(a)        All of the following shall occur prior to the performance of a remote electronic notarial act:

(1)        The remote electronic notary shall inform the participants that North Carolina law requires that a communication technology recording be made of the remote electronic notarization.

(2)        The remote electronic notary shall require the remotely located principal to demonstrate, to the satisfaction of the remote electronic notary, that the remotely located principal is not under duress and is not otherwise being coerced to complete the transaction.

(3)        The remote electronic notary shall verify the identity of the remotely located principal as provided in N.C. Gen. Stat. § 10B-134.11

(4)        The remote electronic notary shall ask the remotely located principal if the remotely located principal would like an attorney to participate in the remote notarization, and allow for such if so requested.

(5)        The remotely located principal shall verbally state what documents are being signed for the notarial record or describe the general nature of the transaction.

(6)        The location of the remotely located principal shall be verified by geolocation via communication technology.

(b)        In addition to the prohibitions contained in N.C. Gen. Stat. § 10B-134.3 and N.C. Gen. Stat. § 10B-20, a remote electronic notary shall refuse to perform a remote electronic notarial act if any of the following applies:

(1)        The remote electronic notary has reasonable grounds to believe the remotely located principal is acting under duress or is being coerced into completing the transaction.

(2)        The remote electronic notary becomes aware that the communication technology is not secure.

(3)        The electronic signature of the remotely located principal cannot be attached to the electronic document for signature.

(4)        Unless an oath is being administered, the remote electronic notary’s electronic notarial certificate and seal cannot be attached to the electronic document using an electronic technology that renders any subsequent change or modification to the document evident.

(c)        Except as provided in subsection (d) of this section, if the remote electronic notarial act is an oath or affirmation, the remote electronic notary shall administer the oath or affirmation to the remotely located principal utilizing a licensed platform.

(d)       In judicial actions or proceedings, any notary public registered with the Secretary, whether or not registered as a remote electronic notary, may administer an oath or affirmation to a witness that does not require remote electronic notarization of a record or a notarial certificate and seal when done in person, provided all of the following apply:

(1)        The notary is physically located in this State at the time the oath or affirmation is administered to the remotely located witness.

(2)        Communication technology is utilized. The notary shall not be required to select the medium of communication technology or to retain a communication technology recording of the performance of each remote oral oath or affirmation.

(3)        All requirements of this Article relating to the identity proofing of the witness are satisfied.

(e)        Any non-material failure of the remote electronic notary to comply with the requirements of the remote electronic notarization does not invalidate the notarial act or the electronic record that was remotely notarized. An aggrieved person is not prevented from using failures in the remote electronic notarization process, along with other grounds, to challenge the validity or enforceability of the remote electronic notarization based on fraud, forgery, impersonation, duress, incapacity, undue influence, minority, illegality, unconscionability, or another basis not related to the remote electronic notarial act or constructive notice provided by recording of the electronic record.

(f)        Information gained from a remotely located principal in the course of performing a remote electronic notarization shall be treated as confidential by the remote electronic notary. ?(2022-54, s. 1.)