North Carolina § 10B-65 - Acts of notaries public in certain instances validated.

§ 10B-65. Acts of notaries public in certain instances validated.

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 effect as if the person qualified as a notary public at the time the person performed the act. All documents bearing a notarial seal and that contain any of the following errors are validated and given the same legal effect as if the errors had not occurred: The date of the expiration of the notary's commission is stated, whether correctly or erroneously. The notarial seal does not contain a readable impression of the notary's name, contains an incorrect spelling of the notary's name, or does not bear the name of the notary exactly as it appears on the commission, as required under G.S. 10B-37. The notary's signature does not comport exactly with the name on the notary commission or on the notary seal, as required by G.S. 10B-20. The notarial seal contains typed, printed, drawn, or handwritten material added to the seal, fails to contain the words "North Carolina" or the abbreviation "NC", or contains correct information except that instead of the abbreviation for North Carolina contains the abbreviation for another state. The date of the acknowledgement, the verification or proof, or the oath or affirmation states the correct day and month but lacks a year or states an incorrect year. All deeds of trust in which the notary was named in the document as a trustee only are validated. All notary acknowledgments performed before July 1, 2013, bearing a notarial seal are validated. This section applies to notarial acts performed on or before April 1, 2021. History (1945, c. 665; 1947, c. 313; 1949, c. 1; 1953, c. 702; 1961, cc. 483, 734; 1965, c. 37; 1969, c. 83; c. 716, s. 1; 1971, c. 229, s. 1; 1973, c. 680, s. 1; 1977, c. 734, s. 1; 1979, c. 226, s. 2; c. 643, s. 1; 1981, c. 164, ss. 1, 2; 1983, c. 205, s. 1; 1985, c. 71, s. 1; 1987, c. 277, s. 9; 1989, c. 390, s. 9; 1991, c. 683, s. 2; 1997-19, s. 1; 1997-469, s. 2; 1998-228, s. 10; 1999-21, s. 2; 2001-154, s. 1; 2002-159, s. 27; 2003-38, s. 1; 2004-199, s. 6.; 2005-391, s. 4; 2008-194, s. 5; 2013-204, s. 1.5; 2021-91, s. 4(a).) Editor's Note. - Session Laws 2005-391, s. 4, enacted this section as G.S. 10B-36. It has been renumbered as this section at the direction of the Revisor of Statutes. Effect of Amendments. - Session Laws 2004-199, s. 6, effective August 17, 2004, substituted "February 1, 2004" for "March 1, 2003" in subsection (d). Session Laws 2008-194, s. 5, effective August 8, 2008, substituted "May 1, 2008" for "February 1, 2004" in subsection (e). Session Laws 2013-204, s. 1.5, effective June 26, 2013, added subdivision (b)(5); substituted "December 1, 2005" for "January 1, 1953" in subsection (d); and substituted "April 1, 2013" for "May 1, 2008" in subsection (e). Session Laws 2021-91, s. 4(a), effective October 1, 2021, in subsection (a), deleted "hereby” preceding "validated” in the first sentence, and "shall” following "instrument” in the last sentence; substituted "that contain” for "which contain” in subsection (b); in subsection (d), substituted "July 1, 2013” for "December 1, 2005,” and deleted "hereby” preceding validated”; and substituted "April 1, 2021” for "April 1, 2021” in subsection (e).