This rulemaking package is the third of three rulemaking tranches which the Department of the Secretary of State (Department) has undertaken in order to comply with, implement and interpret the Remote Electronic Notarization Act (RENA). This final set of rules: (1) establishes performance criteria for the technology used to perform remote electronic notarial acts; (2) the licensure and approval processes for the providers of that technology, as well as certain other ancillary requirements of RENA; (3) directs notaries on proper use of the technology; (4) makes changes to previously approved RENA-related rules necessary for harmonization with this latest tranche; and (5) addresses recently adopted statutory requirements applicable to manufacturers and sellers of physical notary seals.

G.S. 150B-21.3A separately requires all state agencies to review existing rules every ten years in accordance with a prescribed process that includes rule readoption. Many of the existing notary rules are nearing the end of their decadal cycle and thus are due for review and readoption. This third rulemaking tranche is undertaken to satisfy the mandates found in both RENA and G.S. 150B-21.3A.