§ 10B-126. Security measures.

NORTH CAROLINA STATUTES AND CODES

§ 10B‑126. Securitymeasures.

(a) A notary shallsafeguard the notary's electronic signature, the notary's electronic seal, andall other notarial records. Notarial records shall be maintained by the notary,and the notary shall not surrender or destroy the records except as required bya court order or as allowed under rules adopted by the Secretary.

(b) When not in use,the notary shall keep the notary's electronic signature, electronic seal, andall other notarial records secure, under the exclusive control of the notary,and shall not allow them to be used by any other notary or any other person.

(c) A notary shall dothe following within 10 days of discovering that the notary's electronic sealor electronic signature has been stolen, lost, damaged, or otherwise renderedincapable of affixing a legible image:

(1) Inform theappropriate law enforcement agency in the case of theft or vandalism.

(2) Notify theappropriate register of deeds and the Secretary in writing and signed in theofficial name in which he or she was commissioned.

(d) The Secretary mayadopt rules necessary to insure the integrity, security, and authenticity ofelectronic notarizations.

(e) The Secretary mayrequire an electronic notary to create and to maintain a record, journal, or entryof each electronic notarial act. The rule‑making authority contained inthis subsection shall become effective 18 months after December 1, 2005.

(f) The failure of anelectronic notary to produce within 10 days of the Department's request anyrecord required by a rule adopted under this section shall result in thesuspension of the electronic notary's power to act as a notary under theprovision of this Chapter until the Secretary reinstates the notary'scommission.

(g) Upon resignation,revocation, or expiration of an electronic notary commission, or death of thenotary, all notarial records required by statute or rule shall be delivered tothe Secretary. (2005‑391,s. 4.)