North Carolina § 47-43 - 1. Execution and acknowledgment of instruments by attorneys or attorneys-in-fact.

§ 47-43. 1. Execution and acknowledgment of instruments by attorneys or attorneys-in-fact.

When an instrument purports to be executed by parties acting through another by virtue of a power of attorney, it shall be sufficient if the attorney or agent signs such instrument either in the name of the principal by the attorney or agent or signs as attorney or agent for the principal; and if such instrument purports to be under seal, the seal of the agent shall be sufficient. History (1949, c. 66, s. 1; 2017-153, s. 2.3.) Editor's Note. - Session Laws 1949, c. 66, s. 1, which added this section, provided that G.S. 47-43 was amended by adding this section at the end thereof. Section 2 of the act, read in conjunction with s. 4, provides that all instruments executed prior to February 11, 1949, which satisfy the requirements of the act, and are otherwise valid as to form and substance, shall be deemed sufficient and valid in law. Effect of Amendments. - Session Laws 2017-153, s. 2.3, effective January 1, 2018, substituted "agent" for "attorney-in-fact" throughout and deleted the last sentence which formerly read: "For such instrument to be executed under seal, the power of attorney must have been executed under seal." Legal Periodicals. - For brief comment on this section, see 27 N.C.L. Rev. 421 (1949).