NC Notary - North Carolina Notary Electronic and Remote Notarization Questions and Answers 1 — Questions and Answers
Question 1: A notary public wants to begin offering remote electronic notarizations in North Carolina. In addition to their standard notary commission, what specific action must they take before performing any remote notarial acts?
- Purchase Errors & Omissions insurance with a minimum coverage of $25,000.
- Take an additional course of at least four hours approved by the Secretary of State and pass an examination. (Correct answer)
- Register with the Register of Deeds in every county where they intend to offer remote services.
- Submit a written request to the Secretary of State and wait for a 90-day probationary period to elapse.
Correct answer: Take an additional course of at least four hours approved by the Secretary of State and pass an examination.
North Carolina General Statute § 10B-107(a) requires that before performing any electronic or remote electronic notarial acts, a notary must complete an additional course of instruction of at least four hours and pass an associated examination approved by the Secretary of State. This is a separate requirement from the initial notary public commissioning process.
Question 2: During a remote electronic notarization session, where must the North Carolina remote electronic notary be physically located?
- Anywhere within the United States, as long as the signer is a North Carolina resident.
- Within the county where their commission is registered.
- Anywhere, as the notarization is virtual and not bound by physical location.
- Physically located within the borders of the State of North Carolina. (Correct answer)
Correct answer: Physically located within the borders of the State of North Carolina.
According to North Carolina General Statute § 10B-134.7(a), a remote electronic notary may perform a remote electronic notarial act only while they are physically located within the State of North Carolina. The signer's location can be elsewhere, but the notary's physical presence in NC is mandatory.
Question 3: A North Carolina remote electronic notary is preparing for a session with a remotely located principal. Which of the following is a mandatory procedural step the notary must take *before* performing the notarial act?
- Request a copy of the signer's birth certificate for their records.
- Obtain the signer's social security number for identity verification.
- Inform the participants that North Carolina law requires a recording of the remote notarization session. (Correct answer)
- Ensure the signer is using a computer located within North Carolina.
Correct answer: Inform the participants that North Carolina law requires a recording of the remote notarization session.
North Carolina law (G.S. 10B-134.9(a)(1)) explicitly requires the remote electronic notary to inform all participants that the session will be recorded using communication technology. This disclosure is a critical prerequisite to the notarial act itself.
Question 4: Which of the following documents is an electronic notary expressly prohibited from notarizing remotely in North Carolina?
- A real estate deed.
- A self-proved will. (Correct answer)
- A power of attorney.
- A business contract.
Correct answer: A self-proved will.
North Carolina law specifically prohibits certain documents from being remotely notarized. Among the exceptions listed in the statutes are self-proved wills, codicils, and certain trusts. These documents have stricter execution requirements.
Question 5: For every remote electronic notarization they perform, a North Carolina notary must maintain a record of the act. What is this record called and what is a key requirement for it?
- A traditional paper journal; it must be stored in a locked safe.
- A remote act logbook; it must be mailed to the Secretary of State annually.
- An electronic journal; it must be the exclusive property of the notary and backed up. (Correct answer)
- A digital transaction file; it must be deleted after the commission expires.
Correct answer: An electronic journal; it must be the exclusive property of the notary and backed up.
G.S. 10B-134.15 mandates that an electronic notary must record each remote electronic notarization in an electronic journal. The statute specifies that this journal is the exclusive property of the notary and rules require that it be securely stored and backed up to prevent data loss.
Question 6: When a North Carolina electronic notary performs a remote notarization, the notarial certificate must contain specific information. Which of the following statements is required to be included?
- The name of the communication technology platform used.
- The internet protocol (IP) address of the remotely located principal.
- A statement that the notarization is a remote electronic notarization. (Correct answer)
- The make and model of the computer used by the notary.
Correct answer: A statement that the notarization is a remote electronic notarization.
The remote electronic notarial certificate must explicitly state that the act was a remote electronic notarization performed using communication technology. This clarifies the method of notarization for anyone relying on the document. It also must include a statement identifying where the principal was physically located.
NC Notary - North Carolina Notary Electronic and Remote Notarization Questions and Answers 1
A notary public wants to begin offering remote electronic notarizations in North Carolina.
In addition to their standard notary commission, what specific action must they take before performing any remote notarial acts?