“Video conference technology” includes electronic communication that (i) is capable of recording, and (ii) occurs in real time such that the signer and the notary can see and hear each other clearly.As long as both parties are physically present in North Carolina, the requirement of “personal presence” is satisfied.Allows any North Carolina notary to notarize a document using video conferencing for a signer located in any county within North Carolina.10B-25) but for the most part leaves the rules enacted in 2020 as they are. House Bill 776 makes a few tweaks to the EVN law (codifed at G.S. Until the permanent RON becomes effective, EVN will continue to be available. RONs may only be conducted using remote communication technology platforms that are secure, capable of recording and geolocation, and licensed by the NC Secretary of State. A remote electronic notary can perform any of the notarial acts that an electronic notary can perform (e.g., acknowledgments, jurats, verifications or proofs, and oaths or affirmations), but does not have to be in the physical presence of the signer. In addition, House Bill 776 adds a new category of notary – the remote electronic notary. EVN expired on Decemhowever, House Bill 776 restored EVN such that it may resume, effective immediately, and ratified any EVN occurring after Decemand before July 8, 2022. North Carolina enacted a temporary EVN law in 2020 to allow all notaries (including regular notaries and electronic notaries) to perform acknowledgments and oaths/affirmations over video conference technology. The physical presence requirement became problematic during the height of the COVID-19 pandemic. 10B-107 can register with the NC Secretary of State’s office as “electronic notaries.” Electronic notaries have the ability to perform certain notarial acts electronically however, electronic notarization requires that the signer of the document be in the physical presence of the notary. Under this act, regular notaries who satisfy the training and testing requirements of G.S. Electronic notarization has been available in North Carolina since 2005 under the Electronic Notary Act.
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