reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter I - RESERVED FOR FUTURE CODIFICATION › Section .0100 › Section 07I .0105 - ENTRY OF DATA INTO JOURNAL

Current through Register Vol. 39, No. 2, July 15, 2024
A notary public shall be the only person to make entries
					 into the notary's journal, unless otherwise permitted for traditional notaries
					 by Chapter 10B of the General Statutes or Rule .0106 of this
					 Section.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter I - RESERVED FOR FUTURE CODIFICATION › Section .0100 › Section 07I .0106 - EXCEPTIONS TO RULE .0105

Current through Register Vol. 39, No. 2, July 15, 2024
Exceptions to Rule .0105 of this Section shall be limited
					 to:
(1) the signatures of the
				  principals;
(2) the signatures of
				  credible witnesses; and
(3) the
				  signatures of the designees of the principals pursuant to
				  G.S.
				  10B-20(e).
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter I - RESERVED FOR FUTURE CODIFICATION › Section .0200 › Section 07I .0202 - FORM OF ELECTRONIC NOTARY JOURNAL

Current through Register Vol. 39, No. 2, July 15, 2024
Electronic notarizations and remote electronic
					 notarizations shall be documented in an electronic journal that is maintained
					 as an electronic document.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter I - RESERVED FOR FUTURE CODIFICATION › Section .0200 › Section 07I .0203 - COMBINED JOURNAL

Current through Register Vol. 39, No. 2, July 15, 2024
A notary public may maintain an electronic journal that
					 includes entries for any of these acts that the notary is qualified to perform:
(1) traditional notarial
				  acts;
(2) electronic notarial acts;
				  and
(3) remote electronic notarial
				  acts.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter I - RESERVED FOR FUTURE CODIFICATION › Section .0200 › Section 07I .0204 - ENTRIES IN A TANGIBLE JOURNAL

Current through Register Vol. 39, No. 2, July 15, 2024
Entries in a tangible journal shall be:
(1) entered in permanent ink; and
(2) in chronological order.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter I - RESERVED FOR FUTURE CODIFICATION › Section .0200 › Section 07I .0205 - REQUIREMENTS FOR A TANGIBLE JOURNAL

Current through Register Vol. 39, No. 2, July 15, 2024
A tangible journal shall:
(1) be made in a bound journal into which pages cannot be
				  inserted; and
(2) have on the first
				  page:
(a) the name of the notary public as
				  commissioned;
(b) the commission
				  date of the notary; and
(c) the
				  county of the commission; and
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter I - RESERVED FOR FUTURE CODIFICATION › Section .0200 › Section 07I .0206 - PROVISION OF JOURNAL TO DEPARTMENT

Current through Register Vol. 39, No. 2, July 15, 2024
When a person responds to a request from the Department for
					 all or part of a notary public's journal, the person shall submit the journal
					 together with a transmittal document containing:
(1) the name on the notary's
				  commission;
(2) the most recent
				  commission date of the notary; and
(3) the dates of the first and last entries
				  in the journal.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter I - RESERVED FOR FUTURE CODIFICATION › Section .0200 › Section 07I .0207 - ACTS INCLUDED IN JOURNAL

Current through Register Vol. 39, No. 2, July 15, 2024
The journal shall contain entries by the notary public that
					 document all notarial acts completed by the notary or
					 canceled.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter I - RESERVED FOR FUTURE CODIFICATION › Section .0200 › Section 07I .0208 - DESIGNATION OF NOTARIAL ACT

Current through Register Vol. 39, No. 2, July 15, 2024
Except as set out in Rule .0209 of this Section, a notary
					 public who maintains a journal shall state in the journal whether each notarial
					 act entered into the journal is:
(1)
				  traditional;
(2) electronic;
				  or
(3) remote electronic.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter I - RESERVED FOR FUTURE CODIFICATION › Section .0200 › Section 07I .0209 - EXCEPTION TO RULE .0208

Current through Register Vol. 39, No. 2, July 15, 2024
A notary public who enters only a single mode of notarial
					 act in a journal may:
(1) make a
				  single notation of the mode of notarial acts at the beginning of the journal;
				  and
(2) omit the notations required
				  by Rule .0208 of this Section.
Note: An example would be a journal first-page statement
					 that the journal documents only traditional notarial acts.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter I - RESERVED FOR FUTURE CODIFICATION › Section .0200 › Section 07I .0210 - DESIGNATION OF TYPE OF NOTARIAL ACT

Current through Register Vol. 39, No. 2, July 15, 2024
A notary public shall designate in the journal whether the
					 type of a notarial act is:
(1) an
				  acknowledgement;
(2) the taking of
				  a verification or proof;
(3) an
				  administration of an oath or affirmation;
(4) a notarization of an absentee voter
				  application; or
(5) an inventorying
				  of a safe deposit box pursuant to
				  G.S.
				  53C-6-18(a).
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter I - RESERVED FOR FUTURE CODIFICATION › Section .0200 › Section 07I .0211 - JOURNAL MAY COMBINE EMPLOYER-RELATED AND NON-EMPLOYER ACTS

