Understanding Emergency Video Notarization (EVN) in North Carolina

The Evolution of Remote Notarization

Before the COVID-19 pandemic, remote online notarization (RON) was only permitted in 21 states. In response to the pandemic, many states, including North Carolina, implemented temporary measures to allow notarizations to occur via video. These emergency measures were crucial in maintaining the notarization process during lockdowns and social distancing mandates. North Carolina's initial EVN law expired on December 31, 2021, but due to ongoing demand, House Bill 776 re-enacted EVN on July 8, 2022. Furthermore, Senate Bill 552 extended EVN until June 30, 2024.

What is Emergency Video Notarization (EVN)?

EVN enables the notarization of documents through video conferencing technology. This method ensures that the signer and the notary do not need to be in the same physical location. However, both parties must be physically present in North Carolina during the notarization process. Here's how it works:

1. Video Conference Setup: The signer and the notary connect via a video conferencing platform.

2. Identity Verification: If the signer is not personally known to the notary, they must present a North Carolina driver's license or state ID to the camera for verification.

3. Document Signing:

   • Non-Wet-Ink Notarizations: The signer sends a signed electronic copy of the document to the notary on the day of the video conference. The notary then notarizes the electronic document and returns it to the signer electronically.

   • Wet-Ink Notarizations: The signer sends the signed document electronically on the day of the video conference and subsequently delivers the original physical document to the notary. The notary compares the electronic and original copies, notarizes the original, and dates it as of the video conference date.

Key Features of EVN

• Journal Maintenance: Notaries must maintain a journal of all public acts conducted under EVN.

• Seal Management: Upon the expiration of a notary commission, the notary must return their seal to the Secretary of State within 45 days.

• Competency Checks: Notaries are required to refuse notarization if the signer appears legally incompetent or unable to understand the notarial act.

• Vendor Verification: Vendors providing notary seals must verify the notary's commission status, following the rules set by the Secretary of State.

Differences Between EVN and RON

It's important to distinguish between EVN and RON. EVN involves the notarization of documents signed with a live (wet) signature, witnessed via video conference. RON, on the other hand, pertains to the notarization of electronically signed documents without the need for physical presence. RON employs technology to prevent document manipulation and to verify identities through government-issued IDs and online questionnaires. In North Carolina, RON requires the Secretary of State to establish rules and procedures, which include approved technologies for electronic execution and identity verification. These rules are expected to be in place by June 30, 2024.

Limitations of EVN and RON

While EVN and RON provide flexibility, certain limitations exist. For example, estate planning documents such as wills and trusts cannot be executed electronically in North Carolina, thus cannot utilize RON. Only documents eligible for electronic execution, such as contracts and deeds, can be notarized using RON.

Conclusion

Emergency Video Notarization (EVN) was an essential service, offering a convenient and safe alternative to traditional notarization methods. However, as of June 30, 2024, EVN has expired. Until new legislation pertaining to EVN or RON is enacted, all notarizations in North Carolina must be conducted in person.

At Cape Fear Notary Services, we remain committed to providing clear and comprehensive information to help our clients navigate notarization processes confidently. If you have any questions or need further assistance, please do not hesitate to contact us.

For more detailed information on our services, visit capefearnotaryservices.com/the-classy-choice-for-loan-signings or reach out to our team directly. Stay informed and ensure your documents are notarized efficiently and securely with Cape Fear Notary Services.