North Carolina General Statutes 10B-134.3. (Effective July 1, 2024) Types of remote electronic notarial acts; prohibitions
(a) Upon registration with the Secretary under this Article, an electronic notary may perform any of the notarial acts listed in N.C. Gen. Stat. § 10B-115 by means of communication technology in accordance with this Part. An electronic notary may perform any authorized remote notarial act with respect to electronic documents.
(b) An electronic notary shall not perform a remote electronic notarial act if any of the following applies:
(1) The remotely located principal’s identity cannot be verified under N.C. Gen. Stat. § 10B-134.11
Terms Used In North Carolina General Statutes 10B-134.3
- Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
- Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
(2) Any reason set forth in N.C. Gen. Stat. § 10B-20
(3) Any reason set forth in N.C. Gen. Stat. § 10B-134.9
(4) The notarial act would be a verification or proof.
(c) Notwithstanding subsection (a) of this section, an electronic notary shall not perform any remote electronic notarial act with regard to any of the following documents:
(1) A self-proved will executed pursuant to Article 4A of Chapter 31 of the N.C. Gen. Stat..
(2) A revocable or irrevocable trust or any other document amending the same except for a certification of trust or similar document.
(3) Repealed by Session Laws 2023-57, s. 9(b), effective July 1, 2024.
(4) A codicil to a will.
(5) Any document related to the relinquishment of parental rights under Article 3 of Chapter 48 of the N.C. Gen. Stat..
(6) Mail-in absentee ballots issued under Article 20 of Chapter 163 of the N.C. Gen. Stat..
(d) The prohibitions in subsection (c) of this section shall not apply when, at the time the remote electronic notarial act is performed, the remotely located principal meets the description in N.C. Gen. Stat. § 10B-134.1(10)b.
(e) No remotely notarized power of attorney may be used by the attorney-in-fact with any other remotely notarized document to convey title to, or transfer any interest in, a remotely located principal’s real property. A power of attorney executed by a remotely located principal under this Part shall be recorded in at least one county register of deeds office in this State. This subsection does not apply to powers of attorney executed by a remotely located principal described in N.C. Gen. Stat. § 10B-134.1(10)b. (2022-54, s. 1; 2023-57, ss. 2, 9(b).)