10B-134.5. (Effective July 1, 2023) Use of communication technology.
(a) The communication technology used by a remote electronic notary to perform remote electronic notarial acts for remotely located principals shall comply with all of the following requirements:
(1) Host the meeting between the remote electronic notary and the remotely located principal in real time.
(2) Allow direct interaction between the remotely located principal seeking the remote electronic notary's services and the remote electronic notary so that each can communicate simultaneously by sight and sound through communication technology.
(3) Include audio with sound clear enough that each participant in the remote electronic notarial act can hear and understand all other participants.
(4) Have sufficient video quality to allow a clear and unobstructed visual observation of the face of each participant and any identification provided by the remotely located principal for a sufficient time to allow the remote electronic notary to verify the remotely located principal's identity under G.S. 10B-134.11. The remote electronic notary shall determine if the time is sufficient.
(5) Not include prerecorded video or audio or both.
(6) Be capable of recording using the communication technology's recording and storage services.
(7) Be capable of geolocating the remotely located principal to corroborate the location of the remotely located principal.
(b) The remote electronic notary shall take reasonable steps to provide that the communication technology used in a remote electronic notarization is secure from unauthorized interception. A remote electronic notary shall select one or more tamper-evident technologies to perform remote electronic notarial acts with respect to electronic documents. In addition to any requirements of this Article or established by the Secretary, the communication technology shall provide automated backup of the communication technology recording.
(c) No person may require a remote electronic notary to perform any remote electronic notarial act using communication technology that the remote electronic notary has not selected. (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.