10B-134.3. (Effective July 1, 2023) Types of remote electronic notarial acts; prohibitions.
(a) Upon registration with the Secretary under this Article, a remote electronic notary may perform any of the notarial acts listed in G.S. 10B-115 by means of communication technology in accordance with this Part. A remote electronic notary may perform any authorized remote notarial act with respect to electronic documents.
(b) A remote electronic notary shall not perform a remote electronic notarial act if any of the following applies:
(1) The remotely located principal's identity cannot be verified under G.S. 10B-134.11.
(2) Any reason set forth in G.S. 10B-20.
(3) Any reason set forth in G.S. 10B-134.9.
(c) Notwithstanding subsection (a) of this section, a remote electronic notary shall not perform any remote electronic notarial act with regard to any of the following documents:
(1) A self-proved will executed pursuant to Article 4A of Chapter 31 of the General Statutes.
(2) A revocable or irrevocable trust or any other document amending the same except for a certification of trust or similar document.
(3) A death beneficiary form that requires an acknowledgment.
(4) A codicil to a will.
(5) Any document related to the relinquishment of parental rights under Article 3 of Chapter 48 of the General Statutes.
(6) Mail-in absentee ballots issued under Article 20 of Chapter 163 of the General Statutes.
(d) The prohibitions in subsection (c) of this section shall not apply when, at the time the remote electronic notarial act is performed, the remotely located principal meets the description in G.S. 10B-134.1(10)b.
(e) No remotely notarized power of attorney may be used by the attorney-in-fact with any other remotely notarized document to convey title to, or transfer any interest in, a remotely located principal's real property. A power of attorney executed by a remotely located principal under this Part shall be recorded in at least one county register of deeds office in this State. This subsection does not apply to powers of attorney executed by a remotely located principal described in G.S. 10B-134.1(10)b. (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.