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 General Statutes 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 General Statutes 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.
(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(d) Repealed by Session Laws 2021-91, s. 7, effective October 1, 2021.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.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 47 - Probate and Registration
Article 3 - Forms of Acknowledgment, Probate and Order of Registration.
§ 47-37.1 - Other forms of proof.
§ 47-38 - Acknowledgment by grantor.
§ 47-40 - Husband's acknowledgment and wife's acknowledgment before the same officer.
§ 47-41.01 - Corporate conveyances.
§ 47-41.02 - Other forms of probate for corporate conveyances.
§ 47-41.2 - Technical defects.
§ 47-42 - Attestation of bank conveyances by secretary or cashier.
§ 47-43 - Form of certificate of acknowledgment of instrument executed by agent.
§ 47-43.1 - Execution and acknowledgment of instruments by attorneys or attorneys-in-fact.
§ 47-43.2 - Officer's certificate upon proof of instrument by subscribing witness.
§ 47-43.3 - Officer's certificate upon proof of instrument by proof of signature of maker.
§ 47-44 - Clerk's certificate upon probate by justice of peace or magistrate.
§ 47-45 - Clerk's certificate upon probate by nonresident official without seal.
§ 47-46.1 - Notice of satisfaction of deed of trust, mortgage, or other instrument.
§ 47-46.2 - Certificate of satisfaction of deed of trust, mortgage, or other instrument.