SUBCHAPTER 07F – ELECTRONIC NOTARY PUBLIC REQUIREMENTS

SECTION .0100 – GENERAL

18 NCAC 07F .0102          DEFINITIONS

For purposes of Article 2 of Chapter 10B of the General Statutes, this Subchapter, and Subchapters 07H and 07J of this Chapter:

(1)           "Biometric authentication" means proving the identity of a user 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. Note: Biometric authentication technologies include fingerprint scanning devices and retinal scanning devices.

(2)           "Electronic notary applicant" means a commissioned North Carolina notary public who applies to be registered or reregistered as an electronic notary public.

(3)           "Electronic notary's electronic signature" means:

(a)           an electronic image of the handwritten signature of the electronic notary public in the name of the notary as it appears on the notary's commission; and

(b)           the technology provider's security features attached to the signature in Sub-Item (3)(a) of this Rule.

(4)           "Independently verifiable" means capable of government or third-party authentication of a notarial act, an electronic notary's identity and current status with the Department.

(5)           "In the presence of the electronic notary at the time of notarization" means that an individual and an electronic notary public are in close physical proximity to one another without using technology to establish personal appearance.

History Note:        Authority G.S. 10B-4; 10B-106; 10B-125(b); 10B-126; 10B-134.15; 10B-134.17; 10B-134.21;

Eff. January 1, 2007;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest

Eff. December 6, 2016;

Transferred from 18 NCAC 07C .0102 Eff. June 1, 2023;

Amended Eff. July 1, 2025; July 1, 2024.