Current through Register Vol. 39, No. 2, July 15, 2024
If a notary public performs both employer-related and
					 nonemployer related notarial acts, the notary may maintain:
(1) a separate journal for each of the
				  employer-related and non-employer related notarial acts; or
(2) a single journal reflecting all notarial
				  acts.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter I - RESERVED FOR FUTURE CODIFICATION › Section .0200 › Section 07I .0212 - JOURNAL RETENTION PERIOD

Current through Register Vol. 39, No. 2, July 15, 2024
For at least 10 years after the last notarial act entered
					 into a journal by a notary public, the journal or the backup copy of the
					 journal shall be retained by:
(1) the
				  notary; or
(2) a designated
				  custodian.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter I - RESERVED FOR FUTURE CODIFICATION › Section .0300 › Section 07I .0301 - CONTENTS OF JOURNAL FOR CANCELED ACT

Current through Register Vol. 39, No. 2, July 15, 2024
For each canceled act to be recorded in the journal, a
					 notary public shall include:
(1) the
				  date and time of the canceled act;
(2) the names of the principals;
				  and
(3) the reason the act was
				  canceled.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter I - RESERVED FOR FUTURE CODIFICATION › Section .0300 › Section 07I .0302 - CONTENTS OF JOURNAL

Current through Register Vol. 39, No. 2, July 15, 2024
Notaries public shall enter the following information in
					 the journal for each notarial act:
(1)
				  the date and time at the notary's location that the notarial act
				  occurs;
(2) the name of each
				  principal;
(3) the type and mode of
				  notarial act performed;
(4) the
				  title of the document notarized, if any;
(5) how the identity of each principal was
				  determined;
(6) if satisfactory
				  evidence of the principal's identity was presented:
(a) the type of satisfactory
				  evidence;
(b) the addresses of each
				  principal as shown on any documents used as satisfactory evidence;
(c) where the satisfactory evidence was based
				  on the sworn statement of a credible witness:
(i) the name of the credible
				  witness;
(ii) the contact
				  information of the credible witness;
(iii) the signature of the credible witness
				  in a traditional notary's journal; or
(iv) the signature of the credible witness
				  has been added to the electronic journal by the notary;
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter I - RESERVED FOR FUTURE CODIFICATION › Section .0300 › Section 07I .0303 - ADDITIONAL JOURNAL CONTENTS FOR REMOTE ELECTRONIC NOTARIZATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
In addition to the requirements of Rule .0302 of this
					 Section, for each remote electronic notarial act completed, an electronic
					 notary public shall enter in the journal:
(1) the locations of the principals and
				  electronic notary at the time of the act;
(2) the method of establishing the location
				  of the remotely located principals;
(3) the names of any individuals who are
				  physically present at the same place as the remotely located principals;
				  and
(4) the names of any
				  individuals in addition to the principals and those listed in Item (3) of this
				  Rule who are present remotely using the communication technology during the
				  notarial transaction process.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter I - RESERVED FOR FUTURE CODIFICATION › Section .0300 › Section 07I .0304 - EMPLOYER REQUEST FOR INCLUSION OF ADDITIONAL INFORMATION IN JOURNAL

Current through Register Vol. 39, No. 2, July 15, 2024
A notary public may include additional information in the
					 journal regarding an employer-related electronic notarial act if:
(1) the employer so requests;
(2) the request is made before the notary
				  commits the journal entry; and
(3)
				  in the judgment of the electronic notary, the information is directly related
				  to the notarial act. Note: A loan origination number or a client number is an
				  example of information directly related to the notarial act.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter I - RESERVED FOR FUTURE CODIFICATION › Section .0300 › Section 07I .0305 - PARTY REQUEST FOR INCLUSION OF ADDITIONAL INFORMATION IN JOURNAL FOR REMOTE ELECTRONIC NOTARIZATION

Current through Register Vol. 39, No. 2, July 15, 2024
An electronic notary public shall include additional
					 information in the journal if:
(1) the
				  notarial act is a remote electronic notarial act;
(2) the requestor is a party involved in the
				  transaction;
(3) the request is
				  made before the notary commits the journal entry; and
(4) in the judgment of the electronic notary,
				  the information is directly related to the notarial act. Note: A loan
				  origination number or a client number is an example of information directly
				  related to the notarial act.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter I - RESERVED FOR FUTURE CODIFICATION › Section .0300 › Section 07I .0306 - NOTATION OF REQUESTS FOR INCLUSION OF ADDITIONAL INFORMATION IN JOURNAL

