§ 10B-60 – (Effective until July 1, 2023) Enforcement and penalties.
10B-60. Enforcement and penalties. (a) The Secretary may issue a warning to a notary or restrict, suspend, or revoke a notarial commission for a violation of this Chapter and on any ground for which an application for a commission may be denied under this Chapter. Any period of restriction, suspension, or revocation shall not extend […]
§ 10B-65 – Acts of notaries public in certain instances validated.
10B-65. Acts of notaries public in certain instances validated. (a) Any acknowledgment taken and any instrument notarized by a person prior to qualification as a notary public but after commissioning or recommissioning as a notary public, or by a person whose notary commission has expired, is validated. The acknowledgment and instrument have the same legal […]
§ 10B-66 – Certain notarial acts validated.
10B-66. Certain notarial acts validated. (a) Any acknowledgment taken and any instrument notarized by a person whose notarial commission was revoked on or before January 30, 1997, is hereby validated. (b) This section applies to notarial acts performed on or before August 1, 1998. (2005-391, s. 4.)
§ 10B-67 – Erroneous commission expiration date cured.
10B-67. Erroneous commission expiration date cured. An erroneous statement of the date that the notary’s commission expires shall not affect the sufficiency, validity, or enforceability of the notarial certificate or the related record if the notary is, in fact, lawfully commissioned at the time of the notarial act. This section applies to notarial acts whenever […]
§ 10B-68 – Technical defects cured.
10B-68. Technical defects cured. (a) Technical defects, errors, or omissions in a notarial certificate shall not affect the sufficiency, validity, or enforceability of the notarial certificate or the related instrument or document. (b) Defects in the commissioning or recommissioning of a notary that are approved by the Department are cured. This subsection applies to commissions […]
§ 10B-69 – Official forms cured.
10B-69. Official forms cured. (a) The notarial certificate contained in a form issued by a State agency prior to April 1, 2021, is deemed to be a valid certificate so long as the certificate complied with the law at the time the form was issued. (b) The notarization using a certificate under subsection (a) of […]
§ 10B-70 – Certain notarial acts for local government agencies validated.
10B-70. Certain notarial acts for local government agencies validated. (a) Any acknowledgment taken and any instrument notarized for a local government agency by a person prior to qualification as a notary public but after commissioning or recommissioning as a notary public, by a person whose notary commission has expired, or by a person who failed […]
§ 10B-71 – Certain notarial acts validated when recommissioned notary failed to again take oath.
10B-71. Certain notarial acts validated when recommissioned notary failed to again take oath. Any acknowledgment taken and any instrument notarized by a person who after recommissioning failed to again take the oath as a notary public is validated. The acknowledgment and instrument have the same legal effect as if the person qualified as a notary […]
§ 10B-99 – Presumption of regularity.
10B-99. Presumption of regularity. (a) In the absence of evidence of fraud on the part of the notary, or evidence of a knowing and deliberate violation of this Article by the notary, the courts shall grant a presumption of regularity to notarial acts so that those acts may be upheld, provided there has been substantial […]
§ 10B-43 – Notarial certificate for an oath or affirmation.
10B-43. Notarial certificate for an oath or affirmation. (a) When properly completed by a notary, a notarial certificate that substantially complies with either of the following forms may be used and shall be sufficient under the law of this State to satisfy the requirements for a notarial certificate for an oath or affirmation. The authorization […]