North Carolina 2021-2022 Session Status: In Committee 3 R cosponsors

SB 680 — Remote Notarization Act.

Last action — Passed 1st Reading

Track this bill free

No card. One bill, free forever — alerts when it moves.

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021-2022 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

48 added · 49 removed

Plain-language change summary

The recent changes to Senate Bill 680 involve clarifications about the processes remote online notaries must follow. Specifically, the language now specifies requirements for notaries regarding identity verification and their responsibilities when conducting notarial acts online. This matters because it helps ensure that the integrity of remote online notarization is maintained, which is crucial for legal documents being executed safely and securely, especially in a digital landscape.

→
Previous
Latest
FILED SENATE GENERAL ASSEMBLY OF NORTH CAROLINA Apr 7, 2021 S.B.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2021 S 1 SENATE BILL 680 Short Title:
680 SESSION 2021 PRINCIPAL CLERK S D SENATE BILL DRS55041-MM-19I Short Title:
A BILL TO BE ENTITLED AN ACT TO ALLOW REMOTE ONLINE NOTARIZATION.
Rules and Operations of the Senate April 8, 2021 A BILL TO BE ENTITLED AN ACT TO ALLOW REMOTE ONLINE NOTARIZATION.
– The portion of a notarized electronic document that is completed by the remote online notary and contains all of the following:
– The portion of a notarized electronic document that is completed bythe remote online notary and contains all of the following:
*DRS55041-MM-19I* General Assembly Of North Carolina Session 2021 c.
*S680-v-1* General Assembly Of North Carolina Session 2021 c.
– Transmission to the remote online notary through communication technology of an image of a government-issued identification credential that is of sufficient quality to enable the remote online notary to identify the individual seeking the remote online notary public's services and perform credential analysis.
– Transmission to the remote online notary through communication technologyof an image of a government-issued identification credential that is of sufficient quality to enable the remote online notary to identify the individual seeking the remote online notary public's services and perform credential analysis.
Page 2 DRS55041-MM-19I General Assembly Of North Carolina Session 2021 (1) The registrant's full legal name and the name to be used for commissioning, excluding nicknames.
Page 2 Senate Bill 680-First Edition General Assembly Of North Carolina Session 2021 (1) The registrant's full legal name and the name to be used for commissioning, excluding nicknames.
(a) Before performing remote online notarial acts, the notary shall take a course of instructionofatleasttwo hoursapprovedbytheSecretaryandpass anexaminationofthiscourse.
(a) Before performing remote online notarial acts, the notary shall take a course of instructionofatleasttwo hoursapprovedbytheSecretaryandpass an examinationofthiscourse.
Any person may use the database to verify the authority of a notary to perform remote online notarial acts.
Any person may use the database to verify the authority of a notaryto perform remote online notarial acts.
The database shall indicate whether a notary public has notified the commissioning officer or agency that the notary public will be performing notarial acts on electronic documents.
The database shall indicate whether a notarypublic has notified the commissioning officer or agency that the notary public will be performing notarial acts on electronic documents.
and DRS55041-MM-19I Page 3 General Assembly Of North Carolina Session 2021 (2) An electronically signed notice is sent to the Secretary that shall include the starting and expiration dates of any new registration term.
and Senate Bill 680-First Edition Page 3 General Assembly Of North Carolina Session 2021 (2) An electronically signed notice is sent to the Secretary that shall include the starting and expiration dates of any new registration term.
(3) A health care power of attorney executed pursuant to Article 3 of Chapter 32A of the General Statutes.
(3) A health care power of attorneyexecuted pursuant to Article 3 of Chapter 32A of the General Statutes.
(d) Upon registration with the Secretary under this Article, a remote online notary may performany ofthenotarial acts listedin subsection(a)ofthis section as an electronicnotarization under Article 2 of this Chapter.
(d) Upon registration with the Secretary under this Article, a remote online notary may performanyofthenotarial acts listedin subsection(a)ofthis sectionas an electronicnotarization under Article 2 of this Chapter.
A remote online notary who has personal knowledge of aprincipal may rely onthecommunicationtechnology to verify theprincipal's identity unless the remote online notary, in the remote online notary's sole discretion, requires satisfactory evidence.
A remote online notary who has personal knowledge of aprincipal mayrelyonthecommunicationtechnologyto verifytheprincipal's identity unless the remote online notary, in the remote online notary's sole discretion, requires satisfactory evidence.
Page 4 DRS55041-MM-19I General Assembly Of North Carolina Session 2021 (3) Includes audio with sound clear enough that each participant in the remote online notarial act can hear and understand all other participants.
Page 4 Senate Bill 680-First Edition General Assembly Of North Carolina Session 2021 (3) Includes audio with sound clear enough that each participant in the remote online notarial act can hear and understand all other participants.
(1) The principal shall verbally verify that he or she is physically present in North Carolina at the time of the notarial act and also identify the county where he or she is located at the time of the notarial act.
(1) The principal shall verballyverifythat he or she is physically present in North Carolina at the time of the notarial act and also identify the county where he or she is located at the time of the notarial act.
(2) Theremote online notary shall inform theparticipants whetherNorthCarolina law requires that a communication technology recording be made of the remote online notarization.
(2) Theremote onlinenotaryshall inform theparticipants whetherNorthCarolina law requires that a communication technology recording be made of the remote online notarization.
10B-221, aremoteonline notaryshall refuse to perform a remote online notarial act if any of the following apply:
