reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 10B - Notaries › Article 2 - Electronic Notary Act. › § 10B-107 - (Effective until July 1, 2024) Course of instruction.

§ 10B-107. (Effective until July 1, 2024) Course of instruction.
(a) Before performing electronic notarial acts, a notary shall take a course of instruction of least three hours approved by the Secretary and pass an examination of this course, which shall be in addition to the educational requirements provided in Article 1 of this Chapter.
(b) The content of the course and the basis for the examination shall be notarial laws, procedures, technology, and ethics as they pertain to electronic notarization. (2005-391, s. 4.)
§ 10B-107. (Effective July 1, 2024) Course of instruction.
(a) Before performing electronic or remote electronic notarial acts, a notary shall take a course of instruction of least four hours approved by the Secretary and pass an examination of this course, which shall be in addition to the educational requirements provided in Article 1 of this Chapter.
(b) The content of the course and the basis for the examination shall be notarial laws, procedures, technology, and ethics as pertaining to electronic notarization and remote electronic notarization. (2005-391, s. 4; 2023-57, s. 7(e).)
2023 North Carolina General Statutes › Chapter 10B - Notaries › Article 2 - Electronic Notary Act. › § 10B-108 - Fees for registration.

§ 10B-108. Fees for registration.
The fee payable to the Secretary for registering or reregistering as an electronic notary is fifty dollars ($50.00), which shall be in addition to the fee required in G.S. 10B-13. All funds received by the Secretary under this section shall be deposited into the General Fund. (2005-391, s. 4.)
2023 North Carolina General Statutes › Chapter 10B - Notaries › Article 2 - Electronic Notary Act. › § 10B-115 - Types of electronic notarial acts.

§ 10B-115. Types of electronic notarial acts.
The following types of notarial acts may be performed electronically:
(1) Acknowledgments;
(2) Jurats;
(3) Verifications or proofs; and
(4) Oaths or affirmations. (2005-391, s. 4.)
2023 North Carolina General Statutes › Chapter 10B - Notaries › Article 2 - Electronic Notary Act. › § 10B-116 - Prohibitions.

§ 10B-116. Prohibitions.
An electronic notarization shall not be performed if the signer of the electronic document:
(1) Is not in the presence of the electronic notary at the time of notarization; and
(2) Is not personally known to the notary or identified by the evidence in accordance with other provisions of this Chapter; or
(3) For any reason set forth in G.S. 10B-20. (2005-391, s. 4.)
2023 North Carolina General Statutes › Chapter 10B - Notaries › Article 2 - Electronic Notary Act. › § 10B-117 - (Effective until July 1, 2024) Notarial components of electronic document.

§ 10B-117. (Effective until July 1, 2024) Notarial components of electronic document.
In performing an electronic notarial act, all of the following components shall be attached to, or logically associated with, the electronic document by the electronic notary, all of which shall be immediately perceptible and reproducible in the electronic record to which the notary's electronic signature is attached:
(1) The notary's name, state, and county of commissioning exactly as stated on the commission issued by the Secretary;
(2) The words "Electronic Notary Public";
(3) The words "State of North Carolina";
(4) The expiration date of the commission;
(5) The notary's electronic signature; and
(6) The completed wording of one of the following notarial certificates:
a. Acknowledgment;
b. Jurat;
c. Verification or proof; or
d. Oath or affirmation. (2005-391, s. 4.)
§ 10B-117. (Effective July 1, 2024) Notarial components of electronic document.
In performing an electronic or remote electronic notarial act, all of the following components shall be attached to, or logically associated with, the electronic document by the electronic notary, all of which shall be immediately perceptible and reproducible in the electronic record to which the notary's electronic signature is attached:
(1) The notary's name, state, and county of commissioning exactly as stated on the commission issued by the Secretary.
(2) The words "Electronic Notary Public" or Electronic Notary Public Utilizing Communication Technology.
(3) The words State of North Carolina.
(4) The expiration date of the commission.
(5) The notary's electronic signature.
(6) The completed wording of one of the following notarial certificates:
a. Acknowledgment.
b. Jurat.
c. Verification or proof.
d. Repealed by Session Laws 2022-54, s. 2(g), effective July 1, 2024. (2005-391, s. 4; 2022-54, s. 2(g); 2023-57, ss. 2, 7(f).)
2023 North Carolina General Statutes › Chapter 10B - Notaries › Article 2 - Electronic Notary Act. › § 10B-125 - Electronic signature, electronic seal.

§ 10B-125. Electronic signature, electronic seal.
(a) The notary's electronic signature in combination with the electronic notary seal shall be used only for the purpose of performing electronic notarial acts.
(b) The Secretary shall adopt rules necessary to establish standards, procedures, practices, forms, and records relating to a notary's electronic signature and electronic seal. The notary's electronic seal and electronic signature shall conform to any standards adopted by the Secretary. (2005-391, s. 4.)
2023 North Carolina General Statutes › Chapter 10B - Notaries › Article 2 - Electronic Notary Act. › § 10B-127 - (Effective until July 1, 2024) Maintenance of electronic device.

