Register' Review
Registers' Review
Effective OCTOBER 1, 2005
Viewable at: NC General Statutes
Registers no longer “pass” on instruments in the manner previously required. Session Law 2005-123 has eliminated the requirement that registers certify that execution by one or more signers has been “duly proved or acknowledged” and that the proof or acknowledgment is “in due form.” The revised statute limits the register’s review to seeing if the instrument has a proof or acknowledgment if one is required, and then only checking that the proof or acknowledgment “by one or more signers appears to have been proved or acknowledged before an officer with the apparent authority to take proofs or acknowledgements, and the said proof or acknowledgement includes the officer’s signature, commission expiration date, and official seal, if required.” If these elements are present, registers simply record the instrument; if not, the instruments are not to be accepted for recording. G.S. 47-14(a) (2005)