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North Carolina Acknowledgments

 

Acknowledgment of Individual

STATE OF NORTH CAROLINA

COUNTY OF _____________________

I, a Notary Public, do hereby certify that _________________________________ (here give the name of the grantor or maker) personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and (where an official seal is required by law) official seal

This the ___________________ day of ___________________ (year).

(Official seal.)

______________________________

Notary Public

Printed Name: _________________

My Commission Expires:

_____________________

Acknowledgment of Corporation

STATE OF NORTH CAROLINA

COUNTY OF _____________________

I, ____________________________________ (Name of officer taking acknowledgment), ________________________________________ (Official title of officer taking acknowledgment) certify that ____________________________________ (Name of attesting official) personally came before me this day and acknowledged that he/she is ____________________________________ (Title of attesting official) of ____________________________________, a corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its __________________, (Title of Official), sealed with its corporate seal, and attested by himself (or herself) as its ____________________________________ (Title of attesting official).

Witness my hand and official seal, this the ____________ day of __________________, (Month) __________________ (Year)

______________________________

Notary Public

Printed Name: _________________

My Commission Expires:

_____________________

 

47-2. Officials of the United States, foreign countries, and sister states.

State of North Carolina

County of _______________

On this the __________________ day of ________________________, _____________, before me _____________________________________________, the undersigned officer, personally appeared ______________________________________, known to me (or satisfactorily proven) to be accompanying or serving in or with the armed forces of the United States (or to be the spouse of a person accompanying or serving in or with the armed forces of the United States) and to be the person whose name is subscribed to the within instruments and acknowledged that _______ (he/she/they) executed the same for the purposes therein contained. And the undersigned does further certify that he is at the date of this certificate a commissioned officer of the rank stated below and is in the active service of the armed forces of the United States.

____________________________

Signature of Officer

____________________________

Rank of Officer

____________________________

Command to which attached

47-37. Certificate and adjudication of registration.

(a) The form of certification for registration by the register of deeds pursuant to G.S. 47-14(a) shall be substantially as follows:

State of North Carolina

County of _______________

The foregoing (or annexed) certificate of ________________________________ _____________________________________ (here give name and official title of the officer signing the certificate passed upon) is certified to be correct.

This __________ day of __________________________, A.D. _____________.

______________________________

Signature

Register of Deeds

(b) The form of adjudication and order of registration by a judge pursuant to G.S. 47-14(b) and (c) shall be substantially as follows:

State of North Carolina

County of ________________

The foregoing (or annexed) certificate of _______________________________ _______________________________________ (here give name and official title of the officer signing the certificate passed upon) is adjudged to be correct. Let the instrument and the certificate be registered.

This __________ day of __________________________, A.D. _____________.

______________________________

Signature of Judge

(1899, c. 235, s. 7; 1905, c. 344; Rev., ss. 1001, 1010; C.S., s. 3322; 1967, c. 639, s. 3.)

47-41.02. Other forms of probate for corporate conveyances.

(a) The following forms of probate for deeds and other conveyances executed by a corporation shall also be deemed sufficient but shall not exclude other forms of probate which would be deemed sufficient in law.

(b) If the instrument is executed by the president or presiding member or trustee and two other members of the corporation, and sealed with the common seal, the following form shall be sufficient:

State of North Carolina

County of ___________________

This ___________ day of _____________________________, A.D. _________, personally came before me _________________________________________________ (here give the name and official title of the officer who signs this certificate) _______________________________________________________________ (here give the name of the subscribing witness), who, being by me duly sworn, says that he/she/they know(s) the common seal of the _____________________________________ (here give the name of the corporation), and is(are) also acquainted with ______________________

___________________, who is the president (or presiding member or trustee), and also with ________________________________ and _______________________________, two other members of said corporation; and that he/she/they, the said _______________

___________________________, saw the said president (or presiding member or trustee) and the two said other members sign the said instrument, and saw the said president (or presiding member or trustee) affix the said common seal of said corporation thereto, and that he/she/they, the said subscribing witness, signed his/her/their name as such subscribing witness(es) thereto in their presence. Witness my hand and (when an official seal is required by law) official seal, this ________________ day of _________________________, _______________. (year).

