North Carolina § 47-37 - 1. Other forms of proof.

§ 47-37. 1. Other forms of proof.

The proof and acknowledgment forms set forth in this Article are not exclusive. Without regard to whether an instrument presented for registration was signed by an individual acting in his or her own right or by an individual acting in a representative or fiduciary capacity, a notarial certificate that complies with the provisions of Part 6 of Article 1 or Part 5 of Article 2 of Chapter 10B of the General Statutes is deemed a sufficient form of probate or acknowledgment for purposes of this Chapter. Use of a notarial certificate that satisfies the requirements of Part 6 of Article 1 or Part 5 of Article 2 of Chapter 10B of the General Statutes is not a ground for a register of deeds to refuse to accept a record for registration. When an instrument presented for registration purports to be signed by an individual in a representative or fiduciary capacity, the acknowledgment or proof of that individual's signature may do any of the following: State that the individual signed the instrument in a representative or fiduciary capacity. State that the individual who signed the instrument in a representative or fiduciary capacity had authority to do so. Identify the represented person or the fiduciary capacity. This section relates only to the form of proof or acknowledgment. The capacity and authority of the individual who signs an instrument presented for registration are governed by other provisions of law. Repealed by Session Laws 2021-91, s. 7, effective October 1, 2021. History (2005-391, s. 9; 2006-59, s. 27; 2021-91, s. 7.) Effect of Amendments. - Session Laws 2006-59, s. 27, effective October 1, 2006, and except as otherwise set forth in this act, applicable to notarial acts performed on or after that date, added "or fiduciary" throughout the section preceding "capacity"; deleted "(G.S. 10B-25 et. seq.)" following "Article 1 of Chapter 10B " in the second sentence of subsection (a); substituted "may" for "may, but is not required to" at the end of subsection (b); substituted "the fiduciary capacity" for "entity" in subdivision (b)(3); and added subsections (c) and (d). Session Laws 2021-91, s. 7, effective October 1, 2021, rewrote subsection (a); inserted "do any of the following” in subsection (b); deleted "due” preceding "authority” in subdivision (b)(2); and repealed subsection (d), which read: "This section applies to proofs and acknowledgments made before, on, or after December 1, 2005.”