RISK MANAGEMENT ALERT | December 2021
** North Carolina Notaries **

Special Update On The Emergency Video Notarization Law By The NC Secretary of State

We understand there may be questions and confusion about the status of the Emergency Video Notarization law on December 31, 2021 and after.  

This is to alert you that, despite the vigorous efforts of the Secretary of State’s Office and others to obtain a timely extension, it appears the Emergency Video Notarization law will expire on December 31, 2021 unless the General Assembly takes further action. However, there appears to be legislative support for reinstating the Emergency Video Notarization law when the General Assembly returns in January. 

Right now, you should be preparing for a sunset of the Emergency Video Notarization (EVN) law—at least for a short time—similar to what happened in March this year when EVN expired for about 12 days. It is still possible this act will be extended by December 31st, however that presently appears unlikely. 

If it is not extended beyond 12:01 a.m. on December 31, 2021, then ALL notarial acts, traditional and electronic, will revert to the original law requiring in-person, physical presence by the principal or principals. 

In addition, the General Assembly has been considering enacting a more permanent remote notarization law, however, those proposals remain in a conference committee. We do believe the General Assembly has an intention to adopt a permanent solution, but we are unable to forecast when it may act.

We will keep you updated on the status of these provisions when more information is available. In the meantime, keep visiting our website for more information.

As always, if you are unsure of anything as we try and navigate through this together, please reach out to the Department at notary@sosnc.gov. We are always happy to help.