(a)        The communication technology used by a remote electronic notary to perform remote electronic notarial acts for remotely located principals shall comply with all of the following requirements:

(1)        Host the meeting between the remote electronic notary and the remotely located principal in real time.

(2)        Allow direct interaction between the remotely located principal seeking the remote electronic notary’s services and the remote electronic notary so that each can communicate simultaneously by sight and sound through communication technology.

(3)        Include audio with sound clear enough that each participant in the remote electronic notarial act can hear and understand all other participants.

(4)        Have sufficient video quality to allow a clear and unobstructed visual observation of the face of each participant and any identification provided by the remotely located principal for a sufficient time to allow the remote electronic notary to verify the remotely located principal’s identity under N.C. Gen. Stat. § 10B-134.11 The remote electronic notary shall determine if the time is sufficient.

(5)        Not include prerecorded video or audio or both.

(6)        Be capable of recording using the communication technology’s recording and storage services.

(7)        Be capable of geolocating the remotely located principal to corroborate the location of the remotely located principal.

(b)        The remote electronic notary shall take reasonable steps to provide that the communication technology used in a remote electronic notarization is secure from unauthorized interception. A remote electronic notary shall select one or more tamper-evident technologies to perform remote electronic notarial acts with respect to electronic documents. In addition to any requirements of this Article or established by the Secretary, the communication technology shall provide automated backup of the communication technology recording.

(c)        No person may require a remote electronic notary to perform any remote electronic notarial act using communication technology that the remote electronic notary has not selected. ?(2022-54, s. 1.)

Terms Used In North Carolina General Statutes 10B-134.5

  • 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
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