NC Notary Electronic and Remote Notarization 5 — Questions and Answers
Question 1: Which statement best describes the legal effect of a document notarized via RON by a North Carolina notary when that document is recorded in another state?
- It is invalid because only in-person notarizations are accepted interstate
- It is governed by the law of the state where it is recorded
- It carries the same legal effect as a traditional notarization under the Uniform Electronic Transactions Act (Correct answer)
- The receiving state must re-notarize the document before recording
Correct answer: It carries the same legal effect as a traditional notarization under the Uniform Electronic Transactions Act
Under UETA and related laws, a properly performed RON carries the same legal effect as a traditional in-person notarization for interstate purposes.
Question 2: A principal claims to be present in a foreign country during a RON session with a NC notary. The notary should:
- Proceed normally as NC RON law has no geographic restrictions on principal location
- Refuse the notarization because RON only applies within U.S. borders
- Confirm whether NC law permits RON for principals located outside the United States before proceeding (Correct answer)
- Transfer the session to a U.S. embassy for in-person notarization
Correct answer: Confirm whether NC law permits RON for principals located outside the United States before proceeding
A notary should verify NC RON law's specific provisions regarding principals located outside the U.S. before completing the act.
Question 3: Under NC law, an electronic notarial act is deemed to occur in:
- The county where the signer is located at the time of signing
- The county where the notary is physically located at the time of the act (Correct answer)
- Any county agreed upon by both parties before the session
- The county listed on the notary's electronic seal
Correct answer: The county where the notary is physically located at the time of the act
The electronic notarial act takes place in the county where the notary is physically located, which governs the act.
Question 4: A RON platform vendor in North Carolina must do which of the following to operate legally?
- Obtain a license from the NC Bar Association
- Register with and receive approval from the NC Secretary of State (Correct answer)
- Post a surety bond with the county register of deeds
- Receive annual certification from the NC Courts system
Correct answer: Register with and receive approval from the NC Secretary of State
RON platform vendors must be approved by the NC Secretary of State before their platform may be used for remote online notarizations.
Question 5: If a notary's electronic signature or seal is compromised or stolen, the notary must:
- Change their password and continue operations normally
- Notify the Secretary of State immediately and cease electronic notarizations (Correct answer)
- File a report with the county sheriff before taking further action
- Transfer their commission to a new county to reset their credentials
Correct answer: Notify the Secretary of State immediately and cease electronic notarizations
A compromised electronic seal or signature must be reported immediately to the Secretary of State, and the notary must stop performing electronic notarial acts until resolved.
Question 6: Which of the following is a key difference between an electronic notarization (EN) and a remote online notarization (RON) in North Carolina?
- EN requires audio-visual technology; RON does not
- RON allows the signer to be physically absent from the notary; EN requires physical presence (Correct answer)
- EN is only available to attorneys; RON is available to all notaries
- RON uses paper documents with electronic seals; EN uses fully digital documents
Correct answer: RON allows the signer to be physically absent from the notary; EN requires physical presence
RON permits the signer to appear remotely via audio-visual technology, while a standard electronic notarization still requires the principal to be physically present with the notary.
Question 7: A notary who performs a RON must ensure the identity proofing process includes credential analysis. This process involves:
- The notary personally examining the signer's ID through the camera
- Automated analysis of a government-issued ID to verify its authenticity (Correct answer)
- A background check conducted by a licensed investigator
- A credit report pull to verify the signer's personal information
Correct answer: Automated analysis of a government-issued ID to verify its authenticity
Credential analysis uses automated technology to verify the authenticity and validity of a government-issued identity document presented by the signer.
NC Notary Electronic and Remote Notarization 5
Which statement best describes the legal effect of a document notarized via RON by a North Carolina notary when that document is recorded in another state?