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Phase Two Rulemaking Division: Notary Enforcement

Due to the scope and scale of the requirements for the RENA rulemaking process, the Secretary will propose the adoption or readoption of all notary rules in three sets. Phase Two rules focus primarily on defining terms and revising existing rules on notary commissioning and recommissioning, continuing obligations, and notary instructors.

The second set of rules [Phase Two] not only implements the Remote Electronic Notarization Act (RENA) but also addresses the mandate found at G.S. 150B-21.3A requiring the review of existing rules every ten years. More information about that process is available at the Office of Administrative Hearings website. The state law would require revisiting the notary rules starting September 2024. See Periodic Review Schedule – 2024-2027. As part of streamlining and consolidating all notary rulemaking, the Secretary is seeking exemption from Existing Rules Review. The Secretary’s request is here.

RRC-approved Phase Two Rules

18 N.C.A.C. 07B General Requirements
18 N.C.A.C. 07C Process to Become a Notary and Renew a Notary Commission
18 N.C.A.C. 07D Continuing Obligations of Notaries
18 N.C.A.C. 07E Notary Instructor Requirements

Adopted Rules Submitted for Review by Rules Review Commission

18 N.C.A.C. 07B (General Requirements)
18 N.C.A.C. 07C (Process to Become a Notary and Renew a Notary Commission)
18 N.C.A.C. 07D (Continuing Obligations of Notaries)
18 N.C.A.C. 07E (Notary Instructor Requirements)

Proposed Rules

As published at pages 549-580 in the North Carolina Register (November 1, 2023)

Fiscal Note

Fiscal Note

Public Comments
(Comment period closed)

E. Blue
C. Hopkins
National Notary Association
Estate Planning & Fiduciary Law Section of the NC Bar Assoc.
(Comments posted by date of receipt)
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