Bill Summary for S 552 (2023-2024)

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Summary date: 

Apr 4 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
Senate Bill 552 (Public) Filed Tuesday, April 4, 2023
AN ACT TO MAKE VARIOUS CHANGES TO THE NOTARY ACT.
Intro. by Daniel, Craven.

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Bill summary

Enacts GS 10B-4 to authorize the North Carolina Secretary of State or the Secretary's designee (Secretary) to adopt rules necessary to administer and enforce GS Chapter 10B.   Amends GS 10B-134.1 (the definitions sections pertaining to remote electronic notarization) to add custodial services, custodian, depository, and depository services as new defined terms. Amends defined term platform. Deletes defined term remote electronic notary public or remote electronic notary (a notary public who is registered with the Secretary to perform remote electronic notarizations).  Makes conforming changes to GS 10B-134.1, GS 10B-102 (scope of article), GS 10B-105 (qualifications), GS 10B-117 (notarial components of electronic document), GS 10B-134.3 (types of remote electronic acts), GS 10B-134.5 (use of communication technology), GS 10B-134.7 (authority to perform electronic notarial acts), GS 10B-134.9 (requirements and procedures for remote electronic notarial acts), GS 10B-134.11 (verification of identity), GS 10B-134.13 (electronic notarization and remote electronic notarization), GS 10B-134.15 (electronic journal of remote electronic notarial acts), GS 10B-134.17 (security measures by notary), GS 10B-134.19 (platform licensure by Secretary), GS 10B-134.21 (rules for electronic notarial acts), 10B-134.23 (standards for services for remote notaries), and GS 10B-134.25 (barring notaries that are not attorneys from practicing law in real estate transactions) to remove references to remote electronic notary, so that the statutes refer only to electronic notary or to remote electronic notarization performed by an electronic notary. 

Amends GS 10B-107 to increase the required course for notarial licensure from three to four hours. Specifies that a person must comply with course and other requirements before performing electronic or remote electronic notarial acts (currently, just refers to performing electronic notarial acts).  Expands the scope of the course content to also include remote electronic notarization (currently just specifies electronic notarization).   

Effective July 1, 2023, and applies to notarial acts performed on or after that date.