At the onset of the pandemic, the North Carolina General Assembly passed a law allowing remote notarization and oaths by live video (e.g., Facetime, WebEx, Zoom). After several extensions, the law is set to expire at 12:01 a.m. on December 31, 2021.
The General Assembly has been considering House Bill 776, which would permanently allow remote electronic notarization. However, as of this writing, House Bill 776 has not passed. Therefore, the statutory authorization for remote notarization will expire on December 31, 2021.
If the authorization 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. There remains a chance that the emergency provision or permanent authorization will be revived once the legislature returns in January but we are unable to predict the outcome.
Brokers should be aware of this change when discussing and planning for transactions with customers and clients.