NC Senate Bill 613

Legislation

State: North Carolina
Signed: August 30, 2007

Effective: August 30, 2007
Chapter: 2007-484

Summary

Senate Bill 613 validates acknowledgments performed on behalf of a government agency by a Notary Public when the Notary has not properly qualified for the official commission or when the Notary performs the acknowledgment after expiration of the Notary’s commission.

Affects

Adds Section 10-B-70 to the North Carolina General Statutes.

Changes

Validates an acknowledgment performed by a Notary for or on behalf of a local government agency under the following circumstances: (a) the Notary performed the notarization after commissioning but prior to qualifying for the commission; (b) the Notary performed the acknowledgment after expiration of the Notary’s commission; and (c) the Notary performed the acknowledgment having failed to qualify for the commission within the 45-day time frame required by law.

Analysis

Senate Bill 613 enacted numerous technical changes to the North Carolina General Statutes, including this “curative” provision in the Notary Public Act. Curative provisions correct or validate notarial acts containing “defects” or irregularities; in this case, when a Notary who is taking an acknowledgment for or on behalf of a local government agency, fails to qualify for the commission or notarizes after the expiration of the Notary’s commission, the acknowledgments performed by the Notary are declared valid. North Carolina leads the nation in the number of provisions “curing” Notary mistakes and poor practices. While legal experts will argue that these laws are necessary, they have the unintended effect of denigrating the professionalism of Notaries. No Notary should ever notarize after his or her commission has expired or without having qualified for the commission.

Read Senate Bill 613.