Current through Register Vol. 39, No. 2, July 15, 2024
If a notary public receives a request for inclusion of
					 additional information in the journal, the notary shall note in the
					 journal:
(1) who requested inclusion
				  of the information; and
(2) if the
				  notary refused to include requested information, the reason the notary refused
				  to do so.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter I - RESERVED FOR FUTURE CODIFICATION › Section .0300 › Section 07I .0307 - NOTARY SHALL NOT PROVIDE UNRELATED NOTARIAL ACT INFORMATION TO EMPLOYER

Current through Register Vol. 39, No. 2, July 15, 2024
A notary public who performs both employer-related and
					 unrelated notarial acts shall not provide the notary's employer with:
(1) information regarding the notarial acts
				  unrelated to the employer; or
(2)
				  copies of, or access to, unrelated notarial act entries in the
				  journal.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter I - RESERVED FOR FUTURE CODIFICATION › Section .0300 › Section 07I .0308 - JOURNAL SUPPLEMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
A notary public may add supplemental information to a
					 journal if:
(1) the notary does not in
				  any way change the original committed journal entry; and
(2) specifies the journal entry to which the
				  supplemental information relates.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter I - RESERVED FOR FUTURE CODIFICATION › Section .0400 › Section 07I .0401 - MAINTAIN BACKUP COPY

Current through Register Vol. 39, No. 2, July 15, 2024
A notary public shall maintain an exact backup copy of the
					 notary's electronic journal.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter I - RESERVED FOR FUTURE CODIFICATION › Section .0400 › Section 07I .0402 - FORMAT OF BACKUP COPY

Current through Register Vol. 39, No. 2, July 15, 2024
A notary public may maintain the backup copy of the
					 electronic journal:
(1) on paper;
				  or
(2) as an electronic document on
				  a separate physical device.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter I - RESERVED FOR FUTURE CODIFICATION › Section .0400 › Section 07I .0403 - PRINTING OUT OF ELECTRONIC JOURNAL ENTRIES

Current through Register Vol. 39, No. 2, July 15, 2024
A notary public shall only use an electronic journal that
					 permits printing the contents.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter I - RESERVED FOR FUTURE CODIFICATION › Section .0400 › Section 07I .0404 - INCLUDING SIGNATURES IN JOURNAL

Current through Register Vol. 39, No. 2, July 15, 2024
A notary public who maintains an electronic journal shall
					 ensure that:
(1) the principals
				  acknowledge that their electronic signatures have been included in the journal
				  as signed on the documents in the transaction;
(2) the designee signs the principal's name
				  pursuant to
				  G.S.
				  10B-20(e) as signed on the
				  documents in the transaction and the notary then includes the signature in the
				  journal; or
(3) the credible
				  witness signs his or her name and the notary then includes the signature in the
				  journal.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter I - RESERVED FOR FUTURE CODIFICATION › Section .0400 › Section 07I .0405 - TECHNOLOGICAL ISSUES

Current through Register Vol. 39, No. 2, July 15, 2024
A notary public who maintains an electronic journal shall
					 note in the journal complete or partial technological failures that lead the
					 notary to terminate the transaction pursuant to 07F .1107.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter I - RESERVED FOR FUTURE CODIFICATION › Section .0400 › Section 07I .0406 - PRE-POPULATED DATA TO BE CONFIRMED BY NOTARY PUBLIC

Current through Register Vol. 39, No. 2, July 15, 2024
A notary public may enter the information listed in Rules
					 .0302 and .0303 of this Subchapter in an electronic journal by:
(1) reviewing each individual item of
				  information offered as an option or by pre-population; and
(2) confirming that offered information is
				  accurate by selecting:
(a) the offered
				  information; or
(b) the accurate
				  item from among other options offered.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter I - RESERVED FOR FUTURE CODIFICATION › Section .0400 › Section 07I .0407 - STEPS BEFORE COMMITTING AN ELECTRONIC JOURNAL ENTRY

Current through Register Vol. 39, No. 2, July 15, 2024
Before committing an electronic journal entry, a notary
					 public shall:
(1) review the
				  information entered for accuracy; and
(2) correct any errors in the
				  entry.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter J - REQUIREMENTS FOR TECHNOLOGY TO CONDUCT ELECTRONIC NOTARIZATION › Section .0200 - PROCESS FOR APPROVAL FOR AVEN TECHNOLOGY TO CONDUCT ELECTRONIC NOTARIZATION › Section 07J .0201 - ELECTRONIC NOTARY SOLUTION PROVIDER APPLICATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any
				  person or entity applying to the Department for designation as an approved
				  electronic notary solution provider must complete and submit an application to
				  the Department for review and approval before authorizing any electronic notary
				  seals or electronic signatures to North Carolina electronic notaries. The
				  application shall include the following information:
(1) Hardware and software specifications and
				  requirements for the provider's electronic notarization system,
(2) A description of the type(s) of
				  technology used in the provider's electronic notarization system, and
(3) A demonstration of how the technology is
				  used to perform an electronic notarization.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter J - REQUIREMENTS FOR TECHNOLOGY TO CONDUCT ELECTRONIC NOTARIZATION › Section .0400 - IN-PERSON ELECTRONIC NOTARIZATION (AVEN) PROVIDER REQUIREMENTS › Section 07J .0401 - RESERVED FOR FUTURE CODIFICATION

