Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Please consult an attorney for guidance on specific laws regarding Remote Online Notarization (RON), digital signatures, and related legal matters. As laws concerning RON and notarization are subject to frequent changes, it is advisable to verify current regulations with your local government.
Can notaries in North Carolina perform RON transactions? That’s a question many people ask themselves, particularly with the increasing prevalence of remote transactions. As technology integrates into more areas of our lives, it’s only natural that legal processes, like notarization, evolve too. This article seeks to shed light on the remote surrounding online notary services in North Carolina, outlining the current state of affairs, relevant regulations, and factors to consider if you need to have a document notarized online.
Historically, North Carolina law mandated the physical presence of a notary public during a document signing, making remote notarization difficult. But, with the onset of the COVID-19 pandemic and the need for social distancing, things started changing. The North Carolina General Assembly passed a temporary solution to address this very issue: the Emergency Video Notarization (EVN).
Understanding Online Notarization in North Carolina
This new law permitted notaries in North Carolina to conduct notarizations via video conferencing. However, as life gradually returned to normal, many questioned the longevity of online notarization. This brings us to a critical question: is online notary legal in North Carolina today?
Yes. Effective July 1, 2023, House Bill 776, officially the Remote Online Notarization Act (RONA), legalized remote online notarization on a permanent basis within the state. This marked a significant shift in policy, officially ushering in a new era for document notarizations in North Carolina.
The Path to Permanent Online Notarization
While the journey toward permanent online notarization may seem straightforward, it involved careful deliberations and incorporating public feedback. After passing RONA, the North Carolina Secretary of State diligently worked to establish clear guidelines and procedures. They initiated internal reviews and, significantly, sought external input through a series of Advance Notice of Proposed Rulemaking (ANPR).
The goal? To guarantee the efficacy, security, and integrity of online notarizations under this new law. This commitment to a secure system ensures that electronic notarial acts carry the same weight and legal recognition as traditional, in-person notarizations. The careful process also sought to address concerns related to the potential for fraud or misuse of electronic documents, further strengthening the integrity of remote online notarizations in the state.
| ANPR | Focus | Outcome |
|---|---|---|
| #1 (Oct 21, 2022) | Role of the remote electronic notary public (RENP) and general procedures to implement RONA | Comments closed Nov 30, 2022, and are publicly accessible online. |
| #2 (Mar 30, 2023) | Technical specifications, standards for communication technology, credential analysis, and identity verification required under RONA. | Input accepted through May 15, 2023. Read contributions or provide feedback. |
Addressing Concerns about Online Notarization
However, remote online notarizations in North Carolina isn’t without its skeptics. Many individuals remain cautious, concerned about the security of personal data and the potential for fraudulent activity, which is completely understandable. Some also voice apprehensions about the technical know-how required for successful remote notarizations. It’s natural for people to question new technologies, especially when sensitive documents are involved. But, recognizing and addressing these valid concerns is crucial for wider acceptance and use.
Thankfully, a great deal of effort has gone into mitigating potential risks and concerns about online notarizations. For example, all notaries performing online notarizations in North Carolina must first undergo specialized training in electronic notarization procedures. This ensures they understand the intricacies of remote online notarizations, the importance of a secure communication platform, and how to properly identify participants. The implemented security protocols are constantly evolving to ensure their robustness and effectiveness.
How Does Online Notarization in North Carolina Work?
For starters, you need to find a notary public in North Carolina who is certified to perform online notarizations.
What to Expect During an Online Notarization Session:
- Secure Online Platform: The notarization happens on a secure online platform with features like multi-factor authentication to confirm your identity. Multi-factor authentication adds an extra layer of security, making it significantly more difficult for unauthorized individuals to access your personal information or compromise the notarization process.
- Audio-Visual Communication: You’ll participate in a live audio-visual conference with the online notary public. They need to see and interact with you throughout the process.
- Identity Verification: You’ll be required to verify your identity through credential analysis – think about providing photos of your government-issued ID – using sophisticated software. Some systems might ask you to answer security questions to confirm your identity.
- Electronic Signatures: The documents are electronically signed during the session. Your digital signature, applied electronically, will be legally binding just like a wet ink signature. The notary public also digitally signs the document.
- Digital Notarization Certificates: These act as proof of the online notarization. These certificates, often in a tamper-evident format, detail the date and time of notarization, along with the electronic signatures and the notary’s digital seal, guaranteeing authenticity. They can be electronically stored and transferred.
- Electronic Journal: The notary will also make a record of the notarization in an electronic journal, which adds an extra layer of security.
FAQs about is online notary legal in north carolina
What is the Remote Electronic Notarization act in NC?
The Remote Electronic Notarization Act, or RONA, officially became law in North Carolina on July 1, 2023, legalizing remote online notarization, or RON, on a permanent basis. It allows notaries to use audio-visual technology to complete notarizations. This includes, but is not limited to, the notarization of important documents such as wills, trusts, and powers of attorney.
Find a list of requirements notaries have to follow as part of this law on the North Carolina Secretary of State’s website.
Does North Carolina accept Electronic Signature?
Yes, mobile notaries are permitted in North Carolina. They are bound by the same laws and regulations as traditional notaries, with the added convenience of traveling to your location for notarization services. Mobile notaries can be particularly helpful for those who are homebound, in assisted living facilities, or otherwise unable to travel to a notary’s office.
Can I take a notary class online in NC?
While there are many online resources available, North Carolina currently doesn’t permit taking a complete notary class online to become a certified notary public. Aspiring notaries in North Carolina must complete a state-approved training course, typically conducted in person, which covers essential topics like notary responsibilities, state laws, and best practices. The in-person training ensures that prospective notaries have a thorough understanding of their duties and are equipped to handle various notarial acts responsibly.
For the most current information regarding notary requirements, be sure to check with the North Carolina Secretary of State.
Does North Carolina accept Electronic Signature?
The state’s Uniform Electronic Transactions Act (UETA) gives legal recognition to electronic records and signatures. In simple terms, North Carolina law views e-signatures, like those generated by DocuSign, as legally valid, provided specific criteria are met. For instance, both parties involved in the transaction must have agreed to use electronic signatures, and the electronic document must be capable of being retained and reproduced.
To learn about specific instances when e-signatures might not be suitable under UETA, review §§ 10B-20(f), 10B-40(e), & 47-2.2. Please note that not all documents may be considered validly signed if signed by electronic signature.
Conclusion
With the passing of the Remote Online Notarization Act, or RONA, remote online notarization is no longer just legal in North Carolina – it is quickly becoming commonplace. It offers residents a convenient way to sign and get documents notarized without needing to leave their homes, paving the way for more efficient and technology-driven solutions for various notarial needs.