§ 10B-127. (Effective until July 1, 2024) Maintenance of electronic device.
(a) An electronic notary shall take reasonable steps to ensure that any registered device used to create the notary's electronic signature is current and has not been revoked or terminated by its issuing or registering authority.
(b) If the registration of the device used to create electronic signatures either expires or is changed during the electronic notary's term of office, the notary shall cease performing electronic notarizations until:
(1) A new device is duly issued or registered to the notary; and
(2) An electronically signed notice is sent to the Secretary that shall include the starting and expiration dates of any new registration term and any other new information at variance with information in the most recently executed electronic registration form. (2005-391, s. 4.)
§ 10B-127. (Effective July 1, 2024) Maintenance of electronic device.
(a) An electronic notary shall take reasonable steps to ensure that any registered device used to create the notary's electronic signature is current and has not been revoked or terminated by its issuing or registering authority.
(b) If an electronic notary contracts with an approved provider of an electronic seal and electronic signature or licensed platform for a device used to create electronic signatures or for electronic notarization or remote electronic notarization services, and the contract either expires or is changed during the electronic notary's term of office, the notary shall cease performing electronic and remote electronic notarizations until:
(1) A new contract is executed or a new device is duly issued or registered to the notary; and
(2) An electronically signed notice is sent to the Secretary that shall include the starting and expiration dates of any new registration or contract term and any other new information at variance with information in the most recently executed electronic registration form. (2005-391, s. 4; 2023-57, s. 8(b).)
2023 North Carolina General Statutes › Chapter 10B - Notaries › Article 2 - Electronic Notary Act. › § 10B-128 - (Effective until July 1, 2024) Disposition of records.

§ 10B-128. (Effective until July 1, 2024) Disposition of records.
(a) Upon compliance with G.S. 10B-127 and except as provided in subsection (b) of this section, when an electronic notary's commission expires or is resigned or revoked, or when an electronic notary dies, the notary or the notary's duly authorized representative shall erase, delete, or destroy the coding, disk, certificate, card, software, file, or program that enables electronic affixation of the notary's official electronic signature.
(b) A former electronic notary whose previous commission or application was not revoked or denied by the Secretary need not erase, delete, or destroy the coding, disk, certificate, card, software, file, or program enabling electronic affixation of the official electronic signature if he or she is recommissioned and reregistered as an electronic notary using the same electronic signature within three months after commission expiration. (2005-391, s. 4.)
§ 10B-128. (Effective July 1, 2024) Disposition of records.
(a) Upon compliance with G.S. 10B-127 and except as provided in subsection (b) of this section, when an electronic notary's commission expires or is resigned or revoked, or when an electronic notary dies, the notary or the notary's duly authorized representative shall (i) erase, delete, or destroy the coding, disk, certificate, card, software, file, or program that enables electronic affixation of the notary's official electronic signature and (ii) notify the Secretary within 45 days.
(b) A former electronic notary whose previous commission or application was not revoked or denied by the Secretary need not erase, delete, or destroy the coding, disk, certificate, card, software, file, or program enabling electronic affixation of the official electronic signature if he or she is recommissioned and reregistered as an electronic notary using the same electronic signature and the same licensed platform, if any, within three months after commission expiration. (2005-391, s. 4; 2023-57, s. 8(c).)
2023 North Carolina General Statutes › Chapter 10B - Notaries › Article 2 - Electronic Notary Act. › § 10B-134.3 - (Effective July 1, 2024) Types of remote electronic notarial acts; prohibitions.

§ 10B-134.3. (Effective July 1, 2024) Types of remote electronic notarial acts; prohibitions.
(a) Upon registration with the Secretary under this Article, an electronic notary may perform any of the notarial acts listed in G.S. 10B-115 by means of communication technology in accordance with this Part. An electronic notary may perform any authorized remote notarial act with respect to electronic documents.
(b) An electronic notary shall not perform a remote electronic notarial act if any of the following applies:
(1) The remotely located principal's identity cannot be verified under G.S. 10B-134.11.
(2) Any reason set forth in G.S. 10B-20.
(3) Any reason set forth in G.S. 10B-134.9.
(4) The notarial act would be a verification or proof.
(c) Notwithstanding subsection (a) of this section, an electronic notary shall not perform any remote electronic notarial act with regard to any of the following documents:
(1) A self-proved will executed pursuant to Article 4A of Chapter 31 of the General Statutes.
(2) A revocable or irrevocable trust or any other document amending the same except for a certification of trust or similar document.
(3) Repealed by Session Laws 2023-57, s. 9(b), effective July 1, 2024.
(4) A codicil to a will.
(5) Any document related to the relinquishment of parental rights under Article 3 of Chapter 48 of the General Statutes.
(6) Mail-in absentee ballots issued under Article 20 of Chapter 163 of the General Statutes.
(d) The prohibitions in subsection (c) of this section shall not apply when, at the time the remote electronic notarial act is performed, the remotely located principal meets the description in G.S. 10B-134.1(10)b.
(e) No remotely notarized power of attorney may be used by the attorney-in-fact with any other remotely notarized document to convey title to, or transfer any interest in, a remotely located principal's real property. A power of attorney executed by a remotely located principal under this Part shall be recorded in at least one county register of deeds office in this State. This subsection does not apply to powers of attorney executed by a remotely located principal described in G.S. 10B-134.1(10)b. (2022-54, s. 1; 2023-57, ss. 2, 9(b).)
2023 North Carolina General Statutes › Chapter 10B - Notaries › Article 2 - Electronic Notary Act. › § 10B-134.5 - (Effective July 1, 2024) Use of communication technology.

