North Carolina § 10B-68 - Technical defects cured.

§ 10B-68. Technical defects cured.

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. Defects in the commissioning or recommissioning of a notary that are approved by the Department are cured. This subsection applies to commissions and recommissions issued on or after December 1, 2005. As used in this section, a technical defect includes those cured under G.S. 10B-37(f) and G.S. 10B-67. Other technical defects include, but are not limited to, the absence of the legible appearance of the notary's name exactly as shown on the notary's commission as required in G.S. 10B-20(b), the affixation of the notary's seal near the signature of the principal or subscribing witness rather than near the notary's signature, minor typographical mistakes in the spelling of the principal's name, the failure to acknowledge the principal's name exactly as signed by including or omitting initials, or the failure to specify the principal's title or office, if any. History (2006-59, s. 24; 2006-199, s. 2; 2013-204, s. 1.7.) Effect of Amendments. - Session Laws 2006-199, s. 2, effective July 1, 2006, added the second sentence of subsection (a); added subsection (b); redesignated former subsection (b) as present subsection (c); and, in subsection (c), deleted "and defects in the commissioning or recommissioning of the notary that were approved by the Department under this Chapter" at the end of the second sentence and added the third sentence. Session Laws 2013-204, s. 1.7, effective June 26, 2013, deleted the former last sentence in subsection (a), which read: "This subsection applies to notarial certificates made on or after December 1, 2005"; and, in subsection (c), inserted "but are not limited to" and "the affixation of the notary's seal ... principal's title or office, if any," in the second sentence, and deleted the former last sentence, which read "This subsection applies to notarial certificates made on or after December 1, 2005."