______________________________

Notary Public

(SEAL)

Printed Name: _________________

My Commission Expires:

_____________________

 

(c) If the deed or other instrument is executed by the president, presiding member or trustee of the corporation, and sealed with its common seal, and attested by its secretary or assistant secretary, either of the following forms of proof and certificate thereof shall be deemed sufficient:

State of North Carolina

County of __________________

This __________ day of __________________________, A.D. ____________, personally came before me __________________________________________ (here give name and official title of the officer who signs the certificate) __________________

___________________________________ (here give the name of the attesting secretary or assistant secretary), who, being by me duly sworn, says that he/she/they know(s) the common seal of ____________________________________________ (here give the name of the corporation), and is(are) acquainted with ____________________________, who is the president of said corporation, and that he/she/they, the said _______________

_________________________________, is(are) the secretary (or assistant secretary) of the said corporation, and saw the said president sign the foregoing (or annexed) instrument, and saw the said common seal of said corporation affixed to said instrument by said president (or that he/she/they, the said __________________________________, secretary or assistant secretary as aforesaid, affixed said seal to said instrument), and that he/she/they, the said __________________________________________, signed his/her/their name in attestation of the execution of said instrument in the presence of said president of said corporation. Witness my hand and (when an official seal is required by law) official seal, this the _________ day of ______________________ (year).

______________________________

Notary Public

Printed Name: _________________

My Commission Expires:

_____________________

State of North Carolina

County of _________________

This is to certify that on the ________ day of __________________, A.D., _________, before me personally came __________________________________ (president, vice-president, secretary or assistant secretary, as the case may be), with whom I am personally acquainted, who, being by me duly sworn, says that ______________________________________________ is the president (or vice-president), and ________________________________________ is the secretary (or assistant secretary) of the ___________________________________________, the corporation described in and which executed the foregoing instrument; that he knows the common seal of said corporation; that the seal affixed to the foregoing instrument is said common seal, and the name of the corporation was subscribed thereto by the said president (or vice-president), and that said president (or vice-president) and secretary (or assistant secretary) subscribed their names thereto, and said common seal was affixed, all by order of the board of directors of said corporation, and that the said instrument is the act and deed of said corporation. Witness my hand and (when an official seal is required by law) official seal, this the _______ day of ______________________________, __________. (year).

______________________________

Notary Public

Printed Name: _________________

My Commission Expires:

_____________________

 

(d) If the deed or other instrument is executed by the signature of the president, vice-president, presiding member or trustee of the corporation, and sealed with its common seal and attested by its secretary or assistant secretary, the following form of proof and certificate thereof shall be deemed sufficient:

State of North Carolina

County of ______________

This __________ day of _________________________, A.D. ______________, personally came before me _________________________________________________ (here give name and official title of officer who signs the certificate)________________

_______________________________________, who, being by me duly sworn, says that he/she/they is(are) president (vice-president, presiding member or trustee) of the

____________________________ Company, and that the seal affixed to the foregoing (or annexed) instrument in writing is the corporate seal of said company, and that said writing was signed and sealed by him/her/them in behalf of said corporation by its authority duly given. And the said ______________________________________ acknowledged the said writing to be the act and deed of said corporation.

______________________________

Notary Public

Printed Name: _________________

My Commission Expires:

_____________________

(f) The following forms of probate for contracts in writing for the purchase of personal property by corporations providing for a lien on the property or the retention of a title thereto by the vendor as security for the purchase price or any part thereof, or chattel mortgages, chattel deeds of trust, and conditional sales of personal property executed by a corporation shall be deemed sufficient but shall not exclude other forms of probate which would be deemed sufficient in law:

State of North Carolina

County of ___________________

I, ________________________________________________, do hereby certify that ____________________________________ (Name of president, secretary or treasurer) personally came before me this day and acknowledged that he/she/they is(are) ______________________________________ of ______________________________ and acknowledged, ____________________________________ (President, secretary ________________________________________________ (Name of corporation) or treasurer) on behalf of _________________________________________, the grantor, the due ____________________________________________ (Name of corporation) execution of the foregoing instrument.

Witness my hand and official seal, this __________ day of _________________, ___________________.

______________________________

Notary Public

Printed Name: _________________

My Commission Expires:

_____________________

State of North Carolina

County of _______________

I, ____________________________________________ (name of officer taking proof), _________________________________________________ (Official title of officer taking proof) of ______________________________________, certify that ___________________________________________ personally appeared before _________________________________________________ (Name of subscribing witness) me, and being duly sworn, stated that in his presence ______________________

_________________________ (Name of president, secretary or treasurer of maker) (signed the foregoing instrument) (acknowledged the execution of the foregoing instrument.) (Strike out the words not applicable.

