Proposed Rule(s) Division: Notary Enforcement
Overview
The purposes of the Notary Public Act, as set out in N.C. Gen. Stat. 10B-2, are:
- To promote, serve, and protect the public interest,
- To simplify, clarify, and modernize the law governing notaries,
- To prevent fraud and forgery,
- To foster ethical conduct among notaries,
- To enhance interstate recognition of notarial acts, and
-
To integrate procedures for all of the following notarial acts:
- Traditional paper,
- Electronic notarization, and
- Remote electronic notarization.
Gen. Stat. 10B-4 authorizes the Secretary of State to “adopt rules necessary to administer and enforce” the Notary Public Act (Chapter 10B) “in order to achieve the purposes of the Act.” The rules proposed here represent the Department’s effort to do so.
Due to the scope and scale of the requirements for this rulemaking process, the Secretary will propose the adoption or readoption of all notary rules in three sets. The first set of proposed rules [Phase One] concentrated on basics for the entire regulated community (i.e. notaries, instructors, and approved technology providers), as well as some associated with the Remote Electronic Notarization Act (RENA). The second set of rules [Phase Two] 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. Phase Two rules focus primarily on defining terms and revising existing rules on notary commissioning and recommissioning, continuing obligations, and notary instructors. The final set of rules [Phase Three] will specify the process for performing remote electronic notarial acts, the technology used to perform remote electronic acts, and the licensure and approval of those technology vendors.
Public Comments on Secretary of State Proposed Rules
We welcome public comments on the text of the proposed rules, as well as the fiscal notes that accompany those rules. We
fully consider all public comments that we receive during the public comment period. The public comment period is set in the
Notice of Text published in the North Carolina Register. A public comment period is required by law.
1st Set of Rules
Comment Period: Open March 15, 2024 - May 14, 2024
2nd Set of Rules:
Comment Period: Closed