§ 10B-134.5. (Effective July 1, 2024) Use of communication technology.
(a) The communication technology used by an electronic notary to perform remote electronic notarial acts for remotely located principals shall comply with all of the following requirements:
(1) Host the meeting between the electronic notary and the remotely located principal in real time.
(2) Allow direct interaction between the remotely located principal seeking the electronic notary's services and the electronic notary so that each can communicate simultaneously by sight and sound through communication technology.
(3) Include audio with sound clear enough that each participant in the remote electronic notarial act can hear and understand all other participants.
(4) Have sufficient video quality to allow a clear and unobstructed visual observation of the face of each participant and the document presented by the remotely located principal during credential analysis for a sufficient time to allow the electronic notary to verify the remotely located principal's identity under G.S. 10B-134.11. The electronic notary shall determine if the time is sufficient.
(5) Not include prerecorded video or audio or both.
(6) Be capable of recording using the communication technology's recording and storage services.
(7) Be capable of geolocating the remotely located principal to corroborate the location of the remotely located principal.
(b) The electronic notary shall take reasonable steps to provide that the communication technology used in a remote electronic notarization is secure from unauthorized interception. An electronic notary shall select one or more tamper-evident technologies to perform remote electronic notarial acts with respect to electronic documents. In addition to any requirements of this Article or established by the Secretary, the communication technology shall provide automated backup of the communication technology recording.
(c) No person may require an electronic notary to perform any remote electronic notarial act using communication technology that the electronic notary has not selected. (2022-54, s. 1; 2023-57, ss. 2, 9(c).)
2023 North Carolina General Statutes › Chapter 10B - Notaries › Article 2 - Electronic Notary Act. › § 10B-134.7 - (Effective July 1, 2024) Authority to perform remote electronic notarial acts.

§ 10B-134.7. (Effective July 1, 2024) Authority to perform remote electronic notarial acts.
(a) An electronic notary may perform a remote electronic notarial act authorized under this Part only while the electronic notary is physically located in this State.
(b) A remote electronic notarization performed by an electronic notary of this State under this Part is governed by the laws of this State. (2022-54, s. 1; 2023-57, ss. 2, 9(d).)
2023 North Carolina General Statutes › Chapter 10B - Notaries › Article 2 - Electronic Notary Act. › § 10B-134.11 - (Effective July 1, 2024) Verification of identity; identity proofing; credential analysis.

§ 10B-134.11. (Effective July 1, 2024) Verification of identity; identity proofing; credential analysis.
(a) Prior to the remote electronic notarial act, the electronic notary shall verify each remotely located principal's identity through one of the following methods:
(1) The remotely located principal creating the electronic signature is personally known to the electronic notary.
(2) All of the following:
a. Credential analysis, by a third-party vendor approved by the Secretary, of a current document issued by a federal, state, or federal or state-recognized tribal government agency bearing the photographic image of the individual's face and either the signature or a physical description of the individual.
b. Identity proofing by a third-party vendor approved by the Secretary.
c. Comparison, by the electronic notary, of the current document issued by a federal, state, or federal or state-recognized tribal government agency bearing the photographic image of the individual's face and either the signature or a physical description of the individual presented by the remotely located principal during credential analysis and the image of the remotely located principal via the communication technology.
(b) Notwithstanding subsection (a) of this section, an electronic notary may require the remotely located principal to provide additional information or identification credentials necessary to confirm the identity of the remotely located principal. (2022-54, s. 1; 2023-57, ss. 2, 9(f).)
2023 North Carolina General Statutes › Chapter 10B - Notaries › Article 2 - Electronic Notary Act. › § 10B-134.13 - (Effective July 1, 2024) Electronic notarization and remote electronic notarization.

§ 10B-134.13. (Effective July 1, 2024) Electronic notarization and remote electronic notarization.
When conducting a remote electronic notarization, the electronic notary shall comply with the requirements of this Chapter. Each remote electronic notarization shall include a communication technology recording. There shall be no requirement that the communication technology recording further include any transactions other than the remote electronic notarial act unless the Secretary specifies a requirement to also record interactions of those particular transactions. (2022-54, s. 1; 2023-57, ss. 2, 9(g).)
2023 North Carolina General Statutes › Chapter 10B - Notaries › Article 2 - Electronic Notary Act. › § 10B-134.15 - (Effective July 1, 2024) Electronic journal of remote electronic notarial acts.