10B-221,aremoteonline notaryshall refuse to perform a remote online notarial act if any of the following apply:
DRS55041-MM-19I Page 5 General Assembly Of North Carolina Session 2021 (4) The electronic signature of the principal cannot be attached to the electronic document for signature.
Senate Bill 680-First Edition Page 5 General Assembly Of North Carolina Session 2021 (4) The electronic signature of the principal cannot be attached to the electronic document for signature.
(e) Anyfailureof the remote onlinenotaryto comply with therequirements oftheremote online notarization does not invalidate the notarial act or the electronic record that was notarized, but it does not prevent an aggrieved person from seeking to invalidate the record.
(e) Anyfailureof the remote onlinenotaryto complywith therequirements oftheremote online notarization does not invalidate the notarial act or the electronic record that was notarized, but it does not prevent an aggrieved person from seeking to invalidate the record.
(d) A remote online notarial act performed under this Article using identity proofing and credential analysis shall comply with this section unless modified by the Secretary.
(d) A remote online notarial act performed under this Article using identity proofing and credential analysis shall complywith this section unless modified bythe Secretary.
Anotary may obtain satisfactory evidence of the identity of the remotely located individual by using identity Page 6 DRS55041-MM-19I General Assembly Of North Carolina Session 2021 proofing and credential analysis which are generally accepted in the industry in which the document is to be utilized.
Anotarymay obtain satisfactory evidence of the identity of the remotely located individual by using identity Page 6 Senate Bill 680-First Edition General Assembly Of North Carolina Session 2021 proofing and credential analysis which are generally accepted in the industry in which the document is to be utilized.
(1) Identity proofing may include a knowledge-based authentication with these or greater security characteristics:
(1) Identityproofingmayinclude a knowledge-based authentication with these or greater security characteristics:
Each question must be drawn from a third-party provider of public and proprietary data sources and be identifiable to the signer's social security number or other identification information, or the signer's identity and historical events records.
Each question must be drawn from a third-partyprovider of public and proprietary data sources and be identifiable to the signer's social security number or other identification information, or the signer's identity and historical events records.
The signer may be offered an additional attempt in the event of a failed first attempt.
The signer maybe offered an additional attempt in the event of a failed first attempt.
When using an electronic notarization as well as conducting a remote online notarization, the remote online notary shall comply with the requirements of Articles 1 and 2 of this Chapter.
When using an electronic notarization as well as conducting a remote online notarization, the remote online notaryshall complywith the requirements of Articles 1 and 2 of this Chapter.
(a) Forperformingnotarialacts,themaximumfeesthatmaybechargedbya notary are as follows:
(a) Forperformingnotarial acts,themaximumfeesthatmaybechargedbya notary are as follows:
DRS55041-MM-19I Page 7 General Assembly Of North Carolina Session 2021 (3) For verifications or proofs, up to fifty dollars ($50.00) per signature.
Senate Bill 680-First Edition Page 7 General Assembly Of North Carolina Session 2021 (3) For verifications or proofs, up to fifty dollars ($50.00) per signature.
(1) The time of day when the remote online notary observed the signing of the document by eachprincipal andwas presentedwith theprincipal's satisfactory evidence of identification.
(1) The time of day when the remote online notary observed the signing of the document byeachprincipal andwas presentedwith theprincipal's satisfactory evidence of identification.
Page 8 DRS55041-MM-19I General Assembly Of North Carolina Session 2021 (g) Upon the death or adjudication of incompetency of a current or former remote online notary, the notary's personal representative or guardian, or any other person or custodian knowingly in possession of the electronic journal shall transmit it to the Secretary or otherwise as directed by rules adopted by the Secretary.
Page 8 Senate Bill 680-First Edition General Assembly Of North Carolina Session 2021 (g) Upon the death or adjudication of incompetency of a current or former remote online notary, the notary's personal representative or guardian, or any other person or custodian knowingly in possession of the electronic journal shall transmit it to the Secretary or otherwise as directed by rules adopted by the Secretary.
(1) All records of journal entries and communication technology recordings shall be securely stored in a repository under the control of the online remote notary or with a custodian duly appointed under the terms of this Article.
(1) All records of journal entries and communication technology recordings shall be securelystored in a repositoryunder the control of the online remote notary or with a custodian duly appointed under the terms of this Article.
The custodian may be a third-party vendor approved by the Secretary for handling, securely storing, or handling and securely storing the records of remote online notarizations with data protection safeguards consistent with generally accepted information security standards.
The custodian maybe a third-partyvendor approved bythe Secretaryfor handling, securelystoring, or handling and securelystoring the records of remote online notarizations with data protection safeguards consistent with generally accepted information security standards.
(2) Take reasonable steps to ensure that the audio-video communications are secure from interception from an unauthorized third party during transmission between participants involved in a notarial act.
(2) Take reasonable steps to ensure that the audio-video communications are secure from interception from an unauthorized third partyduring transmission between participants involved in a notarial act.
(c) Except as provided in subsection (b) of this section, the notary shall not surrender or destroy the electronic journal or the communication technology recordings of notarial acts except as required by a court order or as allowed under rules adopted by the Secretary.
