(a)        Before performing notarial acts electronically, a notary shall register the capability to notarize electronically with the Secretary.

(b)        The term of registration as an electronic notary shall coincide with the term of the notary’s commission under Article 1 of this Chapter.

(c)        An electronic notary shall reregister the capability to notarize electronically at the same time the notary applies for recommissioning under the requirements of Article 1 of this Chapter.

(d)       An electronic form shall be used by an electronic notary in registering with the Secretary and it shall include, at least all of the following:

(1)        The applicant’s full legal name and the name to be used for commissioning, excluding nicknames.

(2)        The state and county of commissioning of the registrant.

(3)        The expiration date of the registrant’s notary commission.

(4)        Proof of successful completion of the course of instruction on electronic notarization as required by this Article.

(5)        A description of the technology the registrant will use to create an electronic signature in performing official acts.

(6)        If the device used to create the registrant’s electronic signature was issued or registered through a licensed certification authority, the name of that authority, the source of the license, the starting and expiration dates of the device’s term of registration, and any revocations, annulments, or other premature terminations of any registered device of the registrant that was due to misuse or compromise of the device, with the date, cause, and nature of each termination explained in detail.

(7)        The e-mail address of the registrant.

The information provided in a registration that relates to subdivision (7) of this section shall be considered confidential information and shall not be subject to disclosure under Chapter 132 of the N.C. Gen. Stat., except as provided by rule.

(e)        The electronic registration form for an electronic notary shall be transmitted electronically to the Secretary and shall include any decrypting instructions, codes, keys, or software that allow the registration to be read.

(f)        Within 10 business days after the change of any registration information required of an electronic notary, the notary shall electronically transmit to the Secretary a notice of the change of information signed with the notary’s official electronic signature. ?(2005-391, s. 4; 2006-59, s. 25; 2006-259, ss. 1, 3.)

? 10B-106.? (Effective July 1, 2023) Registration with the Secretary of State.

(a)        Before performing notarial acts electronically or remotely, a notary shall register the capability to notarize electronically or remotely with the Secretary.

(b)        The term of registration as an electronic notary or remote electronic notary shall coincide with the term of the notary’s commission under Article 1 of this Chapter.

(c)        An electronic notary or remote electronic notary shall reregister the capability to notarize electronically or remotely at the same time the notary applies for recommissioning under the requirements of Article 1 of this Chapter.

(d)       An electronic form shall be used by an electronic notary or remote electronic notary in registering with the Secretary and it shall include, at least all of the following:

(1)        The applicant’s full legal name and the name to be used for commissioning, excluding nicknames.

(2)        The state and county of commissioning of the registrant.

(3)        The expiration date of the registrant’s notary commission.

(4)        Proof of successful completion of the course of instruction on electronic notarization as required by this Article.

(5)        A description of the technology the registrant will use to create an electronic signature in performing official acts.

(6)        If the device used to create the registrant’s electronic signature was issued or registered through a licensed certification authority, the name of that authority, the source of the license, the starting and expiration dates of the device’s term of registration, and any revocations, annulments, or other premature terminations of any registered device of the registrant that was due to misuse or compromise of the device, with the date, cause, and nature of each termination explained in detail.

(7)        The e-mail address of the registrant.

The information provided in a registration that relates to subdivision (7) of this section shall be considered confidential information and shall not be subject to disclosure under Chapter 132 of the N.C. Gen. Stat., except as provided by rule.

(e)        The electronic registration form for an electronic notary or remote electronic notary shall be transmitted electronically to the Secretary and shall include any decrypting instructions, codes, keys, or software that allow the registration to be read.

(f)        Within 10 business days after the change of any registration information required of an electronic notary or remote electronic notary, the notary shall electronically transmit to the Secretary a notice of the change of information signed with the notary’s official electronic signature. ?(2005-391, s. 4; 2006-59, s. 25; 2006-259, ss. 1, 3; 2022-54, s. 2(f).)

Terms Used In North Carolina General Statutes 10B-106

  • following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3