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S.L. 2005-391 Session Laws - 2005
1424
"§ 10B-54. Form of evidence of authority of electronic notarial act.
Electronic evidence of the authenticity of the official electronic signature and
electronic seal of an electronic notary of this State, if required, shall be attached to, or
logically associated with, a notarized electronic document transmitted to another state or
nation and shall be in the form of an electronic certificate of authority signed by the
Secretary in conformance with any current and pertinent international treaties,
agreements, and conventions subscribed to by the government of the United States.
"§ 10B-55. Certificate of authority for electronic notarial act.
(a) An electronic certificate of authority evidencing the authenticity of the
official electronic signature and electronic seal of an electronic notary of this State shall
contain substantially the following words:
Certificate of Authority for an Electronic Notarial Act
I, _________ (name, title, jurisdiction of commissioning official) certify that _______
(name of electronic notary), the person named as an electronic notary public in the
attached or associated document, was indeed registered as an electronic notary public
for the State of North Carolina and authorized to act as such at the time of the
document's electronic notarization.
To verify this Certificate of Authority for an Electronic Notarial Act, I have included
herewith my electronic signature this _____ day of _______, 20 ___.
(Electronic signature (and seal) of commissioning official)
(b) The Secretary may charge ten dollars ($10.00) for issuing an electronic
certificate of authority.
"Part 6. Enforcement.
"§ 10B-56. Restriction or revocation of registration.
The Secretary or the Secretary's designee shall have the authority to warn, restrict,
suspend, or revoke an electronic notary registration for a violation of this Chapter and
on any ground for which electronic notary registration may be denied under this
Chapter.
"§ 10B-57. Wrongful manufacture, distribution, or possession of software or
hardware.
(a) Any person who knowingly creates, manufactures, or distributes software for
the purpose of allowing a person to act as an electronic notary without being
commissioned and registered in accordance with this act shall be guilty of a Class G
felony.
(b) Any person who wrongfully obtains, conceals, damages, or destroys the
certificate, disk, coding, card, program, software, file, or hardware enabling an
electronic notary to affix an official electronic signature is guilty of a Class I felony."
SECTION 5. G.S. 66-271 reads as rewritten:
"§ 66-271. Definitions.
The following definitions apply in this Article:
…
(5) Notary public. – Defined in G.S. 10A-3.G.S. 10B-3.
…."
SECTION 6. G.S. 66-272 reads as rewritten:
"§ 66-272. Certificate of authentication.
To authenticate a document, the Secretary must compare the official's seal and
signature on the document with a specimen of the official's seal and signature on file in
Object Description
Description
| Title | Page 1487 |
| Full Text | S.L. 2005-391 Session Laws - 2005 1424 "§ 10B-54. Form of evidence of authority of electronic notarial act. Electronic evidence of the authenticity of the official electronic signature and electronic seal of an electronic notary of this State, if required, shall be attached to, or logically associated with, a notarized electronic document transmitted to another state or nation and shall be in the form of an electronic certificate of authority signed by the Secretary in conformance with any current and pertinent international treaties, agreements, and conventions subscribed to by the government of the United States. "§ 10B-55. Certificate of authority for electronic notarial act. (a) An electronic certificate of authority evidencing the authenticity of the official electronic signature and electronic seal of an electronic notary of this State shall contain substantially the following words: Certificate of Authority for an Electronic Notarial Act I, _________ (name, title, jurisdiction of commissioning official) certify that _______ (name of electronic notary), the person named as an electronic notary public in the attached or associated document, was indeed registered as an electronic notary public for the State of North Carolina and authorized to act as such at the time of the document's electronic notarization. To verify this Certificate of Authority for an Electronic Notarial Act, I have included herewith my electronic signature this _____ day of _______, 20 ___. (Electronic signature (and seal) of commissioning official) (b) The Secretary may charge ten dollars ($10.00) for issuing an electronic certificate of authority. "Part 6. Enforcement. "§ 10B-56. Restriction or revocation of registration. The Secretary or the Secretary's designee shall have the authority to warn, restrict, suspend, or revoke an electronic notary registration for a violation of this Chapter and on any ground for which electronic notary registration may be denied under this Chapter. "§ 10B-57. Wrongful manufacture, distribution, or possession of software or hardware. (a) Any person who knowingly creates, manufactures, or distributes software for the purpose of allowing a person to act as an electronic notary without being commissioned and registered in accordance with this act shall be guilty of a Class G felony. (b) Any person who wrongfully obtains, conceals, damages, or destroys the certificate, disk, coding, card, program, software, file, or hardware enabling an electronic notary to affix an official electronic signature is guilty of a Class I felony." SECTION 5. G.S. 66-271 reads as rewritten: "§ 66-271. Definitions. The following definitions apply in this Article: … (5) Notary public. – Defined in G.S. 10A-3.G.S. 10B-3. …." SECTION 6. G.S. 66-272 reads as rewritten: "§ 66-272. Certificate of authentication. To authenticate a document, the Secretary must compare the official's seal and signature on the document with a specimen of the official's seal and signature on file in |
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