§ 10B-134.15. (Effective July 1, 2024) Electronic journal of remote electronic notarial acts.
(a) An electronic notary who performs a remote electronic notarization shall enter information about the remote electronic notarization in an electronic journal. The electronic journal shall be the exclusive property of the electronic notary. The electronic notary shall not allow another person to make entries in the electronic journal.
(b) The Secretary shall adopt rules specifying the content and secure storage of the electronic journal. The rules adopted by the Secretary shall comply with all of the following:
(1) Allow for electronic and paper mediums of the electronic journal.
(2) Require retention for 10 years after the remote electronic notarization.
(3) Allow a party involved in a transaction that utilizes remote electronic notarization to require additional information regarding that transaction be included in the electronic journal.
(4) Authorize a third-party vendor, including a licensed platform, to act as a depository or custodian of electronic journals.
(5) Specify to whom the electronic journal shall be delivered upon resignation, revocation, or expiration of a notary commission or death or adjudication of incompetency of an electronic notary.
(c) An electronic notary may surrender the electronic journal to the electronic notary's employer upon termination of employment if the electronic journal consists of remote electronic notarizations made in the conduct of the employer's business, but the electronic notary shall also keep and maintain an accurate backup copy of the journal for 10 years after the last remote electronic notarization entered into the electronic journal.
(d) Except as provided in subsection (c) of this section, the notary shall not surrender or destroy the electronic journal or the communication technology recordings of remote electronic notarial acts except as required by a court order or as allowed under rules adopted by the Secretary. (2022-54, s. 1; 2023-57, ss. 2, 9(h).)
2023 North Carolina General Statutes › Chapter 10B - Notaries › Article 2 - Electronic Notary Act. › § 10B-134.17 - (Effective July 1, 2024) Security measures by notary; surrender of journal; etc.

§ 10B-134.17. (Effective July 1, 2024) Security measures by notary; surrender of journal; etc.
(a) An electronic notary shall comply with all of the following security requirements:
(1) All records of journal entries and communication technology recordings shall be securely stored in a depository under the control of the electronic notary or with a custodian duly appointed under the terms of this Part. If a custodian is appointed, the custodian shall be a third-party vendor approved by the Secretary.
(2) Take reasonable steps to ensure that the communication technology recordings are secure from unauthorized interception during transmission between participants involved in a electronic notarial act. The communication technology used by the electronic notary shall employ data protection safeguards consistent with generally accepted information security standards.
(b) Within 10 calendar days of discovering any permanent loss of data, unauthorized use, loss of use, or compromise of security of the electronic journal or the communication technology recordings of remote electronic notarial acts, the remote electronic notary shall do both of the following:
(1) Inform the appropriate law enforcement agency in the case of theft, tampering, or vandalism.
(2) Notify the register of deeds in the county of the electronic notary's commissioning under G.S. 10B-10 and the Secretary in writing and signed in the official name in which the electronic notary was commissioned. The notice shall indicate whether there was any permanent loss of data, unauthorized use, loss of use, or compromise of security of the electronic journal or the communication technology recordings of remote electronic notarial acts.
(c) The failure of an electronic notary to produce within the time period set out in the Secretary's request any record required by a rule adopted under this Part shall result in the suspension of the electronic notary's power to act as a notary under the provisions of this Chapter until the Secretary reinstates the notary's commission. (2022-54, s. 1; 2023-57, ss. 2, 9(i).)
2023 North Carolina General Statutes › Chapter 10B - Notaries › Article 2 - Electronic Notary Act. › § 10B-134.21 - (Effective July 1, 2024) Rules.

§ 10B-134.21. (Effective July 1, 2024) Rules.
(a) The Secretary shall adopt rules necessary to establish standards, procedures, practices, forms, and records relating to remote electronic notarial acts to implement this Part, including at least all of the following:
(1) Any additional educational requirements for electronic notaries regarding remote electronic notarizations.
(2) The contents and security of the electronic journal.
(3) The security standards, features, qualifications, measures, storage, and any other matter related to communication technology, credential analysis, identity proofing, and depository and custodial services.
(4) The requirements of secure storage of all communication technology recordings, the electronic journal, and any other documentation under the control of the electronic notary regarding the electronic notarial act.
(5) Any necessary actions upon notification of permanent loss of data, unauthorized use, loss of use, or compromise of security of the electronic journal or the communication technology recordings of remote electronic notarial acts.
(b) The Secretary may utilize emergency and temporary rulemaking as needed to implement this Part. (2022-54, s. 1; 2023-57, ss. 2, 9(k).)
2023 North Carolina General Statutes › Chapter 10B - Notaries › Article 2 - Electronic Notary Act. › § 10B-134.25 - (Effective July 1, 2024) Real estate transactions.

