Remote Online Notaries Professional Liability Insurance in North Carolina

Remote Online Notaries in North Carolina at a glance

Governing Statute

N.C.G.S. 10B, Article 2

The Electronic Notary Act governs all aspects of remote electronic notarization.

Identity Verification

KBA & Credential Analysis

North Carolina requires both factors for signers not known to the notary.

Recording Retention

10-Year Requirement

Audio-visual recordings must be stored securely for a minimum of ten years.

Location Verification

Geolocation Required

Notaries must verify and record the principal's physical location during the act.

North Carolina's Electronic Notary Act

The legal foundation for remote notarization in North Carolina is found in Article 2 of Chapter 10B of the General Statutes, often referred to as the Electronic Notary Act. This legislation defines 'remote electronic notarial acts' as those performed using communication technology, allowing an electronic notary and a remotely located principal to communicate simultaneously by sight and sound. The North Carolina Secretary of State is the primary regulatory body, responsible for approving the platforms that notaries use and overseeing the commissioning process for electronic notaries.

Under this act, North Carolina notaries must undergo additional training and registration to perform remote acts. The law also includes specific prohibitions, such as barring the remote notarization of certain sensitive documents like self-proved wills and absentee ballots, unless specifically authorized. This nuanced approach ensures that RON is used where it is most efficient while maintaining traditional safeguards for the most critical legal instruments.

Advanced Identity Proofing and Geolocation

North Carolina requires a multi-layered identity verification process for remote signers who are not personally known to the notary. This process includes Credential Analysis, which involves a third-party vendor analyzing the characteristics and security features of the signer's identification document. Additionally, the signer must complete Identity Proofing through Knowledge-Based Authentication (KBA), answering questions derived from public and proprietary data sources to confirm their identity.

A unique requirement in North Carolina is the verification of the principal's physical location. The notary must use geolocation technology or obtain a verbal self-attestation from the signer to confirm their current location. This information must be recorded in the remote electronic notarial certificate, ensuring that the act complies with jurisdictional requirements and that the notary is aware of the signer's environment, which helps in assessing if the signer is acting under duress or undue influence.

Evidentiary Standards and 10-Year Recording Retention

North Carolina sets high standards for the preservation of RON records. Every remote notarial act must be captured in a secure electronic journal that includes details such as the time of the act, the names of the participants, and the type of identification used. This journal must be protected from tampering and stored in a way that allows for easy retrieval by authorized parties while maintaining the privacy of the signer's information.

The state also mandates that the audio-visual recording of the session, known as the communication technology recording, be retained for at least 10 years. This long-term storage is essential for the integrity of real estate and commercial transactions, providing a durable audit trail that can be used to resolve disputes years after the signing occurred. North Carolina's 10-year rule is among the longest in the country, highlighting the state's focus on the long-term validity of electronic records.

Remote Online Notaries FAQs for North Carolina