The North Carolina Secretary of State has issued the second (“Phase II”) of three planned sets of rulemaking packages that are intended to implement and interpret the North Carolina Remote Electronic Notarization Act (“RENA”), which was adopted on July 8, 2022, and modified by Senate Bill 552 on June 23, 2023 and Senate Bill 615 on September 28, 2023. Senate Bill 552 extended the emergency use of video notarizations and video witnessing to June 30. 2024 and Senate Bill 615 added clarifying language to notary journal sections.
.As previously discussed here, RENA authorizes the Secretary to promulgate rules for all aspects of North Carolina notary public laws which will allow fully remote notarizations as of the July 1, 2024 effective date. The North Carolina Secretary of State announced that the proposed rulemaking will be released in three phases, each covering different rules and having their own comment period.
Phase II of the proposed rules can be viewed on the North Carolina Secretary of State website and were also published in the North Carolina Register, Volume 38 Issue 9, dated November 1, 2023. The Secretary of State’s office is holding a hearing for public comments on November 28, 2023. Additional comments will be accepted through January 2, 2024 and will be published when the comment period is closed. The comment period for Phase I is now closed, and all comments that were received have been posted to the North Carolina Secretary of State website.
Unlike Phase I proposed rules, which were related to methods of performing notarial acts, Phase II proposed rules amend, adopt and repeal sections of Subchapters B, C, D, and E of 18 NCAC 07 which cover:
- Statutory definitions and the general requirements for notary commission and recommission, including requests for confidential information.
- Enforcement by the Secretary of State, which may include a warning, license restriction, or license revocation.
- Notary reporting obligations, including the obligation to report changes in status and misconduct.
- General process to become a notary.
- Requirements for certification and recertification as a notary instructor.
The last set of proposed rules (“Phase III”) is expected to focus on the technology used to perform remote electronic notarizations, including the licensing and approval of providers.
DocMagic will continue to provide information regarding the implementation of RENA as it becomes available. If you have any question regarding this article, please contact DocMagic’s Compliance Department.
