At the onset of the pandemic, North Carolina passed a law allowing remote notarization and oaths by live video (e.g., Facetime, WebEx, Zoom). With a built-in sunset of August 1, 2020, the authorization for remote notarizations and oaths was expected to be temporary and short-lived.
Due to the persistence of the virus, on July 1, 2020, NC legislators extended this sunset for another seven months – until March 1, 2021. (See Session Law 2020-74, p. 20). Thus, the personal appearance requirement for notarizations (including electronic notarizations) and oaths in NC can continue to be satisfied by two-way live video until March 1, 2021.
Continue to Proceed With Caution
The detailed requirements for video notarization and oaths, discussed in our previous alert, remain unchanged. These requirements are neither foolproof nor fraud-proof. Businesses and their notaries must be cautious and follow the rules to the letter. Care, not convenience, should be your guide.
Helpful Tips
Drawing on our experience in remote notarizations in several transactions, we offer a few pointers:
- Build in extra time. In a closing, for example, the document must travel from the signatory to the notary, and then from the notary to the title company, law firm or other final destination. This all takes time.
- PDF every step. Scan the executed document at each stage of the signing and notarization process prior to mailing the fully executed document.
- Prepaid FedEx/UPS Labels. When sending to the signatory, always include a prepaid FedEx or UPS label or envelope.
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