North Carolina General Statutes 47-37.1. Other forms of proof
(a) The proof and acknowledgment forms set forth in this Article are not exclusive. Without regard to whether an instrument presented for registration was signed by an individual acting in his or her own right or by an individual acting in a representative or fiduciary capacity, a notarial certificate that complies with the provisions of Part 6 of Article 1 or Part 5 of Article 2 of Chapter 10B of the N.C. Gen. Stat. is deemed a sufficient form of probate or acknowledgment for purposes of this Chapter. Use of a notarial certificate that satisfies the requirements of Part 6 of Article 1 or Part 5 of Article 2 of Chapter 10B of the N.C. Gen. Stat. is not a ground for a register of deeds to refuse to accept a record for registration.
(b) When an instrument presented for registration purports to be signed by an individual in a representative or fiduciary capacity, the acknowledgment or proof of that individual’s signature may do any of the following:
(1) State that the individual signed the instrument in a representative or fiduciary capacity.
Terms Used In North Carolina General Statutes 47-37.1
- Fiduciary: A trustee, executor, or administrator.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Probate: Proving a will
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
(2) State that the individual who signed the instrument in a representative or fiduciary capacity had authority to do so.
(3) Identify the represented person or the fiduciary capacity.
(c) This section relates only to the form of proof or acknowledgment. The capacity and authority of the individual who signs an instrument presented for registration are governed by other provisions of law.
(d) Repealed by Session Laws 2021-91, s. 7, effective October 1, 2021. (2005-391, s. 9; 2006-59, s. 27; 2021-91, s. 7.)