This notice was posted on the NC Bar Association Paralegal Division listserv (as well as on other section listservs) on behalf of Ann Wall, General Counsel, NC Department of the Secretary of State:

We have had some questions recently that suggest there may be some confusion about which notarizations can and cannot be done right now.  This post endeavors to address some of the main areas of confusion.

1.  Emergency Video Notarizations (EVNs) can be done today. Emergency Video Notarization (G.S. 10B-25) is presently authorized through June 30, 2025, but a look at the General Assembly website would not make that immediately clear. You need to look at S.L. 2024-47, SECTION 2.(a) which says “G.S. 10B-25(n) reads as rewritten:
“(n) This section shall expire at 12:01 A.M. on June 30, 2024; July 1, 2025; provided, however, all notarial acts made in accordance with this section and while this section is in effect shall remain effective and shall not need to be reaffirmed.”

Please note the 12:01AM “sunset,” which means it effectively expires at the end of the day, June 30th. 

 Important: Lexis, the official Gen. Statutes publisher, is up to date with the July 1, 2025, expiration date.  However, if you just go to the General Assembly’s website and search for GS 10B-25, it will show as expired. The Revisor of Statutes has not yet updated the General Statutes on the General Assembly’s website. They are only updated through S.L. 2024-45. That means that when you’re using the General Assembly’s website for a statutory search, you should use the Table of Contents because any Session Laws that are not yet incorporated show up on the Table of Contents. For example, if you go to G.S. 10B-25 right now on the General Assembly’s website, this is what you will see:

When you click on the Session Law, you’ll find that, in fact, 10B-25 will not expire until July 1, 2025.  But that only gives you the new expiration date.  You have to go to either Lexis, or SL 2020-3 on the General Assembly website, to get the EVN particulars which have not yet been restored to the General Statutes page. Forms and other guides for NC EVNs are available here. 

2. No Remote Electronic Notarizations (RENs) yet! A North Carolina notary public is not yet legally authorized to perform a REN act.

The reason is that the rules are not yet final. Phase 1 and 2 rules have been approved by the Rules Review Commission (RRC) and are in effect now. The Department has adopted its Phase 3 rules, including some amendments to Phase 1 and 2 rules. We have submitted the Phase 3 rules to the RRC for review. You can see the adopted rules on our website here.

The adopted rules are not necessarily the same as the final rules. RRC staff attorneys are reviewing the adopted rules and may ask us to make changes. RRC members can also ask for changes. When we have made any requested changes that we agree with, the RRC reviews the rules.  Once they approve rules, REN acts will still not be authorized.

After the rules are approved, the Department must then implement the rules. That includes:  revising the notary manual; developing training for notaries, technology providers, and the public; educating notary instructors, notaries, and technology providers; etc. If all goes smoothly, we anticipate being able to accept applications from technology providers on July 1, 2025.  Then we’ll have to review the technology provider’s applications.       

Moreover, before the first NC REN act can be performed, an electronic notary must undergo training and select a licensed platform. 

Ann B. Wall, General Counsel
NC Department of the Secretary of State
awall@sosnc.gov