The Rulebook on REN
By the North Carolina Department of the Secretary of State
Whether it is Game 7 of the World Series, a knock-down, drag-out game of Monopoly, or a drive down I-40, they all have rules we must follow. Have you ever wanted to have input into the rulebook? Now is your chance for all of those who are interested in the new Remote Electronic Notarization Act (RENA). The Secretary of State will be taking comments on its Advance Notice of Proposed Rulemaking (ANPR) #1 until November 30, 2022.
N.C. Session Law 2022-54, or RENA, obligates the Secretary of State’s office to adopt permanent rules on a large number of topics that affect how a remotely located principal will be able to have their identities confirmed by notaries located in North Carolina. There is widespread interest in this new law and the implementation of RENA. It will likely serve as a national model for other states. The agency’s goal is to establish a system that will continue to promote public confidence in the reliability of signatures and the identification of remotely located principals, and that transactions are not rejected for a variety of reasons, including fraud.
RENA was signed into law on July 8, 2022. RENA primarily amends Article 2 of Chapter 10B, the Notary Public Act, in the North Carolina General Statutes. Adoption of RENA was a direct outcome of the global pandemic, which increased economic activity being conducted remotely, and established the necessity to conduct crucial business, legal, health care, and other transactions safely, securely, and efficiently in the rapidly changing remote environment.
The Secretary of State’s office is not required to request public comment at this stage of the rulemaking process. The official public comment period will come when the Agency publishes proposed rules in the North Carolina Register. However, the new law was adopted with a strong stakeholder process and, to continue that practice, the agency is now seeking public input with an ANPR.
The first of two ANPRs is available for review and comment. A second ANPR, specifically seeking input regarding the technical features, specifications, and standards applicable to the communication required as part of the REN process is forthcoming. Please take the time to review the ANPR and submit your comments to the Secretary of State to help make sure we have the most successful remote electronic notarization program in the country.