Phase Three Rulemaking

This rulemaking package is the third of three rulemaking tranches which the Department of the Secretary of State (Department) has undertaken in order to comply with, implement and interpret the Remote Electronic Notarization Act (RENA). This final set of rules: (1) establishes performance criteria for the technology used to perform remote electronic notarial acts; (2) the licensure and approval processes for the providers of that technology, as well as certain other ancillary requirements of RENA; (3) directs notaries on proper use of the technology; (4) makes changes to previously approved RENA-related rules necessary for harmonization with this latest tranche; and (5) addresses recently adopted statutory requirements applicable to manufacturers and sellers of physical notary seals.

The third set of rules (Phase Three) not only implements the Remote Electronic Notarization Act (RENA) but also addresses the mandate found at G.S. 150B-21.3A requiring the review of existing rules every ten years. More information about that process is available at the Office of Administrative Hearings website. The state law would require revisiting the Subchapter 07J notary rules in July 2025. See Period Review Schedule – 2024-2027. As part of streamlining and consolidating all notary rulemaking, the Secretary is seeking exemption from Existing Rules Review.

The Secretary’s request (PDF).