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Law

NC Senate Bill 196

Notary Law Update: NC Senate Bill 196

State: North Carolina

Summary:
Senate Bill 196 makes amendments to so-called "curative" statutes in the North Carolina Notary Public Act and in the real property statutes.

Signed:  July 22, 2021

Effective:  October 01, 2021

Chapter: 2021-91

Affects:
Amends Sections 10B-65, 10B-69, and 10-B-71 of the North Carolina General Statutes.

Changes:
  1. Validates all Notary acknowledgments bearing a Notary seal that were performed before July 1, 2013.
  2. Clarifies that Section 10B-65 applies to all notarial acts on or before April 1, 2021.
  3. Clarifies that the notarial certificate contained in a form issued by a state agency prior to April 1, 2021, is deemed to be a valid notarial certificate so long as the certificate complied with the law at the time the form was issued.
  4. Makes technical changes.
Analysis:
"Curative" statutes are intended to correct or "cure" notarial acts that are in some way deficient or imperfect. For example, a Notary's expiration date could be erroneously stated on the document or a Notary's signature does not exactly comport with the signature on file with the Secretary of State. Should these defects cause the validity of the document to be affected? In many cases, no, if the notarial act substantively complied with North Carolina law. North Carolina's Notary statutes are dittoed with many curative provisions, much more so than any other state. Some of these provisions, including two that are noted in "Changes" above, are tied to a particular date.

Read the bill text.

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