Video Notary and Witnessing Is Now Law!

When considering the emergency law that Governor Cooper just signed Monday, most North Carolinians are excited about the $1.6 billion relief package that will go to heath, education, and small businesses.

However, attorneys (and their clients) are the most excited about video witnessing and notarization! To deal with COVID-19 and social distancing concerns, documents can now be notarized and witnessed through video conferencing software like “Zoom” and “GoToMeeting.”

Unfortunately, the emergency law did not do away with the requirement that some documents be an “original” (with a “wet” signature), so the procedure for will signings is a little clunky, requiring multiple originals to be mailed back and forth. Here’s a breakdown of the new law as it pertains to video notary and witnessing:

• The notary, principal, and witnesses must all be located in NC at the time of the signing.
• During this state of emergency, health care powers of attorneys and advanced directives do not have to be witnessed (but they must be notarized).
• If the notary doesn’t have personal knowledge of the principal or witness, an ID containing specific information must be shown to the notary via video.
• The technology must occur in real-time, so that the parties can see and hear one another. The interaction must be capable of being recorded, although recording is not required.
• The principal and witness must verbally state what document is being signed for the record.
• The notary must keep detailed records in his/her journal. Normally, it is a suggestion but not a requirement.
• The same day the documents are signed, they must be emailed or faxed to the notary. The signors must also mail the original(s) to the notary, but that can be at a later date. Upon receiving the original(s), the notary shall notarize the document(s) using the date the principal signed. For documents that require witnesses (wills), it is okay if the witnesses and principal sign three different pages unless the document states otherwise. The notary will then ship the original back to the principal.
• The law expires August 1, 2020.

The witnesses’ and notary’s acknowledgements must contain special language in light of the emergency law, so do not try this yourself at home! If you need assistance, give Jesson & Rains a call.