SUBCHAPTER 07C – ELECTRONIC NOTARY STANDARDS
SECTION .0100 – GENERAL PROVISIONS
18 NCAC 07C .0101 SCOPE
(a) The rules in this Subchapter implement G.S. 10B,
Article 2, the Electronic Notary Act. and G.S. 47-16.1.
(b) The rules in this Subchapter are adopted pursuant to
the provisions of Subchapter I of Chapter 96 of Title 15 of the United States
Code, Electronic Records and Signatures in Commerce.
History Note: Authority G.S. 10B-125(b); 47-16.5; 47‑16.7;
147-36; 15 USC 7002;
Eff. January 1, 2007.
18 NCAC 07C .0102 DEFINITIONS
In addition to terms defined in Article 1 of Chapter 10B of
the General Statutes and Subchapter 07B of this Chapter, and for purposes of
Article 2 of Chapter 10B of the General Statutes and this Subchapter:
(1) "Applicant" means a person applying for
registration as a North Carolina electronic notary.
(2) "Approved Electronic Notary Solution Provider"
means a person or entity approved to provide an Electronic Notarization System
by the Department pursuant to Article 2 of Chapter 10B of the General Statutes
and Article 1A of Chapter 47 of the General Statutes.
(3) "Biometric Authentication" means proving
the identity of a user by requiring verification of the user's identity through
technologies that require measurement and analysis of one or more human
physiological or behavioral characteristics of the user in order to access and
use an electronic notarization system. Biometric authentication technologies
include fingerprint scanning devices, retinal scanning devices, and handwriting
analysis devices.
(4) "Department" means the North Carolina
Department of the Secretary of State. Unless specifically noted in rule text,
for the purposes of this Subchapter "Department" means the notary
public section of the Department's certification and filing division.
(5) "Electronic Notarization System" means a
set of applications, programs, hardware, software, or technology designed to
enable a notary to perform electronic notarizations.
(6) "Independently Verifiable" means capable
of government or third-party authentication of a notarial act, a notary's
identity, and a notary's relevant authority.
(7) "Password Authentication" means requiring
the user to enter a secret word, phrase, or symbol set in order to access and
use an electronic notarization system.
(8) "Token Authentication" means requiring
use of a physical device in addition to a password or personal identification
number ("PIN" number) in order to access and use an electronic
notarization system. Physical devices used in token authentication
technologies include magnetic cards or "smart cards" and Universal
Serial Bus (USB) memory sticks or "USB keys".
(9) "Under the exclusive control of the notary",
for the purposes of the Department's interpretation of the requirements of G.S.
10B-126(b), means "under the notary public's sole control" as defined
in this subchapter.
(10) "Under the notary public's sole control"
means accessible by and attributable solely to the notary to the exclusion of
all other persons and entities, either through being in the direct physical
custody of the notary or through being secured with one or more biometric,
password, token, or other authentication technologies in an electronic
notarization system provided by an approved electronic notary solution provider
approved pursuant to the Act and this Subchapter.
History Note: Authority G.S. 10B-125(b), 10B-126(d); 47-16.5;
47‑16.7; 147-36; 15 USC 7002;
Eff. January 1, 2007.
SECTION .0200 – REGISTRATION
18 NCAC 07C .0201 APPLICATION
(a) Qualifications. An applicant shall provide:
(1) All information required for registration
pursuant to G.S. 10B-106(d);
(2) Verification that the applicant holds a
valid North Carolina notary commission and continues to meet the qualifications
to hold the notary commission;
(3) Verification that the applicant is in
compliance with all provisions of the Notary Act;
(4) Any other information requested by the
Department to prove the qualifications of the applicant.
(b) Submission. The applicant shall:
(1) Complete the registration form on line;
(2) Print the form;
(3) Have the form notarized; and
(4) Submit the form by:
(A) U.S. mail;
(B) In person delivery; or
(D) Courier service.
History Note: Authority G.S. 10B-125(b), 10B-126(d) ;
47-16.5; 47‑16.7; 147-36; 15 USC 7002;
Eff. January 1, 2007.
18 NCAC 07C .0202 OATH OF OFFICE AND DELIVERY OF
COMMISSION
(a) The applicant shall take the oath in the Register of
Deeds office within 45 days of the issue date on the electronic notary oath
notification letter.
(b) Before taking the oath of office, an applicant shall
present to the Register of Deeds evidence of the applicant's identity as
defined in G.S. 10B-3(22).
(c) After administering the oath of office, the Register of
Deeds shall deliver the electronic notary registration certificate to the electronic
notary.
(d) The applicant's electronic notary registration shall
not be effective until the applicant takes the oath.
History Note: Authority G.S. 10B-125(b), 10B-126(d);
47-16.5; 47‑16.7; 147-36; 15 USC 7002;
Eff. January 1, 2007.
18 NCAC 07C .0203 RE-REGISTRATION
A notary applying to re-register as an electronic notary
shall comply with application procedures found in the Act and this Subchapter.
History Note: Authority G.S. 10B-125, 10B-126; 47-16.5;
47‑16.7; 147-36; 15 USC 7002;
Eff. January 1, 2007.
SECTION .0300 – COURSE OF INSTRUCTION
18 NCAC 07C .0301 APPROVED COURSE OF STUDY FOR
ELECTRONIC NOTARIES PUBLIC
(a) The Department shall administer the training course and
testing for applicants for electronic notary registration.
(b) Upon the Secretary's determination of a need for
additional instructors, the Department may train certified notary public
instructors who are also registered as electronic notaries public to administer
the training course and testing for applicants for electronic notary
registration.
History Note: Authority G.S. 10B-107; 10B-125, 10B-126;
47-16.5; 47‑16.7; 147-36; 15 USC 7002;
Eff. January 1, 2007.
SECTION .0400 – ELECTRONIC NOTARY STANDARDS
18 NCAC 07C .0401 ELECTRONIC NOTARY SIGNATURE
(a) The electronic notary signature shall be independently
verifiable and unique to the electronic notary.
(b) The electronic notary signature shall be retained under
the electronic notary's sole control.
(c) When the electronic notary performs an electronic
notarization, the electronic signature used by the electronic notary must be
accessible by and attributable solely to the electronic notary to the exclusion
of all other persons and entities for the entire time necessary to perform the
electronic notarization.
(d) The electronic notary signature shall be attached or
logically associated with the document, linking the data in such a manner that
any subsequent alterations to the underlying document or electronic notary
certificate are observable through visual examination.
(e) An image of the electronic notary's handwritten
signature shall appear on any visual or printed representation of an electronic
notary certificate regardless of the technology being used to affix the electronic
notary's electronic signature.
History Note: Authority G.S. 10B-125(b), 10B-126(d);
47-16.5; 47‑16.7; 147-36; 15 USC 7002;
Eff. January 1, 2007.
18 NCAC 07C .0402 ELECTRONIC NOTARY SEAL
(a) The electronic notary seal shall be independently
verifiable and unique to the electronic notary.
(b) The electronic notary seal shall be retained under the electronic
notary's sole control.
(c) When the electronic notary performs an electronic
notarization, the electronic seal used by the electronic notary shall be
accessible by and attributable solely to the electronic notary to the exclusion
of all other persons and entities for the entire time necessary to perform the
electronic notarization.
(d) The electronic notary seal shall be attached or
logically associated with the document, linking the data in such a manner that
any subsequent alterations to the underlying document or electronic notary
certificate are observable through visual examination.
(e) An image of the electronic notary's electronic seal
shall appear on any visual or printed representation of the electronic notary
certificate regardless of the technology being used to affix the electronic
notary's electronic seal.
(f) The perimeter of the electronic notary seal shall
contain a border such that the physical appearance of the seal replicates the
appearance of an inked seal on paper.
(g) The electronic notary seal must have, within its border,
the electronic notary's name exactly as commissioned, the words "Electronic
Notary Public", the words "North Carolina" or "N.C.",
and the county of commission including the word "County" or "Co.".
History Note: Authority G.S. 10B-125(b); 10B-126(d); 47-16.5;
47‑16.7; 147-36; 15 USC 7002;
Eff. January 1, 2007.
18 NCAC 07C .0403 PHYSICAL PRESENCE REQUIREMENT FOR
ELECTRONIC NOTARIZATION
When an electronic notary performs an electronic
notarization, the principal and the electronic notary shall be in each other's
physical presence during the entire electronic notarization so that the
principal and the electronic notary can see, hear, communicate with, and give
identification documents as required under G.S. 10B-3(22) to each other without
the use of electronic devices such as telephones, computers, video cameras, or
facsimile machines.
History Note: Authority G.S. 10B-116(1); 10B-125(b);
10B-126(d); 47-16.5; 47‑16.7; 147-36; 15 USC 7002;
Eff. January 1, 2007.
SECTION .0500 –ELECTRONIC NOTARY SOLUTION PROVIDERS
18 NCAC 07C .0501 ELECTRONIC NOTARY SOLUTION PROVIDER
APPLICATION
(a) Any person or entity applying to the Department for
designation as an approved electronic notary solution provider must complete
and submit an application to the Department for review and approval before
authorizing any electronic notary seals or electronic signatures to North Carolina electronic notaries. The application shall include the following
information:
(1) Hardware and software specifications and
requirements for the provider's electronic notarization system,
(2) A description of the type(s) of technology
used in the provider's electronic notarization system, and
(3) A demonstration of how the technology is
used to perform an electronic notarization.
(b) An electronic notary solution provider may appeal the
Department's rejection of the provider's application for designation as an
approved electronic notary solution provider as provided under Article 3 of
Chapter 150B of the General Statutes.
History Note: Authority G.S. 10B-125(b); 10B-126(d);
47-16.5; 47‑16.7; 147-36; 15 USC 7002;
Eff. January 1, 2007.
