North Carolina General Statutes 10B-40. Notarial certificates in general
(a) A notary shall not make or give a notarial certificate unless the notary has either personal knowledge or satisfactory evidence of the identity of the principal or, if applicable, the subscribing witness.
(a1) By making or giving a notarial certificate, whether or not stated in the certificate, a notary certifies as follows:
(1) As to an acknowledgment, all those things described in N.C. Gen. Stat. § 10B-3(1).
Terms Used In North Carolina General Statutes 10B-40
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Oath: A promise to tell the truth.
- oath: shall be construed to include "affirmation" in all cases where by law an affirmation may be substituted for an oath, and in like cases the word "sworn" shall be construed to include the word "affirmed. See North Carolina General Statutes 12-3
- Probate: Proving a will
- seal: shall be construed to include an impression of such official seal, made upon the paper alone, as well as an impression made by means of a wafer or of wax affixed thereto. See North Carolina General Statutes 12-3
- 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
- Statute: A law passed by a legislature.
- United States: shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
(2) As to an affirmation, all those things described in N.C. Gen. Stat. § 10B-3(2).
(3) As to an oath, all those things described in N.C. Gen. Stat. § 10B-3(14).
(4) As to a verification or proof, all those things described in N.C. Gen. Stat. § 10B-3(28).
(a2) In addition to the certifications under subsection (a1) of this section, by making or giving a notarial certificate, whether or not stated in the certificate, a notary certifies to all of the following:
(1) At the time the notarial act was performed and the notarial certificate was signed by the notary, the notary was lawfully commissioned, the notary’s commission had neither expired nor been suspended, the notarial act was performed within the geographic limits of the notary’s commission, and the notarial act was performed in accordance with the provision of this Chapter.
(2) If the notarial certificate is for an acknowledgment or the administration of an oath or affirmation, the person whose signature was notarized did not appear in the judgment of the notary to be incompetent, lacking in understanding of the nature and consequences of the transaction requiring the notarial act, or acting involuntarily, under duress, or undue influence.
(3) The notary was not prohibited from acting under N.C. Gen. Stat. § 10-20(c).
(a3) The inclusion of additional information in a notarial certificate, including the representative or fiduciary capacity in which a person signed or the means a notary used to identify a principal, shall not invalidate an otherwise sufficient notarial certificate.
(b) A notarial certificate for the acknowledgment taken by a notary of a principal who is an individual acting in his or her own right or who is an individual acting in a representative or fiduciary capacity is sufficient and shall be accepted in this State if it is substantially in the form set forth in N.C. Gen. Stat. § 10B-41, if it is substantially in a form otherwise prescribed by the laws of this State, or if it includes all of the following:
(1) Identifies the state and county in which the acknowledgment occurred.
(2) Names the principal who appeared in person before the notary.
(3) Repealed by Session Laws 2006-59, s. 18, effective October 1, 2006, and except as otherwise set forth in the act, applicable to notarial acts performed on or after October 1, 2006.
(4) Indicates that the principal appeared in person before the notary and the principal acknowledged that he or she signed the record.
(5) States the date of the acknowledgment.
(6) Contains the signature and seal or stamp of the notary who took the acknowledgment.
(7) States the notary’s commission expiration date.
(c) A notarial certificate for the verification or proof of the signature of a principal by a subscribing witness taken by a notary is sufficient and shall be accepted in this State if it is substantially in the form set forth in N.C. Gen. Stat. § 10B-42, if it is substantially in a form otherwise prescribed by the laws of this State, or if it includes all of the following:
(1) Identifies the state and county in which the verification or proof occurred.
(2) Names the subscribing witness who appeared in person before the notary.
(3) Repealed by Session Laws 2006-59, s. 18, effective October 1, 2006.
(4) Names the principal whose signature on the record is to be verified or proven.
(5) Indicates that the subscribing witness certified to the notary under oath or by affirmation that the subscribing witness is not a party to or beneficiary of the transaction, signed the record as a subscribing witness, and either (i) witnessed the principal sign the record, or (ii) witnessed the principal acknowledge the principal’s signature on the record.