Current through Register Vol. 39, No. 2, July 15, 2024
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter J - REQUIREMENTS FOR TECHNOLOGY TO CONDUCT ELECTRONIC NOTARIZATION › Section .0400 - IN-PERSON ELECTRONIC NOTARIZATION (AVEN) PROVIDER REQUIREMENTS › Section 07J .0402 - CRITERIA FOR APPROVAL OF ELECTRONIC NOTARY SOLUTION PROVIDERS

Current through Register Vol. 39, No. 2, July 15, 2024
Each applicant and each approved electronic notary solution
					 provider shall:
(1) Provide a free and
				  readily available viewer/reader so as to enable all parties relying on the
				  electronically notarized record or document to view the electronic notary
				  signature and the electronic notary seal without incurring any cost;
(2) Comply with the laws, policies, and rules
				  that govern North Carolina notaries;
(3) Provide an electronic notarization system
				  or solution that complies with the technical specifications of the rules and
				  standards that govern electronic notarization processes and procedures in North
				  Carolina;
(4) Require such of the
				  provider's principals or employees to take the mandatory electronic notary
				  education course online and pass the required examination as is necessary to
				  ensure the provider possesses sufficient familiarity with North Carolina's
				  electronic notary laws and requirements;
(5) Require notaries to present the NC
				  Secretary of State's Electronic Notary Certificate to Perform Electronic Notary
				  Acts prior to authorizing an electronic notary seal and signature;
(6) Verify the authorization of a North
				  Carolina notary to perform electronic notary acts by logging on to the
				  Department's website and comparing the name, notary commission number and
				  commission expiration date with the information on the Electronic Notary
				  Certificate to Perform Electronic Notary Acts prior to authorizing an
				  electronic notary seal and signature;
(7) Provide prorated fees to align the usage
				  and cost of the electronic notary system or solution with the commission term
				  limit of the electronic notary purchasing the electronic notary seal and
				  signature;
(8) Suspend the use of
				  any electronic notarization system or solution for any notary whose commission
				  has been revoked or suspended by the North Carolina Secretary of State;
				  and
(9) Submit an exemplar of the
				  electronic notary signature and the electronic notary seal to the Department
				  for each electronic notary who subscribes to the provider's electronic notary
				  solution.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter J - REQUIREMENTS FOR TECHNOLOGY TO CONDUCT ELECTRONIC NOTARIZATION › Section .0600 - CONTINUING OBLIGATIONS OF ELECTRONIC NOTARIZATION TECHNOLOGY PROVIDERS › Section 07J .0601 - ELECTRONIC NOTARY SOLUTION PROVIDER CHANGES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An
				  electronic notary solution provider shall notify the Department within 45 days
				  of changes, modifications or updates to information previously submitted to the
				  Department.
(b) An approved
				  electronic notary solution provider shall obtain approval of the Department
				  pursuant to the Act and this Subchapter before making available to North
				  Carolina electronic notaries any updates or subsequent versions of the
				  provider's electronic notarization system.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter K - MISCELLANEOUS RULES › Section .0100 - GENERAL › Section 07K .0101 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
For purposes of Chapter 10B of the General Statutes and the
					 Rules in this Chapter:
(1) "Approved"
				  means that an applicant has been authorized by the Department to provide
				  services as a technology provider in compliance with Chapter 10B of the General
				  Statutes and the rules in this Chapter. Technology providers licensed by the
				  Department are deemed approved.
(2)
				  "Armed Forces of the United States" means the persons described in
				  10 U.S.C.
				  101(a)(4) and
				  G.S.
				  143B-1224(2), including
				  their reserve components.
(3) "Bank
				  or financial institution" means a "depository institution" as defined in
				  G.S.
				  53-208.42(7).
(4) "Certificate of appointment" means a
				  document issued by the Department notifying a Register of Deeds that:
(a) the named appointee is authorized to take
				  the oath of office; and
(b) the
				  Register of Deeds or designee shall provide the commission certificate to the
				  notary public after:
(i) administering the
				  oath of office to the appointee; and
(ii) signing of the certificate by both the
				  Register of Deeds or designee, and the notary.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter K - MISCELLANEOUS RULES › Section .0200 - CHARGING FEES FOR NOTARIAL ACTS › Section 07K .0201 - TRAVEL FEE RATE

Current through Register Vol. 39, No. 2, July 15, 2024
A notary public who charges travel fees shall refer to the
					 IRS website for the current federal business mileage rate prior to charging the
					 travel fee.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter K - MISCELLANEOUS RULES › Section .0200 - CHARGING FEES FOR NOTARIAL ACTS › Section 07K .0202 - ESTIMATE OF CHARGES