§ 10B-134.25. (Effective July 1, 2024) Real estate transactions.
(a) Nothing in this Part shall be construed to alter or supersede the law as set forth in Chapter 84 of the General Statutes, G.S. 10B-20(i) through (k), G.S. 75-1.1, or any opinion or ruling by a North Carolina court of competent jurisdiction or the North Carolina State Bar ruling pertaining to the unauthorized practice of law in this State, including the requirements that a licensed North Carolina attorney shall supervise a residential real estate closing under Authorized Practice Advisory Opinion 2002-1 issued by the North Carolina State Bar and perform all services defined as the practice of law for real property located in this State.
(b) An electronic notary who is not a licensed North Carolina attorney is prohibited from rendering services or advice that constitutes the practice of law in this State. (2022-54, s. 1; 2023-57, ss. 2, 9(m).)
2023 North Carolina General Statutes › Chapter 10B - Notaries › Article 2 - Electronic Notary Act. › § 10B-135 - Validity of notarial certificates.

§ 10B-135. Validity of notarial certificates.
The provisions contained in Article 1, Part 6, of this Chapter, with regard to notarial certificate forms, are applicable for the purposes of this Article. (2005-391, s. 4.)
2023 North Carolina General Statutes › Chapter 10B - Notaries › Article 2 - Electronic Notary Act. › § 10B-136 - Form of evidence of authority of electronic notarial act.

§ 10B-136. 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. (2005-391, s. 4.)
2023 North Carolina General Statutes › Chapter 10B - Notaries › Article 2 - Electronic Notary Act. › § 10B-137 - Certificate of authority for electronic notarial act.

§ 10B-137. 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. (2005-391, s. 4.)
2023 North Carolina General Statutes › Chapter 10B - Notaries › Article 2 - Electronic Notary Act. › § 10B-145 - Restriction or revocation of registration.

§ 10B-145. 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. (2005-391, s. 4.)
2023 North Carolina General Statutes › Chapter 10B - Notaries › Article 2 - Electronic Notary Act. › § 10B-146 - Wrongful manufacture, distribution, or possession of software or hardware.

§ 10B-146. 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. (2005-391, s. 4.)
2023 North Carolina General Statutes › Chapter 10B - Notaries › Article 3 - Video Witnessing During State of Emergency. › § 10B-200 - (Expires June 30, 2024 see note) Applicability.

§ 10B-200. (Expires June 30, 2024 – see note) Applicability.
(a) This Article applies to the witnessing and signature of all records, as defined in G.S. 10B-3(19), signed, by a principal physically located in the State of North Carolina, on or after the effective date of this act.
(b) This Article expires June 30, 2024.
(c) No action described in this Article constitutes a notarial act, as defined in G.S. 10B-3(11), and no action described in this Article is governed by Article 1 or 2 of this Chapter. (2020-3, s. 4.2(a); 2020-74, s. 27(c); 2020-80, s. 2.9(c); 2021-3, s. 2.10(b); 2022-54, s. 3(c); 2023-57, s. 1(b).)
2023 North Carolina General Statutes › Chapter 10B - Notaries › Article 3 - Video Witnessing During State of Emergency. › § 10B-201 - (Expires June 30, 2024 see note) Emergency video witnessing.

§ 10B-201. (Expires June 30, 2024 – see note) Emergency video witnessing.
(a) Notwithstanding any general or special law to the contrary, any person who witnesses the signature of a record through video conference technology shall be considered an "in-person" witness, and the record shall be considered to have been signed by the principal signer "in the presence of" such witness, if the video conference technology allows for direct, real-time audio and video interaction between each principal signer and the witness.
(b) Notwithstanding any general or special law to the contrary, an attesting witness to a record shall be considered to have signed such record in the presence of the principal signer, if all of the following are satisfied:
(1) The signature of the principal signer is witnessed by the attesting witness in accordance with the requirements of subsection (a) of this section.
(2) The attesting witness immediately thereafter signs such record while the video conference technology still allows for direct, real-time audio and video interaction between the principal signer and the attesting witness.
(c) Any record witnessed pursuant to this section shall contain all of the following:
(1) A conspicuous statement indicating that the record was witnessed by one or more witnesses physically located in the State of North Carolina pursuant to this Article.
(2) The county in which each remote witness was physically located when witnessing execution of the record.
(3) The county in which each principal signer was physically located during the witnessed execution of the record.
(d) Notwithstanding any general or special law to the contrary, absent an express prohibition in a legal document against signing in counterparts, any record witnessed pursuant to this Article may be signed in counterpart, which counterparts, when combined, shall create a single original record. (2020-3, s. 4.2(a); 2021-3, s. 2.10(b); 2023-54, s. 3(d).)
2023 North Carolina General Statutes › Chapter 11 - Oaths › Article 1 - General Provisions. › § 11-1 - Oaths and affirmations to be administered with solemnity.

§ 11-1. Oaths and affirmations to be administered with solemnity.
Whereas, lawful oaths for discovery of truth and establishing right are necessary and highly conducive to the important end of good government; and being most solemn appeals to Almighty God, as the omniscient witness of truth and the just and omnipotent avenger of falsehood, and whereas, lawful affirmations for the discovery of truth and establishing right are necessary and highly conducive to the important end of good government, therefore, such oaths and affirmations ought to be taken and administered with the utmost solemnity. (1777, c. 108, s. 2, P.R.; R.C., c. 76, s. 1; Rev., s. 2353; C.S., s. 3188; 1985, c. 756, s. 1.)
2023 North Carolina General Statutes › Chapter 11 - Oaths › Article 1 - General Provisions. › § 11-2 - Administration of oaths.

