Legislation
State: North Carolina
Signed: August 03, 2006
Effective: August 03, 2006
Chapter: 2006-199
SummarySenate Bill 1375 makes technical corrections to the North Carolina Notary Public Act as recommended by the General Statutes Commission.
AffectsAmends North Carolina General Statutes 10B-68 and 47-41.2, and changes the effective date of G.S. 10B-99 as enacted in Section 24 of Session Law 2006-59
Changes
- Sets an effective date of December 1, 2005, for the law “curing” insignificant technical defects, errors and omissions in Notary certificates. This is the date last year’s major Notary law revision took effect.
- Also sets a December 1, 2005, effective date for “curing” any Notary commissions issued through a defective commissioning process.
- Effective upon SB 1375 becoming law, clarifies that any irregularities or defects in the affixation of a Notary seal required under G.S. 10B-37(f), or the date of the Notary’s commission expiration required under G.S. 10B-67, or the absence of the legible appearance of the Notary’s name exactly as shown on the commission required by G.S. 10B-20(b) that have been cured apply to certificates made by a Notary on or after December 1, 2005.
- Clarifies that G.S. 10B-99 – which compels the courts to grant a presumption of regularity to Notary certificates issued in substantial compliance with the law and absent of fraud or a deliberate violation by a Notary – is effective immediately upon SB 1375 becoming law and not on October 1, 2006 as previously enacted in Session Law 2006-59.
- Effective July 1, 2006, clarifies that errors or omissions in a Notary certificate or probate form made on or after December 1, 2005, shall not affect the sufficiency, validity or enforceability of these forms and that a register of deeds may not refuse to accept a document for recording on account of the errors or omissions in the Notary certificate or probate form.
AnalysisSenate Bill 1375 makes technical corrections to the North Carolina Notary Public Act as recommended by the General Statutes Commission. This is the second “clean up” bill passed by the North Carolina General Assembly in the wake of enactment of Senate Bill 671 of 2005, which dramatically revised North Carolina’s Notary laws. Thus, Senate Bill 1375 “mops up” after House Bill 1432, which “mopped up” after Senate Bill 671.
Read Senate Bill 1375.