UPDATE TO RENA (REMOTE ELECTRONIC NOTARIZATION)

New developments from the Secretary of State Elaine Marshall

No, RENA will not begin on July 1st, and there's nothing automatic about it. Although you may have heard July 1, 2023, as a "Go-Live" date, that is NOT what the statute says. July 1st is the date by which the Secretary of State "shall begin rulemaking to implement" RENA, and "no temporary or permanent rule shall become effective prior to July 1, 2023."

So, one might wonder when will North Carolina notaries be able to conduct remote electronic notarizations?

Drafting rules are labor intensive and time consuming. Besides creating new rules focused on RENA, some existing Notary and E-Notary rules also must be revised so they are consistent with the upcoming RENA rules. All rules must be adopted in accordance with the very deliberative notice-and-comment provisions of the Administrative Procedure Act and must meet the standards established by an independent body, the North Carolina Rules Review Commission. 

The Secretary of State started work last Summer. Comments to inform rulemaking are being collected now. Click here for further information.

Once rules are finally adopted, RENA launch preparation begins. Platforms and third-party vendors must apply, be screened and licensed, and then contract with North Carolina notaries. The Notary Manual must be revised to incorporate all the changes to the law and rules. Forms must be prepared to make it easier for applicants to provide essential information. All notary training must be updated, and community colleges engaged so North Carolina notaries may learn how the changes apply to them, and be trained, tested, and authorized to conduct remote electronic notarizations. We will also have to coordinate with the Registers of Deeds so that notaries receive the proper commission. All these tasks must be completed before the first RENA can be conducted.

So, when will North Carolina notaries be able to use RENA?

The short answer is we don’t yet know. But, just given the mandatory timelines that have to be met before we can adopt rules to even start the program, we expect it will be a year or more before the RENA is up and running.

There is little need for those planning to implement RENA to wait for RENA to be fully effective when the tools of IPEN and EVN can be utilized today to perform notarial acts.

It is highly likely that those who implement RENA will also incorporate IPEN and that both will be employed to service remote as well as in person customers.