§ 11-2. Administration of oaths.
Judges and other persons who may be empowered to administer oaths, shall (except in the cases in this Chapter excepted) require the party to be sworn to lay his hand upon the Holy Scriptures, in token of his engagement to speak the truth and in further token that, if he should swerve from the truth, he may be justly deprived of all the blessings of that holy book and made liable to that vengeance which he has imprecated on his own head. (1777, c. 108, s. 2, P.R.; R.C., c. 76, s. 1; Code, s. 3309; Rev., s. 2354; C.S., s. 3189; 1941, c. 11; 1971, c. 381, s. 9; 1985, c. 756, s. 2.)
2023 North Carolina General Statutes › Chapter 11 - Oaths › Article 1 - General Provisions. › § 11-3 - Administration of oath with uplifted hand.

§ 11-3. Administration of oath with uplifted hand.
When the person to be sworn shall be conscientiously scrupulous of taking a book oath in manner aforesaid, he shall be excused from laying hands upon, or touching the Holy Gospel; and the oath required shall be administered in the following manner, namely: He shall stand with his right hand lifted up towards heaven, in token of his solemn appeal to the Supreme God, and also in token that if he should swerve from the truth he would draw down the vengeance of heaven upon his head, and shall introduce the intended oath with these words, namely:
I, A.B., do appeal to God, as a witness of the truth and the avenger of falsehood, as I shall answer the same at the great day of judgment, when the secrets of all hearts shall be known (etc., as the words of the oath may be). (1777, c. 108, s. 3, P.R.; R.C., c. 76, s. 2; Code, s. 3310; Rev., s. 2355; C.S., s. 3190.)
2023 North Carolina General Statutes › Chapter 11 - Oaths › Article 1 - General Provisions. › § 11-4 - Affirmation in lieu of oath.

§ 11-4. Affirmation in lieu of oath.
When a person to be sworn shall have conscientious scruples against taking an oath in the manner prescribed by G.S. 11-2, 11-3, or 11-7, he shall be permitted to be affirmed. In all cases the words of the affirmation shall be the same as the words of the prescribed oath, except that the word "affirm" shall be substituted for the word "swear" and the words "so help me God" shall be deleted. (1777, c. 108, s. 4, P.R.; c. 115, s. 42, P.R.; 1819, c. 1019, P.R.; 1821, c. 1112, P.R.; R.C., c. 76, s. 3; Code, s. 3311; Rev., s. 2356; C.S., s. 3191; 1985, c. 756, s. 3.)
2023 North Carolina General Statutes › Chapter 11 - Oaths › Article 1 - General Provisions. › § 11-5 - Oaths of corporations.

§ 11-5. Oaths of corporations.
In all cases where a corporation is appointed administrator, executor, collector, or to any other fiduciary position, of which fiduciary an oath is required by law, such oath may be taken by such corporation by and through any officer or agent of said corporation who is authorized by law to verify pleadings in behalf of such corporation; and any oath so taken shall be valid as the oath of such corporation. Any oath heretofore taken in the manner aforesaid in behalf of a corporation as such fiduciary is hereby validated as the oath of such corporation. (1919, c. 89, ss. 1, 2; C.S., s. 3192.)
2023 North Carolina General Statutes › Chapter 11 - Oaths › Article 1 - General Provisions. › § 11-7 - Oath or affirmation to support Constitutions; all officers to take.

§ 11-7. Oath or affirmation to support Constitutions; all officers to take.
Every member of the General Assembly and every person elected or appointed to hold any office of trust or profit in the State shall, before taking office or entering upon the execution of the office, take and subscribe to the following oath:
"I, ___________, do solemnly and sincerely swear that I will support the Constitution of the United States; that I will be faithful and bear true allegiance to the State of North Carolina, and to the constitutional powers and authorities which are or may be established for the government thereof; and that I will endeavor to support, maintain and defend the Constitution of said State, not inconsistent with the Constitution of the United States, to the best of my knowledge and ability; so help me God." (1781, c. 342, s. 1, P.R.; R.C., c. 76, s. 4; Code, s. 3312; Rev., s. 2358; C.S., s. 3194; 1985, c. 756, s. 5.)
2023 North Carolina General Statutes › Chapter 11 - Oaths › Article 1 - General Provisions. › § 11-7.1 - Who may administer oaths of office.