Current through Register Vol. 39, No. 2, July 15, 2024
In addition to the publication or provision of a notary
					 public's schedule of fees pursuant to
					 G.S.
					 10B-32, if a principal requests a fee
					 estimate from a notary, the notary shall provide an estimate that
					 includes:
(1) the estimated total fee;
				  and
(2) the basis for the estimated
				  charges.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter K - MISCELLANEOUS RULES › Section .0200 - CHARGING FEES FOR NOTARIAL ACTS › Section 07K .0203 - Inclusion of fees in journal

Current through Register Vol. 39, No. 2, July 15, 2024
A notarial journal maintained pursuant to the rules in
					 Subchapter I of this Chapter shall include, with regard to a specific notarial
					 act for which fees were charged:
(1)
				  how much the notary public charged for each notarial act performed;
				  and
(2) if travel reimbursement was
				  charged:
(a) the actual reimbursement
				  charged; and
(b) the fee charged
				  per mile.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter K - MISCELLANEOUS RULES › Section .0200 - CHARGING FEES FOR NOTARIAL ACTS › Section 07K .0204 - CONSENT TO TRAVEL FEES MAY BE ELECTRONIC

Current through Register Vol. 39, No. 2, July 15, 2024
A notary public who charges travel fees pursuant to
					 G.S.
					 10B-31(5) may obtain the
					 advance consent of the principal in writing and delivered in any manner agreed
					 upon by the notary and the principal.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter K - MISCELLANEOUS RULES › Section .0200 - CHARGING FEES FOR NOTARIAL ACTS › Section 07K .0205 - CONTENTS OF ADVANCE CONSENT TO TRAVEL FEES

Current through Register Vol. 39, No. 2, July 15, 2024
A notary public who charges travel fees shall obtain
					 advance written consent of the principal that includes the following
					 information:
(1) date of the
				  consent;
(2) name of the
				  principal;
(3) name of the
				  notary;
(4) estimated mileage that
				  the notary will charge;
(5) fee per
				  mile that the notary will charge; and
(6) planned date of the notary's
				  travel.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 07 - NOTARY PUBLIC DIVISION › Subchapter K - MISCELLANEOUS RULES › Section .0200 - CHARGING FEES FOR NOTARIAL ACTS › Section 07K .0206 - NOTARIAL RECORD OF WRITTEN CONSENT TO TRAVEL FEES

Current through Register Vol. 39, No. 2, July 15, 2024
A notary public who charges travel fees shall preserve the
					 advance written consent as a notarial record:
(1) in the notary's journal; or
(2) if written consent is not included in a
				  journal, then a record of the written consent including the contents required
				  by Rule .0205 of this Section shall be maintained by the notary.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 08 - LAND RECORDS MANAGEMENT DIVISION › Section .0100 - GENERAL › Section 08 .0101 - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
The purpose of the Land Records Management Division is to
				  encourage county governments to utilize modern methods, techniques, equipment,
				  and documentation which will improve the quality of public services with
				  respect to land records and achieve a high degree of standardization throughout
				  the state. The program provides technical assistance and grant funds for the
				  improvement of county land records. Since the funds available in any one year
				  are sufficient to meet only a part of the total need, in making grants the
				  state will consider:
(1) the creation
				of a more efficient standardized land record system; and
(2) the willingness and ability of local
				government units to meet their responsibilities through sound fiscal policies,
				creative planning, and efficient operations and management.
Authority
				  G.S.
				  102-15;
				  147-54.3;
Eff.
				  February 27, 1979;
Transferred from
				  01 NCAC
				  21 effective August 25, 1986;
Amended Eff. November 1, 1994;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. September 23,
				  2017.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 08 - LAND RECORDS MANAGEMENT DIVISION › Section .0100 - GENERAL › Section 08 .0102 - FUNCTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The Land Records Management Division shall provide statewide
				  coordination, technical advice, policy guidance, and financial assistance to
				  county governments with respect to all records pertaining to land
				  parcels.
Authority
				  G.S.
				  102-15 through
				  102-17;
				  147-54.3;
Eff.
				  February 27, 1979;
Transferred from T01.21 effective August 25,
				  1986;
Amended Eff. November 1, 1994;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. September 23,
				  2017.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 08 - LAND RECORDS MANAGEMENT DIVISION › Section .0100 - GENERAL › Section 08 .0103 - COUNTY PARTICIPATION

