GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2005

 

 

SESSION LAW 2006-199

SENATE BILL 1375

 

 

AN ACT To MAKE TECHNICAL CORRECTIONS TO THE NOTARY PUBLIC ACT, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION, and to make other corrections to Session Law 2006-59.

 

The General Assembly of North Carolina enacts:

 

SECTION 1.  G.S. 10B-20(l) reads as rewritten:

"(l)       A notary public required to comply with the provisions of subsection (g) subsection (i) of this section shall prominently post at the notary public's place of business a schedule of fees established by law, which a notary public may charge. The fee schedule shall be written in English and in the non-English language in which the notary services were solicited and shall contain the notice required in subsection (i) of this section, unless the notice is otherwise prominently posted at the notary public's place of business."

SECTION 2.  G.S. 10B-68, as enacted in Section 24 of S.L. 2006-59, reads as rewritten:

" 10B-68. Technical defects cured.

(a)       Technical defects, errors, or omissions in a notarial certificate shall not affect the sufficiency, validity, or enforceability of the notarial certificate or the related instrument or document. This subsection applies to notarial certificates made on or after December 1, 2005.

(b)       Defects in the commissioning or recommissioning of a notary that are approved by the Department are cured. This subsection applies to commissions and recommissions issued on or after December 1, 2005.

(c)       As used in this section, a technical defect includes those cured under G.S. 10B-37(f) and G.S. 10B-67. Other technical defects include the absence of the legible appearance of the notary's name exactly as shown on the notary's commission as required in G.S. 10B-20(b) and defects in the commissioning or recommissioning of the notary that were approved by the Department under this Chapter.G.S. 10B-20(b). This subsection applies to notarial certificates made on or after December 1, 2005."

SECTION 3.  G.S. 47-41.2, as enacted in Section 31 of S.L. 2006-59, reads as rewritten:

" 47-41.2.  Technical defects.

(a)       Technical defects, including technical defects under G.S. 10B-68, and errors or omissions in a form of probate or other notarial certificate, shall not affect the sufficiency, validity, or enforceability of the form of probate or the notarial certificate or the related instrument or document. A register of deeds may not refuse to accept an instrument or document for registration because of technical defects, errors, or omissions in a form of probate or other notarial certificate. This subsection applies to notarial certificates and forms of probate made on or after December 1, 2005.

(b)       This section does not apply to the requirements for registration contained in G.S. 47-14(a) and a register of deeds shall not accept for registration an instrument that does not comply with the requirements of G.S. 47-14(a)."

SECTION 4.  Section 33 of S.L. 2006-59 reads as rewritten:

"SECTION 33.  G.S. 10B-11(b)(3) as amended in Section 5 of this act becomes effective July 1, 2006.  G.S. 10B-99, as enacted in Section 24 of this act, is effective when this act becomes law.  The remainder of this act becomes effective October 1, 2006, and except as otherwise set forth in this act, applies to notarial acts performed on or after that date."

SECTION 5.  G.S. 10B-68(a) and (b), as enacted in Section 24 of S.L. 2006-59, and as amended in Section 2 of this act, become effective July 1, 2006.  G.S. 47-41.2, as enacted in Section 31 of S.L. 2006-59, and as amended in Section 3 of this act, becomes effective July 1, 2006.  Section 1 of this act becomes effective October 1, 2006. The remainder of this act is effective when it becomes law.

In the General Assembly read three times and ratified this the 20th day of July, 2006.

 

 

                                                                    s/ Beverly E. Perdue

                                                                         President of the Senate

 

 

                                                                    s/ James B. Black

                                                                         Speaker of the House of Representatives

 

 

                                                                    s/ Michael F. Easley

                                                                         Governor

 

 

Approved 2:05 p.m. this 3rd day of August, 2006