North Carolina § 10B-99 - Presumption of regularity.

§ 10B-99. Presumption of regularity.

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 compliance with the law. Nothing in this Chapter modifies or repeals the common law doctrine of substantial compliance in effect on November 30, 2005. A notarial act shall be deemed valid if it complies with the law as it existed on or before December 1, 2005. This section applies to notarial acts whenever performed. History (2006-59, s. 24; 2006-199, s. 4; 2013-204, s. 1.10.) Editor's Note. - Session Laws 2006-59, s. 33, as amended by Session Laws 2006-199, s. 4, made this section effective July 3, 2006, and except as otherwise set forth in the act, applicable to notarial acts performed on or after that date. Effect of Amendments. - Session Laws 2013-204, s. 1.10, effective June 26, 2013, in subsection (b), deleted "performed before October 1, 2006" following "A notarial act" in the first sentence, and added the second sentence.