§ 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-100 – Short title.
10B-100. Short title. This Article is the Electronic Notary Public Act and may be cited by that name. (2005-391, s. 4.)
§ 10B-51 – Change of name.
10B-51. Change of name. (a) Within 45 days after the legal change of a notary’s name, the notary shall send to the Secretary by fax, e-mail, or certified mail, return receipt requested, a signed notice of the change. The notice shall include both the notary’s former name and the notary’s new name. (b) A notary […]
§ 10B-52 – Change of county.
10B-52. Change of county. (a) A notary who has moved to another county in North Carolina remains commissioned until the current commission expires, is not required to obtain a new seal, and may continue to notarize without changing his or her seal. (b) When a notary who has moved applies to be recommissioned, if the […]
§ 10B-53 – Change of both name and county.
10B-53. Change of both name and county. Within 45 days after the legal change of a notary’s name, and if the notary has also moved to a different county than as last commissioned, the notary shall submit to the Secretary a recommissioning application and fee pursuant to this Chapter. The notary may continue to perform […]