8.1 Electronic Notarization Overview

What Electronic Notarization Means in North Carolina

Electronic notarization is the act of notarizing a document that exists as an electronic file rather than paper, using an electronic signature and an electronic seal instead of ink and a rubber stamp. The legal definitions matter on the exam: an electronic signature is an electronic symbol or process attached to or logically associated with a record and executed with intent to sign, while an electronic seal is a digital image of the notary's information that conveys the same data as a physical stamp.

Neither is a scanned image of a handwritten signature alone; both are bound to the document through software that preserves their connection to the record. North Carolina authorizes two distinct digital paths, and the exam expects you to keep them separate. The first is in-person electronic notarization (IPEN), where the signer is physically in the room but the document, signature, and seal are all electronic. The second is Remote Online Notarization (RON), where the signer appears over two-way audio-video communication technology and is never physically present.

Both paths live in G.S. Chapter 10B: the Electronic Notary Act in Article 2 and the Remote Electronic Notarization Act in Article 3. A critical trap: being a commissioned paper notary does not automatically authorize you to perform either. Each digital authorization is a separate registration layered on top of your existing commission.

Three Forms Compared

Legislative Timeline (Memorize the Dates)

A common exam distractor blurs these dates. The permanent law dates to 2023, but actual remote sessions could not begin until the Secretary of State stood up the licensing rules, which is why March 1, 2025 and July 1, 2025 matter. If a question asks when the RON framework became permanent, the answer is July 1, 2023; if it asks when platforms had to be state-licensed, the answer is July 1, 2025.

Why Fees and Costs Rise

The maximum fee a notary may charge climbs with the technology and the compliance burden. RON also carries a hidden cost layer: the platform provider pays a $5,000 annual license to the Secretary of State and remits a $5 surcharge per remote notarial act to the state. You, the notary, may charge up to $25 per principal signature for RON. Charging more than these statutory maximums is a violation that can support disciplinary action. These are ceilings, not mandatory charges; you may charge less or waive the fee entirely, but you may never exceed the cap.

When a document bears multiple principal signatures, the cap applies per signature, so a deed signed by a married couple may lawfully generate two RON fees of $25 each.

In-Person Electronic vs. RON: Why the Distinction Matters

The most common conceptual error on this exam is treating "electronic" and "remote" as synonyms. They are not. In-person electronic notarization still requires the signer to be in the same physical space as the notary — only the medium of the document and signature is digital. RON removes physical presence entirely and substitutes audio-video appearance. Because RON eliminates the in-person safeguard, the law layers on extra protections: mandatory session recording, geolocation of the signer, credential analysis, knowledge-based authentication, and state-licensed platforms.

In-person electronic notarization, by contrast, needs none of those because the notary is looking at the signer directly. Keep this mental model: more distance from the signer means more compliance machinery.

The Secretary of State's Role

The NC Secretary of State, Notary Public Section is the single regulator for all three forms. It commissions notaries, approves electronic and RON registrations, licenses RON platform providers, collects the $5 per-act surcharge, and investigates complaints. There is no separate county-level or federal electronic-notary authority — a fact that defeats distractors referencing "federal electronic notarization" or county registration. The Secretary of State also publishes the administrative rules (the Phase Three rules effective July 1, 2025) that flesh out the statutes in G.S. Chapter 10B.

Exam Focus

• Two digital types only: in-person electronic and RON — not "state vs. federal" or "temporary vs. permanent."
• Permanent RON law effective July 1, 2023; live sessions began March 1, 2025.
• Fee ladder: $10 / $15 / $25.
• A paper commission alone authorizes neither digital path; each needs separate registration and a $50 fee.