New Law Zooms into Action for Notaries

By Tony Cline

On July 8, Governor Roy Cooper signed HB 776 into law. This bill creates a new Remote Online Notarization procedure that go into effect on July 1, 2023. Unfortunately, the details of this procedure are still yet to be determined, but in the meantime, HB 776 also reinstated the previous Temporary Emergency Video Notarization (TEVN) authorization that was initially instituted during the COVID-19 pandemic to allow for remote, safe notarization procedures. This reinstatement is effective until June 30, 2023, when the new law kicks in.
​ 
The TEVN authorization allows notaries to remotely notarize several types of documents over videoconferencing platforms. The requirements for these video notarizations are:
​

1. Videoconference platforms. The videoconference must occur in real time and allow direct interaction between the notary and the signer. The video quality must be clear enough to allow the notary to clearly observe the face of each participant and the identification of the signing parties. The platform used must be selected by the notary and have the ability to record the video and screen shots. 
2. Physical presence. The notary and signer must be physically present in North Carolina at the time of notarization. The signer must tell the notary the county in which they are located during the video call.
3. Document. The signer must describe to the notary the document he or she is signing. Once the document has been signed, the signer must transmit an electronic (fax or email) copy to the notary for notarization. If the document requires an original “wet signature” (like a durable power of attorney), the signer must also mail the original document to the notary to be notarized and mailed back so that the notary notarizes the original document.
4. Not available for video notarization. Unfortunately, video notarization is not allowed for notarizing the signatures of witnesses to documents, including wills and other estate planning documents. 
5. Oaths. Oaths and affirmations may be given via videoconference.

While video notarizations are not available for most types of estate planning documents, this new law will allow Jesson & Rains to remotely notarize other types of legal documents.  Please do not hesitate to contact us with any questions and for legal assistance.