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.
(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, but are not limited to, 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), the affixation of the notary's seal near the signature of the principal or subscribing witness rather than near the notary's signature, minor typographical mistakes in the spelling of the principal's name, the failure to acknowledge the principal's name exactly as signed by including or omitting initials, or the failure to specify the principal's title or office, if any. (2006-59, s. 24; 2006-199, s. 2; 2013-204, s. 1.7.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 1 - Notary Public Act.
§ 10B-2 - (Effective until July 1, 2023) Purposes.
§ 10B-6 - Application for commission.
§ 10B-7 - Statement of personal qualification.
§ 10B-8 - Course of study and examination.
§ 10B-9 - Length of term and jurisdiction.
§ 10B-10 - Commission; oath of office; emergency extension.
§ 10B-12 - Notarized declaration.
§ 10B-14 - Instructor's certification.
§ 10B-20 - (Effective until July 1, 2023) Powers and limitations.
§ 10B-21 - Notaries ex officio.
§ 10B-22 - False certificate; foreign language certificates.
§ 10B-25 - (Expires June 30, 2023 see note) Emergency video notarization.
§ 10B-30 - Imposition and waiver of fees.
§ 10B-31 - Fees for notarial acts.
§ 10B-35 - Official signature.
§ 10B-40 - Notarial certificates in general.
§ 10B-41 - Notarial certificate for an acknowledgment.
§ 10B-42 - Notarial certificate for a verification or of subscribing witness.
§ 10B-42.1 - Notarial certificate for a verification of nonsubscribing witness.
§ 10B-43 - Notarial certificate for an oath or affirmation.
§ 10B-53 - Change of both name and county.
§ 10B-55 - Disposition of seal; death of notary.
§ 10B-60 - (Effective until July 1, 2023) Enforcement and penalties.
§ 10B-65 - Acts of notaries public in certain instances validated.
§ 10B-66 - Certain notarial acts validated.
§ 10B-67 - Erroneous commission expiration date cured.
§ 10B-68 - Technical defects cured.
§ 10B-69 - Official forms cured.
§ 10B-70 - Certain notarial acts for local government agencies validated.
§ 10B-71 - Certain notarial acts validated when recommissioned notary failed to again take oath.