Legal Requirements and Procedures for Remote, Online, and Digital Notarizations in North Carolina
Notarization is a crucial part of many legal proceedings, providing authentication and assurance that documents are genuine and legally binding. With the advancements in technology, remote, online, and digital notarizations have gained popularity, offering convenience and efficiency. In the state of North Carolina, there are specific legal requirements and procedures that must be followed for these types of notarizations. In this article, we will explore the necessary steps and guidelines for remote, online, and digital notarizations in North Carolina.
What is a Remote Notarization?
A remote notarization is a process where the notarial act is performed using audio-visual communication technology rather than in-person. This allows individuals to have their documents notarized from the comfort of their own location, eliminating the need for physical presence.
In North Carolina, remote notarizations are governed by the Revised Uniform Law on Notarial Acts (RULONA). To conduct remote notarizations, notaries must meet specific requirements and follow prescribed procedures.
Requirements for Remote Notarizations
In North Carolina, notaries seeking to perform remote notarizations must first obtain an additional commission as a Remote Online Notary (RON). To qualify, the notary must:
- Hold an active commission as a traditional notary in North Carolina
- Complete an application for a remote notary commission
- Complete an approved training course on remote notarizations
- Pass an examination on remote notarization laws and procedures
- Purchase and maintain an approved technology platform for remote notarizations
Once the notary obtains the RON commission, they are authorized to perform remote notarizations within the state of North Carolina.
Procedures for Remote Notarizations
When conducting a remote notarization, the notary must follow specific procedures to ensure the validity and integrity of the process:
- The signer must be physically located in North Carolina at the time of the notarization.
- The notary must verify the identity of the signer using personal knowledge, remote presentation of identification, or other approved methods.
- The notary and signer must communicate using audio-visual technology that allows for real-time interaction and observation.
- Both the notary and signer must affix their electronic signatures to the document.
- The notary must include a remote notarization certificate containing specific language required by North Carolina law.
It is important to note that not all documents are eligible for remote notarization. Certain documents, such as wills, codicils, and powers of attorney, require in-person notarization.
Online Notarizations in North Carolina
In addition to remote notarizations, North Carolina also allows for online notarizations. Online notarizations involve the use of electronic documents and signatures, but they do not require real-time audio-visual communication. Instead, the signer electronically signs the document, and the notary applies their electronic seal and signature at a later time.
Similar to remote notarizations, online notarizations require the notary to obtain an additional commission as an Online Notary. The procedures and requirements for online notarizations are outlined in the North Carolina Online Notary Act.
Digital Notarizations in North Carolina
Digital notarizations refer to the notarization of digital documents that are in electronic form. In North Carolina, digital notarizations are permitted if the notary holds an active commission as a traditional notary or as a Remote Online Notary.
When performing a digital notarization, the notary must use an electronic notary seal that complies with the requirements set forth in North Carolina law. The notary’s electronic signature and seal must be unique and capable of independent verification.
Conclusion
Remote, online, and digital notarizations offer convenience and accessibility in today’s digital age. In North Carolina, notaries can perform remote notarizations after obtaining a Remote Online Notary commission, while online and digital notarizations require specific qualifications and comply with state laws.
For further information on becoming a notary or the various types of notarizations, explore our website’s other articles. Understanding the legal requirements and procedures is essential for notaries in North Carolina to provide reliable and valid notarization services in the modern era.