(c) Except as provided in subsection (b) of this section, the notary shall not surrender or destroythe electronic journal or the communication technologyrecordings of notarial acts except as required by a court order or as allowed under rules adopted by the Secretary.
(a) The Secretary may establish guidelines for the secure storage of the electronic journal and communication technology recording associated with the notarial acts that utilizes standard encryption technologies such as Advanced Encryption Standard (AES) or Rivest-Shamir-Adleman (RSA) encryption.
(a) The Secretarymayestablish guidelines for the secure storage of the electronic journal and communication technology recording associated with the notarial acts that utilizes standard encryption technologies such as Advanced Encryption Standard (AES) or Rivest-Shamir-Adleman (RSA) encryption.
DRS55041-MM-19I Page 9 General Assembly Of North Carolina Session 2021 (b) The Secretary may establish, supplement, or amend third-party service guidelines for standards and processes for identity proofing and credential analysis services so that third-party vendors interacting with remote online notaries satisfy the security qualifications of establishing the identity of the principal.
Senate Bill 680-First Edition Page 9 General Assembly Of North Carolina Session 2021 (b) The Secretary may establish, supplement, or amend third-party service guidelines for standards and processes for identity proofing and credential analysis services so that third-party vendors interacting with remote online notaries satisfy the security qualifications of establishing the identity of the principal.
The Secretary may require that the communication technology used to perform online notarial acts is capable of all of the following:
The Secretary may require that the communication technologyused to perform online notarial acts is capable of all of the following:
(2) Any communicationtechnology recordingoftheaudio-videocommunication.
(2) Anycommunicationtechnologyrecordingoftheaudio-video communication.
If the Secretary hasestablishedstandardsunderthisArticleforapprovalofcommunicationtechnologyoridentity Page 10 DRS55041-MM-19I General Assembly Of North Carolina Session 2021 proofing, the communication technology and identity proofing selected by the notary must conform to the standards.
If the Secretary hasestablishedstandardsunderthisArticleforapprovalofcommunicationtechnologyoridentity Page 10 Senate Bill 680-First Edition General Assembly Of North Carolina Session 2021 proofing, the communication technology and identity proofing selected by the notary must conform to the standards.
This may be accomplished when and if the Secretary chooses to create an Advisory Committee, consisting of stakeholders from different sectors whomaybetechnology providers,insuranceagents, lenders,andother industries who are considered consumers of notarial services.
This may be accomplished when and if the Secretary chooses to create an Advisory Committee, consisting of stakeholders from different sectors whomaybetechnologyproviders,insuranceagents, lenders,andother industries who are considered consumers of notarial services.
Show all 45 changed rows (5 more)
Previous
Latest
(a) A paper or tangible copy of an electronic document that a notary public has certified to be a true and correct copy under subsection (b) of this section satisfies any requirement of law DRS55041-MM-19I Page 11 General Assembly Of North Carolina Session 2021 that, as a condition for recording, the document must comply with all of the following requirements:
(a) A paper or tangible copy of an electronic document that a notary public has certified to be a true and correct copy under subsection (b) of this section satisfies any requirement of law Senate Bill 680-First Edition Page 11 General Assembly Of North Carolina Session 2021 that, as a condition for recording, the document must comply with all of the following requirements:
(b) A notary public commissioned under the laws of this State may certify that a paper or tangible copy of an electronic document is a true and correct copy of the electronic document provided the notary public has reasonably confirmed that the electronic document is in a tamper-evident format and the notary:
(b) A notary public commissioned under the laws of this State maycertify that a paper or tangible copy of an electronic document is a true and correct copy of the electronic document provided the notary public has reasonably confirmed that the electronic document is in a tamper-evident format and the notary:
Page 12 DRS55041-MM-19I General Assembly Of North Carolina Session 2021 (f) A document purporting to convey or encumber real property or any interest therein that has been recorded by the register of deeds for the jurisdiction in which the real property is located, although the document may not have been certified in accordance with the provisions of this section, shall impart the same notice to third persons and be effective, from the time of recording, as if the document had been certified in accordance with the provisions of this section.
Page 12 Senate Bill 680-First Edition General Assembly Of North Carolina Session 2021 (f) A document purporting to convey or encumber real property or any interest therein that has been recorded by the register of deeds for the jurisdiction in which the real property is located, although the document may not have been certified in accordance with the provisions of this section, shall impart the same notice to third persons and be effective, from the time of recording, as if the document had been certified in accordance with the provisions of this section.
(2) For oaths or affirmations without a signature, five dollars ($5.00) up to ten dollars ($10.00) per person, except for an oath or affirmation administered to DRS55041-MM-19I Page 13 General Assembly Of North Carolina Session 2021 a credible witness to vouch for the identity of a principal or subscribing witness." SECTION 4.
(2) For oaths or affirmations without a signature, five dollars ($5.00) up to ten dollars ($10.00) per person, except for an oath or affirmation administered to Senate Bill 680-First Edition Page 13 General Assembly Of North Carolina Session 2021 a credible witness to vouch for the identity of a principal or subscribing witness." SECTION 4.
Page 14 DRS55041-MM-19I
Page 14 Senate Bill 680-First Edition
⬇ Download PDF
View plain text versions (2)

