NC House Bill 559 | NNA
Law

NC House Bill 559

Notary Law Update: NC House Bill 559

State: North Carolina

Summary:

House Bill 559 validates certain notarial acts performed between May 15, 2004, and July 8, 2009, when the Notary who had been recommissioned to a new term failed to qualify for the commission by subscribing to the oath of office for the new term.

Signed:  July 27, 2009

Effective:  July 27, 2009

Chapter: 2009-358

Affects:

Adds Section 10B-71 to the North Carolina General Statutes

Changes:
  1. Validates any acknowledgment performed and any instrument notarized on or after May 15, 2004, and before July 8, 2009 by a person who after recommissioning failed to again take the oath as a Notary after he or she was commissioned.
Analysis:

North Carolina is known for routinely enacting various “curative” laws which grant full legal standing to certain “defective” notarial acts, such as when a Notary fails to place an impression of the official seal on a document, puts an erroneous commission expiration date on the document or signs using a name that does not match the name on the Notary’s official commission. It is argued that curative laws are necessary in order to prevent legal disputes, but unfortunately they also encourage Notaries to adopt poor practices. House Bill 559 “corrects” any notarization performed between May 15, 2004 and July 8, 2009, by a Notary who, upon recommissioning, failed to subscribe the oath of office for the new commission. It accords the notarial act full legal standing as if it had been performed by a Notary Public who properly qualified for the commission.

Read the bill text.

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