(6) States the date of the verification or proof.
(7) Contains the signature and seal or stamp of the notary who took the verification or proof.
(8) States the notary’s commission expiration date.
(c1) A notarial certificate for the verification or proof of the signature of a principal or a subscribing witness by a nonsubscribing witness taken by a notary is sufficient and shall be accepted in this State if it is substantially in the form set forth in N.C. Gen. Stat. § 10B-42.1, if it is substantially in a form otherwise prescribed by the laws of this State, or if it includes all of the following:
(1) Identifies the state and county in which the verification or proof occurred.
(2) Names the nonsubscribing witness who appeared in person before the notary.
(3) Names the principal or subscribing witness whose signature on the record is to be verified or proven.
(4) Indicates that the nonsubscribing witness certified to the notary under oath or by affirmation that the nonsubscribing witness is not a party to or beneficiary of the transaction and that the nonsubscribing witness recognizes the signature of either the principal or the subscribing witness and that the signature is genuine.
(5) States the date of the verification or proof.
(6) Contains the signature and seal or stamp of the notary who took the verification or proof.
(7) States the notary’s commission expiration date.
(d) A notarial certificate for an oath or affirmation taken by a notary is sufficient and shall be accepted in this State if it is substantially in the form set forth in N.C. Gen. Stat. § 10B-43, if it is substantially in a form otherwise prescribed by the laws of this State, or if it includes all of the following:
(1) Repealed by Session Laws 2006-59, s. 18, effective October 1, 2006.
(2) Names the principal who appeared in person before the notary unless the name of the principal otherwise is clear from the record itself.
(3) Repealed by Session Laws 2006-59, s. 18, effective October 1, 2006.
(4) Indicates that the principal who appeared in person before the notary signed the record in question and certified to the notary under oath or by affirmation as to the truth of the matters stated in the record.
(5) States the date of the oath or affirmation.
(6) Contains the signature and seal or stamp of the notary who took the oath or affirmation.
(7) States the notary’s commission expiration date.
(e) Any notarial certificate made in another jurisdiction shall be sufficient in this State if it is made in accordance with federal law or the laws of the jurisdiction where the notarial certificate is made.
(f) On records to be filed, registered, recorded, or delivered in another state or jurisdiction of the United States, a North Carolina notary may complete any notarial certificate that may be required in that other state or jurisdiction.
(g) Nothing in this Chapter shall be deemed to authorize the use of a notarial certificate authorized by this Part in place of or as an alternative to a notarial certificate required by any other provision of the General Statutes outside of Chapter 47 of the N.C. Gen. Stat. that prescribes the specific form or content for a notarial certificate including N.C. Gen. Stat. § 31-11.6, Chapter 32A of the N.C. Gen. Stat., and N.C. Gen. Stat. § 90-321 However, any statute that permits or requires the use of a notarial certificate contained within Chapter 47 of the N.C. Gen. Stat. may also be satisfied by the use of a notarial certificate permitted by this Part. Any form of acknowledgment or probate authorized under Chapter 47 of the N.C. Gen. Stat. shall be conclusively deemed in compliance with the requirements of this section.
(h) If an individual signs a record and purports to be acting in a representative or fiduciary capacity, that individual is also deemed to represent to the notary that he or she is signing the record with proper authority to do so and also is signing the record on behalf of the person or entity represented and identified therein or in the fiduciary capacity indicated therein. In performing a notarial act in relation to an individual described under this subsection, a notary is under no duty to verify whether the individual acted in a representative or fiduciary capacity or, if so, whether the individual was duly authorized so to do. A notarial certificate may include any of the following:
(1) A statement that an individual signed a record in a particular representative or fiduciary capacity.
(2) A statement that the individual who signed the record in a representative or fiduciary capacity had due authority so to do.
(3) A statement identifying the represented person or entity or the fiduciary capacity. (2005-391, s. 4; 2006-59, s. 18.)