NC Notary Electronic and Remote Notarization 3 — Questions and Answers
Question 1: A NC electronic notary must store their electronic signature and seal in a manner that is:
- Accessible to any client who requests verification
- Under the notary's exclusive control and protected from unauthorized use (Correct answer)
- Hosted on the NC SOS server for centralized management
- Shared with their employer for business efficiency
Correct answer: Under the notary's exclusive control and protected from unauthorized use
Under NCGS §10B-122, a NC electronic notary's electronic signature and seal must be kept under their exclusive control and protected by a password or other security measure to prevent unauthorized use.
NCGS §10B-122(b) requires that the electronic notary maintain exclusive control over their electronic signature and seal, using a password or biometric or other security measure to prevent unauthorized use. The seal and signature are the notary's official credentials — allowing others to access or use them would compromise the integrity of notarial acts and expose the notary to liability. The notary must immediately notify the NC SOS if their electronic credentials are compromised or stolen.
Question 2: Under NC law, may a NC-commissioned electronic notary perform remote online notarizations for signers located outside the United States?
- No — RON is only permitted for signers within the United States
- Yes — NC law has no geographic restriction on where signers may be located (Correct answer)
- Yes — but only for signers in countries with which the US has a notarial treaty
- No — international RON requires a federal notary commission
Correct answer: Yes — NC law has no geographic restriction on where signers may be located
NC law does not restrict where the principal may be located for a remote online notarization. A NC electronic notary physically located in NC may perform RON for signers located anywhere in the world, as the notarization is deemed performed in NC.
Under NCGS §10B-117 and §10B-134.7, the jurisdiction and validity of a NC remote online notarization depend on the notary being physically located in NC at the time of the act. There is no restriction on where the principal is located — they may be in another US state, a US territory, or a foreign country. However, the notary should be aware that the receiving country or institution may have its own requirements for accepting a US notarization, and the document may need additional authentication such as an apostille.
Question 3: Under NCGS Chapter 10B, the recording of a remote online notarization session in NC must be retained for at least:
- 1 year
- 3 years
- 5 years (Correct answer)
- 10 years
Correct answer: 5 years
Under NCGS §10B-130, the audio-visual recording of a remote online notarization session must be retained by the electronic notary for at least 5 years after the session date.
NCGS §10B-130(b) requires electronic notaries to retain the audio-visual recording of each remote online notarization session for five years from the date of the session. This recording serves as a comprehensive record of the notarization, including the identity verification process, the signer's appearance and demeanor, and the actual signing. The recording can be critical evidence if a notarization is later challenged. The notary must ensure secure, non-alterable storage of the recording.
Question 4: A NC traditional notary (without electronic notary registration) receives a document that was previously notarized electronically and is asked to certify its authenticity. The notary should:
- Certify the document since they can visually verify the electronic seal
- Decline — only the original electronic notary can certify electronic notarizations
- Treat the electronic notarization as invalid and require a new traditional notarization
- Refer the question to a licensed attorney or the NC SOS (Correct answer)
Correct answer: Refer the question to a licensed attorney or the NC SOS
A traditional NC notary without electronic notary training and registration should not attempt to authenticate or evaluate electronic notarizations. Questions about the validity of an electronic notarization are best referred to the NC SOS or legal counsel.
A traditional NC notary's training covers traditional ink-and-paper notarizations. Electronic notarizations use digital signatures, seals, and security features that require specialized knowledge to evaluate. A traditional notary should not certify or comment on the validity of an electronic notarization. If a party needs verification of an electronic notarization, they should contact the electronic notary who performed the act, the NC SOS notary verification database, or consult an attorney familiar with electronic transactions law.
Question 5: Under NCGS Chapter 10B, an electronic notary may use which of the following as an acceptable technology platform for remote online notarizations?
- Any commercially available video conferencing tool such as Zoom or FaceTime
- Only platforms specifically approved and listed by the NC Secretary of State (Correct answer)
- Any platform as long as the notary records the session
- Federal government-approved platforms only
Correct answer: Only platforms specifically approved and listed by the NC Secretary of State
NC law requires electronic notaries to use technology platforms that have been approved by the NC Secretary of State and meet the state's security and identity-proofing standards. General consumer video conferencing tools do not meet these requirements.
Under NCGS §10B-107 and SOS regulations, electronic notaries in NC must use a technology platform that has been reviewed and approved by the NC SOS. The platform must support: real-time two-way audio-video communication, knowledge-based authentication, credential analysis, tamper-evident electronic seals, and session recording. Consumer tools like Zoom, FaceTime, or Skype do not meet these requirements and cannot be used for official NC remote online notarizations.
Question 6: When a NC electronic notary terminates their electronic notary registration, they must:
- Transfer their electronic seal to the NC SOS for archival
- Destroy their electronic signature and seal to prevent unauthorized use
- Continue maintaining their electronic journal records for 5 years (Correct answer)
- Transfer all records to their county register of deeds
Correct answer: Continue maintaining their electronic journal records for 5 years
Upon termination of an electronic notary registration, the notary must continue to maintain and make available their electronic journal records for the required 5-year retention period. Simply destroying records upon leaving would violate their record-keeping obligations.
Under NCGS §10B-130, the 5-year retention requirement for electronic journal records and session recordings continues even after the notary's electronic registration terminates. The notary must ensure these records remain accessible. The NC SOS may require the records to be transferred to a custodian or successor if the notary cannot maintain them. The notary should also properly disable or destroy their electronic credentials (signature and seal) to prevent unauthorized use after they are no longer commissioned.
NC Notary Electronic and Remote Notarization 3
A NC electronic notary must store their electronic signature and seal in a manner that is: