State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_47 > GS_47-37_1

§ 47‑37.1.  Other formsof proof.

(a)        The proof andacknowledgment forms set forth in this Article are not exclusive. Withoutregard to whether an instrument presented for registration was signed by anindividual acting in his or her own right or by an individual acting in arepresentative or fiduciary capacity, a notarial certificate that complies withthe provisions of Part 6 of Article 1 of Chapter 10B shall be deemed asufficient form of probate or acknowledgment for purposes of this Chapter. Useof a notarial certificate that satisfies the requirements of Part 6 of Article1 of Chapter 10B shall not be grounds for a register of deeds to refuse toaccept a record for registration.

(b)        When an instrumentpresented for registration purports to be signed by an individual in arepresentative or fiduciary capacity, the acknowledgment or proof of thatindividual's signature may:

(1)        State that theindividual signed the instrument in a representative or fiduciary capacity.

(2)        State that theindividual who signed the instrument in a representative or fiduciary capacityhad due authority to do so.

(3)        Identify therepresented person or the fiduciary capacity.

(c)        This sectionrelates only to the form of proof or acknowledgment. The capacity and authorityof the individual who signs an instrument presented for registration aregoverned by other provisions of law.

(d)        This sectionapplies to proofs and acknowledgments made before, on, or after December 1,2005. (2005‑391,s. 9; 2006‑59, s. 27.)