NC Senate Bill 847 | NNA

NC Senate Bill 847

Notary Law Update: NC Senate Bill 847

State: North Carolina

Summary:

Senate Bill 847 is a “curative” statute that corrects or validates certain notarial acts performed after August 28, 2010 and January 12, 2012 by appointed Notaries Public who did not take the oath of office to renew their commissions.

Signed:  July 17, 2012

Effective:  August 02, 2012

Chapter: 2012-194

Affects:

Adds Section 10B-72 to the North Carolina General Statutes

Changes:
  1. Validates notarial acts performed after August 28, 2010, and before January 12, 2012, by a Notary who after recommissioning failed to again take the oath as a Notary. The acknowledgment and instrument has the same legal effect as if the person qualified as a Notary.
Analysis:

In North Carolina, a person appointed as a Notary Public must swear an oath of office before the local register of deeds within 45 days of the issuance of the commission. So what happens when a person fails to take the oath of office, begins notarizing, and a notarization he or she performs becomes the subject of a dispute or lawsuit? Is the notarization nullified because the person was not in fact a Notary? Senate Bill 847 was enacted to address situations like this. It validates notarial acts performed after August 28-2010 and before January 12, 2012 by persons who did not take the oath of office. North Carolina already has a similar statute on the books for notarial acts performed between May 15, 2004 and July 8, 2009. The rationale for these “curative” statutes is that except for the oath, the notarization was properly performed. Thus, a person who had his signature notarized by a Notary who failed to take the oath should not suffer harm due to the Notary’s failure. Documents requiring notarization convey property, name persons as an attorney in fact, bequeath estates and help finalize adoptions. Imagine the harm if one of these documents was nullified because of the Notary’s failure to take the required oath of office. While SB 847 validates these notarial acts, the new law doesn’t immunize the Notary from investigation and discipline by the Secretary of State.

Read the bill text.

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