Current through Register Vol. 39, No. 2, July 15, 2024
Participation by county governments in the land records
				  modernization program, as set forth in Sections .0100 through .1000 of this
				  Chapter is entirely voluntary and is initiated only by an action of the board
				  of county commissioners. If a board of commissioners chooses to initiate a land
				  records modernization program and applies for a grant from this Department, the
				  applicant shall adhere to all rules and procedures pursuant to Sections .0100
				  through .1000 of this Chapter.
Authority
				  G.S.
				  102-16;
				  147-54.3;
Eff.
				  February 27, 1979;
Transferred from T01.21 effective August 25,
				  1986;
Amended Eff. November 1, 1994;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. September 23,
				  2017.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 08 - LAND RECORDS MANAGEMENT DIVISION › Section .0100 - GENERAL › Section 08 .0104 - ADMINISTRATION

Current through Register Vol. 39, No. 2, July 15, 2024
Administration of the Land Records Management Division shall
				  be in accordance with the administrative rules prepared by the Secretary of
				  State and made available to county governments from the Land Records Management
				  Division , North Carolina Department of the Secretary of
				  State.
Authority
				  G.S.
				  102-17;
				  147-54.3;
Eff.
				  February 27, 1979;
Transferred from T01.21 effective August 25,
				  1986;
Amended Eff. November 1, 1994; April 1, 1990; April 1,
				  1988;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. September 23,
				  2017.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 08 - LAND RECORDS MANAGEMENT DIVISION › Section .0100 - GENERAL › Section 08 .0105 - DEFINITIONS OF TERMS

Current through Register Vol. 39, No. 2, July 15, 2024
The definitions in this Rule shall apply to the terms used in
				  this Chapter:
(1) "Act" means the Act
				to Provide Assistance to Counties for Improvement of Land Records, Chapter
				1099, 1977 N.C. Session Laws.
(2)
				"Applicant" means a board of county commissioners.
(3) "Department" means the North Carolina
				Department of the Secretary of State.
(4) "Division" means the Land Records
				Management Program established in
				G.S.
				147-54.3 and the statewide program for
				improvement of county land records.
(5) "Effective Date of Receipt of
				Applications" means the first day of the next quarter of the fiscal year (July
				1, October 1, January 1, April 1) following actual receipt of the application
				in the Department.
(6) "Grant
				Allotment" means an agreement to pay grant funds in a lump sum or in
				installments to an applicant in accordance with the terms of the agreement. For
				this purpose, allotments shall in no case exceed one dollar ($1.00) for every
				dollar of local tax funds expended on the project by the County. Federal or
				other state funds available to the project will not be eligible as matching
				money under the state program.
(7)
				"Inspection" means inspection or inspections of a project for which a grant has
				been made under the Act to determine compliance with applicable state and local
				laws and rules.
(8) "Project" means
				the work or works described in the application for a state grant, and which is
				to be undertaken by the County if a state grant is awarded and other required
				funds are obtained. It does not include any expansion of the project described
				in the application except as may be permitted under the provisions of Rule
				.0502 of this Chapter.
Authority
				  G.S.
				  102-15;
				  102-16;
				  102-17;
				  147-54.3;
Eff.
				  November 1, 1994;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. September 23,
				  2017.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 08 - LAND RECORDS MANAGEMENT DIVISION › Section .0200 - DEFINITIONS › Section 08 .0201-.0209

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  102-15 through
				  102-17;
				  143-345.6;
Eff.
				  February 27, 1979;
Transferred from T01.21 effective August 25,
				  1986;
Amended Eff. April 1, 1990; April 1, 1988;
Repealed Eff. November 1, 1994.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 08 - LAND RECORDS MANAGEMENT DIVISION › Section .0300 - PROJECTS › Section 08 .0301 - ELIGIBLE PROJECTS

Current through Register Vol. 39, No. 2, July 15, 2024
Grants are available for projects which constitute one or
				  more phases of a plan to standardize the county land records management
				  systems. Any such plan must describe the work to be undertaken in relation to
				  the county's revaluation schedule, and shall be shown to be a part of a larger
				  undertaking for achieving ultimate long-term improvement in the land records
				  maintained by the county register of deeds, the county tax supervisor, or other
				  county offices.
Authority
				  G.S.
				  102-15 through
				  102-17;
				  143-345.6;
Eff.
				  February 27, 1979;
Transferred from T01.21 effective August 25,
				  1986;
Amended Eff. April 1, 1988;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. September 23,
				  2017.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 08 - LAND RECORDS MANAGEMENT DIVISION › Section .0300 - PROJECTS › Section 08 .0302 - DESCRIPTION OF PROJECTS

Current through Register Vol. 39, No. 2, July 15, 2024
Projects may include preparation of base maps, preparation of
				  cadastral maps, utilization of a standard parcel identifier, or preparation and
				  implementation of automated processing of land parcel records, as set forth in
				  G.S.
				  102-17.
Authority
				  G.S.
				  102-17;
				  143-345.6;
				  161-22.2;
Eff.
				  February 27, 1979;
Transferred from T01.21 effective August 25,
				  1986;
Amended Eff. April 1, 1988;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. September 23,
				  2017.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 08 - LAND RECORDS MANAGEMENT DIVISION › Section .0400 - ELIGIBLE APPLICANTS › Section 08 .0401 - COUNTY COMMISSIONERS

