SOS regulations specify the technical standards for electronic seals used in NC notarizations.
Question 5: Under NC law, a remote online notarization performed in NC is deemed to have occurred:
- At the location where the principal is physically located
- At the location where the notary is physically located (Correct answer)
- In the state where the document was created
- In the county where the transaction will be recorded
Correct answer: At the location where the notary is physically located
Under NCGS §10B-134.7, a remote notarial act is deemed to have been performed in NC if the notary was physically located in NC at the time of the notarization, regardless of where the principal was located.
NCGS §10B-134.7 establishes that for remote online notarizations, the act is deemed performed at the notary's physical location at the time of the notarization. This is critical for determining which state's law governs the notarization. A NC electronic notary located in NC performing a RON for a signer located in California performs a NC notarization governed by NC law. This rule clarifies jurisdiction and ensures NC-commissioned notaries follow NC law regardless of where signers are located.
Question 6: Which technology requirement applies to remote online notarization in North Carolina?
- The video session must use a specific government-approved platform only
- The communication technology must allow the notary and principal to simultaneously see, hear, and interact in real time (Correct answer)
- Only audio communication is required for remote notarizations
- The notary and principal must use the same computer network
Correct answer: The communication technology must allow the notary and principal to simultaneously see, hear, and interact in real time
Under NCGS §10B-117, remote online notarization in NC requires audio-video communication technology that allows the notary and principal to simultaneously see, hear, and interact with each other in real time. Audio-only is insufficient.
NCGS §10B-117(a) requires that remote notarizations use communication technology providing real-time, two-way audio and visual communication between the notary and each principal. This means both parties must be able to see and hear each other simultaneously. Pre-recorded video is not sufficient. The NC SOS approves technology platforms that meet security and functionality requirements. The session must also be recorded and retained by the notary as part of their electronic records.
NC Notary Electronic and Remote Notarization 2
Under NCGS Chapter 10B, an electronic notary in NC must maintain an electronic journal for how long after the last entry?