How this bill changes current law

8 changes Share ↗

Compared against the N.C. General Statutes as published AI-generated reading aid — verify against the official bill.

The bill establishes a framework for remote online notarization under Chapter 10B of the North Carolina General Statutes.

  • Chapter 10B

    This Article is the "Remote Online Notarization Act" and may be cited by that name.

    Introduces a new title for the provisions related to remote online notarization.

  • Chapter 10B

    § 10B-206. Definitions. The following definitions apply in this Article: ...

    Defines terms specific to remote online notarization, including 'communication technology' and 'remote online notary public.'

  • Chapter 10B

    § 10B-207. Scope of Article. Articles 1 and 2 of this Chapter apply to all acts authorized under this Article unless...

    Clarifies that existing Articles apply unless they conflict with the new provisions.

  • Chapter 10B

    § 10B-210. Qualifications. A person qualified for a remote online notary registration shall meet all...

    Establishes requirements for registering as a remote online notary, including prior notary commission and completion of a course.

  • Chapter 10B

    § 10B-212. Course of instruction. (a) Before performing remote online notarial acts, the notary shall take...

    Sets a new requirement for notaries to undergo a two-hour course specific to remote online notarization.

  • Chapter 10B

    § 10B-213. Fees for registration. The fee payable to the Secretary for registering or reregistering as a remote online notary is ten dollars ($10.00)...

    Introduces a fee for registering as a remote online notary in addition to existing fees.

  • Chapter 10B

    § 10B-220. Types of remote online notarial acts. (a) Except as provided in subsection (b) of this section, the following types of notarial acts may be performed by means of communication technology...

    Lists the specific types of notarial acts that can be performed remotely.

  • Chapter 10B

    § 10B-221. Prohibitions. A remote online notarization shall not be performed if the principal...

    Defines conditions under which remote online notarizations cannot be performed, ensuring identification and verification.

Action History

  1. Passed 1st Reading

  2. Ref To Com On Rules and Operations of the Senate

  3. Filed

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

2 sponsors · 1 co-sponsors · 176 not signed on · 14 voted No

Sponsors (2)

Co-sponsors (1)

Not signed on (176)

176 members have not signed on to this bill.

