10B-99. Presumption of regularity.
(a) In the absence of evidence of fraud on the part of the notary, or evidence of a knowing and deliberate violation of this Article by the notary, the courts shall grant a presumption of regularity to notarial acts so that those acts may be upheld, provided there has been substantial compliance with the law. Nothing in this Chapter modifies or repeals the common law doctrine of substantial compliance in effect on November 30, 2005.
(b) A notarial act shall be deemed valid if it complies with the law as it existed on or before December 1, 2005. This section applies to notarial acts whenever performed. (2006-59, s. 24; 2006-199, s. 4; 2013-204, s. 1.10.)
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.