Current through Register Vol. 39, No. 2, July 15, 2024
The board of county commissioners of each county shall be
				  eligible to apply for grants to assist in the financing of
				  projects.
Authority
				  G.S.
				  102-15 through
				  102-17;
				  143-345.6;
Eff.
				  February 27, 1979;
Transferred from T01.21 effective August 25,
				  1986;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. September 23,
				  2017.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 08 - LAND RECORDS MANAGEMENT DIVISION › Section .0400 - ELIGIBLE APPLICANTS › Section 08 .0402 - QUALIFICATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
No applicant shall be eligible for the award of a grant
				  unless it demonstrates to the satisfaction of the Department the
				  following:
(1) the applicant is a
				board of county commissioners;
(2)
				the applicant has the financial capacity to provide its share of the project
				costs. To the extent that the costs are to be provided on a pay-as-you-go
				basis, the full amount indicated from this source shall be represented by cash
				on hand or cash expected to be included in the applicant's annual budget for
				the years in which payments under the project contract will be due. To the
				extent that borrowed funds are anticipated, the applicant shall certify that
				the additional debt, together with the applicant's existing debt, is within the
				debt limitation provisions of the general laws of the state. In making this
				determination, the Department may, in its discretion, seek the comments of the
				secretary of the local government commission when the applicant proposes the
				use of borrowed funds; and
(3) the
				applicant has complied or will comply with all applicable laws, rules, and
				ordinances, state and local.
Authority
				  G.S.
				  102-15;
				  102-17;
				  147-54.3;
Eff.
				  February 27, 1979;
Transferred from T01.21 effective August 25,
				  1986;
Amended Eff. November 1, 1994; April 1, 1990; April 1,
				  1988;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. September 23,
				  2017.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 08 - LAND RECORDS MANAGEMENT DIVISION › Section .0500 - FUNDING › Section 08 .0501 - GRANT LIMITATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Grants shall be made in such amount as the Department shall
				  deem necessary or appropriate under the circumstances of the grant application,
				  but in no event shall any grant award exceed one dollar for every dollar of
				  local tax funds expended on the project by the county.
Authority
				  G.S.
				  102-15;
				  102-17;
				  147-54.3;
Eff.
				  February 27, 1979;
Transferred from T01.21 effective August 25,
				  1986;
Amended Eff. November 1, 1994; April 1, 1990; April 1,
				  1988;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. September 23,
				  2017.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 08 - LAND RECORDS MANAGEMENT DIVISION › Section .0500 - FUNDING › Section 08 .0502 - SUPPLEMENTAL GRANTS

Current through Register Vol. 39, No. 2, July 15, 2024
Supplemental grants may be made for those approved projects
				  for which a grant has already been awarded provided that additional matching
				  funds are available and the supplemental grant is required for continued
				  improvement in the county land records management program.
Authority
				  G.S.
				  102-15;
				  102-17;
				  143-345.6;
Eff.
				  February 27, 1979;
Transferred from T01.21 effective August 25,
				  1986;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. September 23,
				  2017.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 08 - LAND RECORDS MANAGEMENT DIVISION › Section .0500 - FUNDING › Section 08 .0503 - ELIGIBLE PROJECT COSTS

Current through Register Vol. 39, No. 2, July 15, 2024
Eligible costs may include the cost of purchase or
				  acquisition of capital equipment or interests therein. Eligible costs are
				  limited to the actual costs of the work or works described in the project
				  application for a state grant and do not include recurring annual expenditures
				  for administration, repairs, operation and maintenance of any land records
				  management systems. No interest cost will be allowed.
Authority
				  G.S.
				  102-15;
				  102-17;
				  143-345.6;
Eff.
				  February 27, 1979;
Transferred from T01.21 effective August 25,
				  1986;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. September 23,
				  2017.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 08 - LAND RECORDS MANAGEMENT DIVISION › Section .0600 - APPLICATIONS › Section 08 .0601 - SUBMITTING APPLICATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Applications for project grants for improvement or expansion
				  of land records management systems shall be submitted to the Division on the
				  Land Records Management Grant Application. Applications and all supporting
				  documentation shall be submitted in such number and in such form as
				  specified.
Authority
				  G.S.
				  102-15;
				  102-17;
				  147-54.3;
Eff.
				  February 27, 1979;
Transferred from T01.21 effective August 25,
				  1986;
Amended Eff. November 1, 1994; April 1, 1990; April 1,
				  1988;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. September 23,
				  2017.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 08 - LAND RECORDS MANAGEMENT DIVISION › Section .0600 - APPLICATIONS › Section 08 .0602 - INSUFFICIENT INFORMATION