Show all 176 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Amendment 1

Passed 50 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 16000
Unaffiliated 8000
Republican 26000
Total 50000
% of votes cast 100%0%0%0%
How each member voted (50)
Member Party Vote
Bode — Yea
Hunt — Yea
Marcus — Yea
Woodard — Yea
Krawiec — Yea
Perry — Yea
Proctor — Yea
P. Newton — Yea
Dan Blue Democratic Yea
DeAndrea Salvador Democratic Yea
Gale Adcock Democratic Yea
Gladys A. Robinson Democratic Yea
Graig Meyer Democratic Yea
Jay J. Chaudhuri Democratic Yea
Joyce Waddell Democratic Yea
Julie Mayfield Democratic Yea
Kandie D. Smith Democratic Yea
Lisa Grafstein Democratic Yea
Michael Garrett Democratic Yea
Mujtaba A. Mohammed Democratic Yea
Natalie S. Murdock Democratic Yea
Paul A. Lowe, Jr. Democratic Yea
Sydney Batch Democratic Yea
Val Applewhite Democratic Yea
Amy S. Galey Republican Yea
Benton G. Sawrey Republican Yea
Bill Rabon Republican Yea
Bobby Hanig Republican Yea
Brad Overcash Republican Yea
Brent Jackson Republican Yea
Carl Ford Republican Yea
Danny Earl Britt, Jr. Republican Yea
David W. Craven, Jr. Republican Yea
Eddie D. Settle Republican Yea
Jake Johnson Republican Yea
Jim Burgin Republican Yea
Kevin Corbin Republican Yea
Lisa S. Barnes Republican Yea
Michael A. Lazzara Republican Yea
Michael V. Lee Republican Yea
Norman W. Sanderson Republican Yea
Paul Newton Republican Yea
Phil Berger Republican Yea
Ralph Hise Republican Yea
Steve Jarvis Republican Yea
Timothy D. Moffitt Republican Yea
Tom McInnis Republican Yea
Vickie Sawyer Republican Yea
W. Ted Alexander Republican Yea
Warren Daniel Republican Yea

Official roll call →

Second Reading

Passed 32 Yea · 18 Nay
Party YeaNayPresentNot Voting
Democratic 21400
Republican 26000
Unaffiliated 4400
Total 321800
% of votes cast 64%36%0%0%
How each member voted (50)
Member Party Vote
Krawiec — Yea
Perry — Yea
Proctor — Yea
Bode — Nay
Hunt — Nay
Marcus — Nay
Woodard — Nay
P. Newton — Yea
Dan Blue Democratic Nay
DeAndrea Salvador Democratic Nay
Gale Adcock Democratic Nay
Gladys A. Robinson Democratic Yea
Graig Meyer Democratic Nay
Jay J. Chaudhuri Democratic Nay
Joyce Waddell Democratic Nay
Julie Mayfield Democratic Nay
Kandie D. Smith Democratic Nay
Lisa Grafstein Democratic Nay
Michael Garrett Democratic Yea
Mujtaba A. Mohammed Democratic Nay
Natalie S. Murdock Democratic Nay
Paul A. Lowe, Jr. Democratic Nay
Sydney Batch Democratic Nay
Val Applewhite Democratic Nay
Amy S. Galey Republican Yea
Benton G. Sawrey Republican Yea
Bill Rabon Republican Yea
Bobby Hanig Republican Yea
Brad Overcash Republican Yea
Brent Jackson Republican Yea
Carl Ford Republican Yea
Danny Earl Britt, Jr. Republican Yea
David W. Craven, Jr. Republican Yea
Eddie D. Settle Republican Yea
Jake Johnson Republican Yea
Jim Burgin Republican Yea
Kevin Corbin Republican Yea
Lisa S. Barnes Republican Yea
Michael A. Lazzara Republican Yea
Michael V. Lee Republican Yea
Norman W. Sanderson Republican Yea
Paul Newton Republican Yea
Phil Berger Republican Yea
Ralph Hise Republican Yea
Steve Jarvis Republican Yea
Timothy D. Moffitt Republican Yea
Tom McInnis Republican Yea
Vickie Sawyer Republican Yea
W. Ted Alexander Republican Yea
Warren Daniel Republican Yea

Official roll call →

Subjects

public-safety technology
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 680?
SB 680 is sponsored by Danny Earl Britt, Jr. (Republican), Warren Daniel (Republican), and Tom McInnis (Republican).
What is the current status of SB 680?
This bill died with 2021-2022 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 680?
Track SB 680 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on SB 680

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of SB 680

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →