10B-134.15. (Effective July 1, 2023) Electronic journal of remote electronic notarial acts.
(a) A remote electronic notary who performs a remote electronic notarization shall enter information about the remote electronic notarization in an electronic journal. The electronic journal shall be the exclusive property of the remote electronic notary. The remote electronic notary shall not allow another person to make entries in the electronic journal.
(b) The Secretary shall adopt rules specifying the content and secure storage of the electronic journal. The rules adopted by the Secretary shall comply with all of the following:
(1) Allow for electronic and paper mediums of the electronic journal.
(2) Require retention for 10 years after the remote electronic notarization.
(3) Allow a party involved in a transaction that utilizes remote electronic notarization to require additional information regarding that transaction be included in the electronic journal.
(4) Authorize a third-party vendor, including a licensed platform, to act as a depository electronic journal.
(5) Specify to whom the electronic journal shall be delivered upon resignation, revocation, or expiration of a notary commission or death or adjudication of incompetency of a remote electronic notary.
(c) A remote electronic notary may surrender the electronic journal to the remote electronic notary's employer upon termination of employment, but the remote electronic notary shall also keep and maintain an accurate backup copy of the journal for 10 years after the last remote electronic notarization entered into the electronic journal.
(d) Except as provided in subsection (c) of this section, the notary shall not surrender or destroy the electronic journal or the communication technology recordings of remote electronic notarial acts except as required by a court order or as allowed under rules adopted by the Secretary. (2022-54, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 2 - Electronic Notary Act.
§ 10B-101 - (Effective until July 1, 2023) Definitions.
§ 10B-102 - (Effective until July 1, 2023) Scope of this Article.
§ 10B-105 - (Effective until July 1, 2023) Qualifications.
§ 10B-106 - (Effective until July 1, 2023) Registration with the Secretary of State.
§ 10B-107 - Course of instruction.
§ 10B-108 - Fees for registration.
§ 10B-115 - Types of electronic notarial acts.
§ 10B-117 - (Effective until July 1, 2023) Notarial components of electronic document.
§ 10B-125 - Electronic signature, electronic seal.
§ 10B-126 - Security measures.
§ 10B-127 - Maintenance of electronic device.
§ 10B-128 - Disposition of records.
§ 10B-134.1 - (Effective July 1, 2023) Definitions.
§ 10B-134.3 - (Effective July 1, 2023) Types of remote electronic notarial acts; prohibitions.
§ 10B-134.5 - (Effective July 1, 2023) Use of communication technology.
§ 10B-134.7 - (Effective July 1, 2023) Authority to perform remote electronic notarial acts.
§ 10B-134.13 - (Effective July 1, 2023) Electronic notarization and remote electronic notarization.
§ 10B-134.15 - (Effective July 1, 2023) Electronic journal of remote electronic notarial acts.
§ 10B-134.17 - (Effective July 1, 2023) Security measures by notary; surrender of journal; etc.
§ 10B-134.19 - (Effective July 1, 2023) Platform licensure by Secretary.
§ 10B-134.21 - (Effective July 1, 2023) Rules.
§ 10B-134.25 - (Effective July 1, 2023) Real estate transactions.
§ 10B-135 - Validity of notarial certificates.
§ 10B-136 - Form of evidence of authority of electronic notarial act.
§ 10B-137 - Certificate of authority for electronic notarial act.
§ 10B-145 - Restriction or revocation of registration.
§ 10B-146 - Wrongful manufacture, distribution, or possession of software or hardware.