Current through Register Vol. 39, No. 2, July 15, 2024
Any application which does not contain information sufficient
				  to permit the Department to determine either the eligibility of the applicant
				  or the assignment of a priority shall not be deemed as received until such
				  information is furnished by the applicant to the Departments.
Authority
				  G.S.
				  102-15;
				  102-17;
				  147-54.3;
Eff.
				  February 27, 1979;
Transferred from T01.21 effective August 25,
				  1986;
Amended Eff. November 1, 1994; April 1, 1990; April 1,
				  1988;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. September 23,
				  2017.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 08 - LAND RECORDS MANAGEMENT DIVISION › Section .0600 - APPLICATIONS › Section 08 .0603 - ADDITIONAL INFORMATION

Current through Register Vol. 39, No. 2, July 15, 2024
An applicant shall furnish information supplemental to the
				  information contained in its application and supporting documentation upon
				  request by the Department.
Authority
				  G.S.
				  102-15;
				  102-17;
				  147-54.3;
Eff.
				  February 27, 1979;
Transferred from T01.21 effective August 25,
				  1986;
Amended Eff. November 1, 1994; April 1, 1990; April 1,
				  1988;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. September 23,
				  2017.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 08 - LAND RECORDS MANAGEMENT DIVISION › Section .0600 - APPLICATIONS › Section 08 .0604 - AMENDMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
An applicant may amend a pending application to include
				  additional data or information in support of its original application at any
				  time prior to the date on which the final priority to be assigned to the
				  application is determined.
Authority
				  G.S.
				  102-15;
				  102-17;
				  143-345.6;
Eff.
				  February 27, 1979;
Transferred from T01.21 effective August 25,
				  1986;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. September 23,
				  2017.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 08 - LAND RECORDS MANAGEMENT DIVISION › Section .0600 - APPLICATIONS › Section 08 .0605 - WITHDRAWAL

Current through Register Vol. 39, No. 2, July 15, 2024
An application may be withdrawn from consideration upon
				  request of the applicant and, if resubmitted, shall be considered as a new
				  application.
Authority
				  G.S.
				  102-15;
				  102-17;
				  143-345.6;
Eff.
				  February 27, 1979;
Transferred from T01.21 effective August 25,
				  1986;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. September 23,
				  2017.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 08 - LAND RECORDS MANAGEMENT DIVISION › Section .0700 - DETERMINATION OF ELIGIBILITY › Section 08 .0701 - ELIGIBLE APPLICATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each
				application, and supporting documents, shall be reviewed by the Department to
				determine if it contains all required information and meets grant eligibility
				requirements.
(b) Each applicant
				will be notified by the Department within 30 days of the actual date of receipt
				of the application, of its eligibility for consideration for a project grant
				award.
(c) Eligible applications
				will be processed for priority determination for a grant award in accordance
				with these Rules.
Authority
				  G.S.
				  102-15;
				  102-17;
				  147-54.3;
Eff.
				  February 27, 1979;
Transferred from T01.21 effective August 25,
				  1986;
Amended Eff. November 1, 1994; April 1, 1990; April 1,
				  1988;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. September 23,
				  2017.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 08 - LAND RECORDS MANAGEMENT DIVISION › Section .0700 - DETERMINATION OF ELIGIBILITY › Section 08 .0702 - INELIGIBLE APPLICATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Ineligible applications will be returned to the applicant
				  along with appropriate explanation of the eligibility.
Authority
				  G.S.
				  102-15;
				  102-17;
				  143-345.6;
Eff.
				  February 27, 1979;
Transferred from T01.21 effective August 25,
				  1986;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. September 23,
				  2017.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 08 - LAND RECORDS MANAGEMENT DIVISION › Section .0800 - CRITERIA FOR EVALUATION OF ELIGIBLE APPLICATIONS › Section 08 .0801 - PRIORITIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each eligible
				application shall be assigned a priority for grant funds through use of the
				point system outlined in this Section.
(b) In determining the priority to be
				assigned to each eligible application, the Department will give consideration
				to the following factors:
(1) Primary
				consideration shall be given to those counties with long-range plans for the
				modernization of their land records.
(2) Consideration shall be given to those
				counties which demonstrate a willingness to cooperate with all county offices
				involved with land records.
(3)
				Consideration shall be given to those counties which have allocated funds for
				the modernization of land records.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 08 - LAND RECORDS MANAGEMENT DIVISION › Section .0800 - CRITERIA FOR EVALUATION OF ELIGIBLE APPLICATIONS › Section 08 .0802 - CATEGORIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Applications
				shall be separated into categories for assignment of priority points.
(b) Separate priorities will be established
				within each of the following categories:
(1)
				county has plan which has not been initiated;
(2) county has initiated its plan and
				prepared base maps;
(3) county has
				initiated its plan and prepared cadastral maps;
(4) county has initiated its plan and
				assigned parcel identifiers;
(5)
				county has initiated its plan and implemented an automated system.