§ 11-7.1. Who may administer oaths of office.
(a) Except as otherwise specifically required by statute, an oath of office may be administered by any of the following:
(1) A justice, judge, magistrate, clerk, assistant clerk, or deputy clerk of the General Court of Justice, a retired justice, judge, or clerk of the General Court of Justice, or any member of the federal judiciary.
(2) The Secretary of State.
(3) A notary public.
(4) A register of deeds.
(5) A mayor of any city, town, or incorporated village.
(5a) A chairman of the board of commissioners of any county.
(6) A member of the House of Representatives or Senate of the General Assembly.
(7) The clerk of any county, city, town or incorporated village.
(b) The administration of an oath by any judge of the Court of Appeals prior to March 7, 1969, is hereby validated. (1953, c. 23; 1969, c. 44, s. 25; c. 499; c. 713, s. 1; 1971, c. 381, s. 10; 1977, c. 344, s. 2; 1979, c. 757; 1981, c. 682, s. 2; 1983, c. 648, s. 1; 1995, c. 147, s. 1; 2019-243, s. 14.)
2023 North Carolina General Statutes › Chapter 11 - Oaths › Article 1 - General Provisions. › § 11-8 - When deputies may administer.

§ 11-8. When deputies may administer.
In all cases where any civil officer, in the discharge of his duties, is permitted by the law to administer an oath, the deputy of such officer, when discharging such duties, shall have authority to administer it, provided he is a sworn officer; and the oath thus administered by the deputy shall be as obligatory as if administered by the principal officer, and shall be attended with the same penalties in case of false swearing. (1836, c. 27, s. 2; R.C., c. 76, s. 7; Code, s. 3316; Rev., s. 2359; C.S., s. 3195.)
2023 North Carolina General Statutes › Chapter 11 - Oaths › Article 1 - General Provisions. › § 11-9 - Administration by certain officers.

§ 11-9. Administration by certain officers.
The chairman of the board of county commissioners and the chairman of the board of education of the several counties may administer oaths in any matter or hearing before their respective boards. (1889, c. 529; 1899, c. 89; Rev., s. 2362; C.S., s. 3196.)
2023 North Carolina General Statutes › Chapter 11 - Oaths › Article 1 - General Provisions. › § 11-10 - When county surveyors may administer oaths.

§ 11-10. When county surveyors may administer oaths.
The county surveyors of the several counties are empowered to administer oaths to all such persons as are required by law to be sworn in making partition of real estate, in establishing boundaries and in surveying vacant lands under warrants. (1881, c. 144; Code, s. 3314; Rev., s. 2361; C.S., s. 3197; 1959, c. 879, s. 4.)
2023 North Carolina General Statutes › Chapter 12 - Statutory Construction › § 12-2 - Repeal of statute not to affect actions.

§12-2. Repeal of statute not to affect actions.
The repeal of a statute shall not affect any action brought before the repeal, for any forfeitures incurred, or for the recovery of any rights accruing under such statute. (1830, c. 44; R.C., c. 108, s. 1; 1879, c. 163; 1881, c. 48; Code, s. 3764; Rev., s. 2830; C.S., s. 3948.)
2023 North Carolina General Statutes › Chapter 12 - Statutory Construction › § 12-4 - Construction of amended statute.

§ 12-4. Construction of amended statute.
Where a part of a statute is amended it is not to be considered as having been repealed and reenacted in the amended form; but the portions which are not altered are to be considered as having been the law since their enactment, and the new provisions as having been enacted at the time of the amendment.
Whenever the General Assembly (i) enacts a bill which purports to amend an existing general statute by deleting, adding, or substituting specific words or figures, and (ii) such bill also purports to set out the wording of the amended statute, or a portion thereof, as it will read after the amendment is accomplished, and (iii) there is a variance between the latter and the former, then, in such case, the latter shall control and be presumed to express the amendatory intent of the General Assembly. (1868-9, c. 270, s. 22; 1870-1, c. 111; Code, s. 3766; Rev., s. 2832; C.S., s. 3950; 1971, c. 115.)
2023 North Carolina General Statutes › Chapter 13 - Citizenship Restored › § 13-1 - Restoration of citizenship.

§ 13-1. Restoration of citizenship.
Any person convicted of a crime, whereby the rights of citizenship are forfeited, shall have such rights automatically restored upon the occurrence of any one of the following conditions:
(1) The unconditional discharge of an inmate, of a probationer, or of a parolee by the agency of the State having jurisdiction of that person or of a defendant under a suspended sentence by the court.
(2) The unconditional pardon of the offender.
(3) The satisfaction by the offender of all conditions of a conditional pardon.
(4) With regard to any person convicted of a crime against the United States, the unconditional discharge of such person by the agency of the United States having jurisdiction of such person, the unconditional pardon of such person or the satisfaction by such person of a conditional pardon.
(5) With regard to any person convicted of a crime in another state, the unconditional discharge of such person by the agency of that state having jurisdiction of such person, the unconditional pardon of such person or the satisfaction by such person of a conditional pardon. (1971, c. 902; 1973, c. 251; c. 1262, s. 10; 1977, c. 813, s. 1; 1991, c. 274, s. 1; 2011-145, s. 19.1(h); 2012-83, s. 18; 2013-410, s. 2.)
2023 North Carolina General Statutes › Chapter 13 - Citizenship Restored › § 13-2 - Issuance and filing of certificate or order of restoration.

