State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_47 > GS_47-115

Article6.

Registration andExecution of Instruments Signed under a Power of Attorney.

§ 47‑115.  Execution inname of either principal or attorney‑in‑fact; indexing in names ofboth.

Any instrument in writingexecuted by an attorney‑in‑fact shall be good and valid as theinstrument of the principal, whether or not said instrument is signed and/oracknowledged in the name of the principal by the attorney‑in‑factor by the attorney‑in‑fact designating himself as attorney‑in‑factfor the principal or acknowledged in the name of the attorney‑in‑factwithout naming the principal from which it will appear that it was the purposeof the attorney‑in‑fact to be acting for and on behalf of theprincipal mentioned or referred to in the instrument. This section shall notaffect any pending litigation or the status of any matter heretofore determinedby the courts. This section shall apply to all such instruments heretofore orhereafter executed. Registers of deeds shall be required to index all suchinstruments filed for registration both in the name of the principal orprincipals executing the powers of appointment and in the name of the attorney‑in‑factexecuting the instrument: Provided, that instruments heretofore registered andindexed only in the name of the attorney‑in‑fact shall be valid andin all respects binding upon the principal or principals insofar as validity ofregistration is concerned. (1945, c. 204; 1959, c. 210.)