18 NCAC 07C .0502 CRITERIA FOR APPROVAL OF ELECTRONIC
NOTARY SOLUTION PROVIDERS
Each applicant and each approved electronic notary solution
provider shall:
(1) Provide a free and readily available
viewer/reader so as to enable all parties relying on the electronically
notarized record or document to view the electronic notary signature and the
electronic notary seal without incurring any cost;
(2) Comply with the laws, policies, and rules
that govern North Carolina notaries;
(3) Provide an electronic notarization system or
solution that complies with the technical specifications of the rules and
standards that govern electronic notarization processes and procedures in North Carolina;
(4) Require such of the provider's principals
or employees to take the mandatory electronic notary education course online
and pass the required examination as is necessary to ensure the provider
possesses sufficient familiarity with North Carolina's electronic notary laws
and requirements;
(5) Require notaries to present the NC
Secretary of State's Electronic Notary Certificate to Perform Electronic Notary
Acts prior to authorizing an electronic notary seal and signature;
(6) Verify the authorization of a North
Carolina notary to perform electronic notary acts by logging on to the
Department's website and comparing the name, notary commission number and
commission expiration date with the information on the Electronic Notary
Certificate to Perform Electronic Notary Acts prior to authorizing an
electronic notary seal and signature;
(7) Provide prorated fees to align the usage
and cost of the electronic notary system or solution with the commission term
limit of the electronic notary purchasing the electronic notary seal and
signature;
(8) Suspend the use of any electronic
notarization system or solution for any notary whose commission has been
revoked or suspended by the North Carolina Secretary of State; and
(9) Submit an exemplar of the electronic notary
signature and the electronic notary seal to the Department for each electronic
notary who subscribes to the provider's electronic notary solution.
History Note: Authority G.S. 10B-125(b); 10B-126(d);
47-16.5; 47‑16.7; 147-36; 15 USC 7002;
Eff. January 1, 2007.
18 NCAC 07C .0503 ELECTRONIC NOTARY SOLUTION PROVIDER
CHANGES
(a) An electronic notary solution provider shall notify the
Department within 45 days of changes, modifications or updates to information
previously submitted to the Department.
(b) An approved electronic notary solution provider shall
obtain approval of the Department pursuant to the Act and this Subchapter
before making available to North Carolina electronic notaries any updates or
subsequent versions of the provider's electronic notarization system.
History Note: Authority G.S. 10B-125(b); 10B-126(d); 47-16.5;
47‑16.7; 147-36; 15 USC 7002;
Eff. January 1, 2007.
SECTION .0600 – SECURITY REQUIREMENTS
18 NCAC 07C .0601 SEPARATE ATTESTATIONS
Each electronic signature requiring notarization and
attestation in the form of an acknowledgment shall be individually affixed to
the electronic document by the principal signer and shall be acknowledged
separately by the principal signer, except in the following situation:
(1) The notarized document is executed on behalf of an
entity as defined in G.S. 55-1-40(9)(a) or (c); and
(2) The notarized document does not adversely affect
the claim, right or obligation of another.
History Note: Authority G.S. 10B-125(b); 10B-126(d); 47-16.5;
47‑16.7; 147-36; 15 USC 7002;
Eff. January 1, 2007.
18 NCAC 07C .0602 ELECTRONIC NOTARY SEALS
The electronic notary seal is the property of the electronic
notary and shall be subject to laws governing private property.
History Note: Authority G.S. 10B-125(b); 10B-126(d); 47-16.5;
47‑16.7; 147-36; 15 USC 7002;
Eff. January 1, 2007.
18 NCAC 07C .0603 EMPLOYERS OF ELECTRONIC NOTARIES
(a) Neither the employer nor any of the employer's
employees or agents shall use or permit the use of an electronic notary seal or
signature by anyone other than the electronic notary to whom it is registered.
(b) Upon the cessation of employment of an electronic
notary, the employer of the notary shall:
(1) Relinquish control of the electronic notary
seal;
(2) Transfer possession of the electronic
notary seal to the electronic notary; or
(3) Eliminate the ability of any other person
to use the former employee's electronic notary seal if the electronic
notarization system used by the employer does not permit transfer of possession
of the electronic notary seal.
History Note: Authority G.S. 10B-125(b); 10B-126(d); 47-16.5;
47‑16.7; 147-36; 15 USC 7002;
Eff. January 1, 2007.
18 NCAC 07C .0604 PROTECTED ACCESS
Access to electronic notary signatures and electronic notary
seals shall be protected by the use of a password, token, biometric, or other
form of authentication approved by the Department according to Article 2 of Chapter
10B of the General Statutes, and Article 1A of Chapter 47 of the General
Statutes.
History Note: Authority G.S. 10B-125(b); 10B-126(d);
47-16.5; 47‑16.7; 147-36; 15 USC 7002;
Eff. January 1, 2007.
section .0700 – RECORds of electronic notarial acts - reserved
section .0800 – electronic notary act investigation and
enforcement- reserved