§ 13-2. Issuance and filing of certificate or order of restoration.
(a) The agency, department, or court having jurisdiction over the inmate, probationer, parolee or defendant at the time his rights of citizenship are restored under the provisions of G.S. 13-1(1) shall immediately issue a certificate or order in duplicate evidencing the offender's unconditional discharge and specifying the restoration of his rights of citizenship.
The original of such certificate or order shall be promptly transmitted to the clerk of the General Court of Justice in the county where the official record of the case from which the conviction arose is filed. The clerk shall then file the certificate or order without charge with the official record of the case.
(b) In the case of a person convicted of a crime against another state or the United States, whose rights to citizenship have been restored according to G.S. 13-1, the following provisions shall apply:
(1) It shall be the duty of the clerk of the court in the county where such person resides, upon a showing by such person or his representative that the conditions of G.S. 13-1 have been met, to issue the certificate evidencing the offender's unconditional discharge and specifying the restoration of his rights of citizenship. For purposes of this subsection, the fulfillment of the conditions of G.S. 13-1 shall be considered met upon the presentation to the clerk of any paper writing from the agency of any other state or of the United States which had jurisdiction over such person, which shows that the conditions of G.S. 13-1 have been met.
(2) The certificate described in subdivision (b)(1) shall be filed by the clerk of the General Court of Justice in the county in which such person resides.
The provisions of this subsection apply equally to conditional and unconditional pardons by the governor of any other state or by the President of the United States, as well as unconditional discharges by the agency of another state or of the United States having jurisdiction over said person. (1971, c. 902; 1973, c. 251; 1977, c. 813, s. 2; 1991, c. 274, s. 2.)
2023 North Carolina General Statutes › Chapter 13 - Citizenship Restored › § 13-3 - Issuance, service and filing of warrant of unconditional pardon.

§ 13-3. Issuance, service and filing of warrant of unconditional pardon.
In the event the rights of citizenship are restored by an unconditional pardon as specified in G.S. 13-1(2), the Governor, under the provisions of G.S. 147-23, shall issue his warrant therefor specifying the restoration of rights of citizenship to the offender; and the officer to whom the Governor issues his warrant to effect the release of the offender shall deliver a copy of the warrant to the offender under the provisions of G.S. 147-25. The original warrant bearing the officer's return as specified in G.S. 147-25 shall be filed by the clerk of the General Court of Justice without charge in the county where the official record of the case from which the conviction arose is filed. (1971, c. 902; 1973, c. 251.)
2023 North Carolina General Statutes › Chapter 13 - Citizenship Restored › § 13-4 - Endorsement of warrant, service and filing of conditional pardon.

§ 13-4. Endorsement of warrant, service and filing of conditional pardon.
When the offender has satisfied all of the conditions of a conditional pardon, and his rights of citizenship have been restored under the provisions of G.S. 13-1(3), the Governor shall issue an endorsement to the original warrant which specified the conditions of the pardon. Such endorsement shall acknowledge that the offender has satisfied all of the conditions of the pardon.
The Governor shall then deliver the endorsement to the officer specified in G.S. 147-25 for service and delivery to the clerk. Service and delivery to the clerk and filing by the clerk shall be done in accordance with the provisions of G.S. 13-3 so that the endorsement reflecting satisfaction of all conditions of the pardon will be served and recorded as if it were a warrant of unconditional pardon. (1973, c. 251.)
2023 North Carolina General Statutes › Chapter 14 - Criminal Law › Article 1 - Felonies and Misdemeanors. › § 14-1 - Felonies and misdemeanors defined.

§ 14-1. Felonies and misdemeanors defined.
A felony is a crime which:
(1) Was a felony at common law;
(2) Is or may be punishable by death;
(3) Is or may be punishable by imprisonment in the State's prison; or
(4) Is denominated as a felony by statute.
Any other crime is a misdemeanor. (1891, c. 205, s. 1; Rev., s. 3291; C.S., s. 4171; 1967, c. 1251, s. 1.)
2023 North Carolina General Statutes › Chapter 14 - Criminal Law › Article 1 - Felonies and Misdemeanors. › § 14-2.3 - Forfeiture of gain acquired through criminal activity.

§ 14-2.3. Forfeiture of gain acquired through criminal activity.
(a) Except as is otherwise provided in Article 3 of Chapter 31A, in the case of any violation of Article 13A of Chapter 14, or a general statute constituting a felony other than a nonwillful homicide, any money or other property or interest in property acquired thereby shall be forfeited to the State of North Carolina, including any profits, gain, remuneration, or compensation directly or indirectly collected by or accruing to any offender.
(b) An action to recover such property shall be brought by either a District Attorney or the Attorney General pursuant to G.S. 1-532. The action must be brought within three years from the date of the conviction for the offense.
(c) Nothing in this section shall be construed to require forfeiture of any money or property recovered by law-enforcement officers pursuant to the investigation of an offense when the money or property is readily identifiable by the owner or guardian of the property or is traceable to him. (1981, c. 840, s. 1; 2008-214, s. 1.)