Witness my hand and official seal, this _______ day of _______________, ___________.

______________________________

Notary Public

Printed Name: _________________

My Commission Expires:

_____________________

 

47-43. Form of certificate of acknowledgment of instrument executed by attorney-in-fact.

When an instrument purports to be signed by parties acting through another by virtue of the execution of a power of attorney, the following form of certificate shall be deemed sufficient, but shall not exclude other forms which would be deemed sufficient in law:

State of North Carolina

County of _______________

I ________________________________________ (here give name of the official and his official title), do hereby certify that _____________________________________ (here give name of attorney-in-fact), attorney- in-fact for __________________________

______________________________________ (here give names of parties who executed the instrument through attorney-in-fact), personally appeared before me this day, and being by me duly sworn, says that he/she/they executed the foregoing and annexed instrument for and in behalf of _______________________________________________ (here give names of parties who executed the instrument through attorney-in-fact), and that his/her/their authority to execute and acknowledge said instrument is contained in an instrument duly executed, acknowledged, and recorded in the office of _______________

___________________________________ (here insert name of official in whose office power of attorney is recorded, and the county and state of recordation), on the ________ day of ____________________________, ______________, and that this instrument was executed under and by virtue of the authority given by said instrument granting him/her/them power of attorney; that the said ___________________________________ (here give name of attorney-in-fact) acknowledged the due execution of the foregoing and annexed instrument for the purposes therein expressed for and in behalf of the said _________________________________________________ (here give names of parties who executed the instrument through attorney-in-fact).

WITNESS my hand and official seal, this ______ day of ___________________, __________.

______________________________

Notary Public

Printed Name: _________________

My Commission Expires:

_____________________

(1941, c. 238.)

 

47-43.2. Officer's certificate upon proof of instrument by subscribing witness.

When the execution of an instrument is proved by a subscribing witness as provided by G.S. 47-12, the certificate required by G.S. 47-13.1 shall be in substantially the following form:

STATE OF NORTH CAROLINA

COUNTY of _____________________

I, _________________________________(Name of officer taking proof), a ____________________________ (Official title of officer taking proof) of _____________________________ County, ________________________ (State), certify that _____________________________________ (Name of subscribing witness) personally appeared before me this day, and being duly sworn, stated that in his/her/their presence _____________________________________ (Name of maker)(signed the foregoing instrument) (acknowledged the execution of the foregoing instrument.) (Strike out the words not applicable.)

WITNESS my hand and official seal, this the __________ day of _________________, ______________.

______________________________

Notary Public

Printed Name: _________________

My Commission Expires:

_____________________

47-43.3. Officer's certificate upon proof of instrument by proof of signature of maker.

When the execution of an instrument is proved by proof of the signature of the maker as provided by G.S. 47-12.1 or as provided by G.S. 47-13, the certificate required by G.S. 47-13.1 shall be in substantially the following form:

STATE OF NORTH CAROLINA

COUNTY OF __________________

I, _________________________________(Name of officer taking proof), a _________________________ (Official title of officer taking proof) of ______________ County, ________________________________________ (Name of State), certify that _________________________________ personally appeared before me this day, _____________________________________ (Name of person familiar with maker's handwriting) and being duly sworn, stated that he/she/they know(s handwriting of

___________________________________________ (Name of maker) and that the signature to the foregoing instrument is the signature of ___________________________ (Name of maker)

WITNESS my hand and official seal, this the _______ day of _______________,

_________________.

______________________________

Notary Public

Printed Name: _________________

My Commission Expires:

_____________________

 

(1951, c. 379, s. 3; 1999-456, s. 59.)

 

 

47-43.4. Officer's certificate upon proof of instrument by proof of signature of subscribing witness.

When the execution of an instrument is proved by proof of the signature of a subscribing witness as provided by G.S. 47-12.1, the certificate required by G.S. 47-13.1 shall be in substantially the following form:

STATE OF NORTH CAROLINA

COUNTY OF ____________________

I, ______________________________ (Name of officer taking proof), a _________________________________ (Official title of officer taking proof) of _______________ County, ________________ (Name of State), certify that ___________________________________ (Name of person familiar with handwriting of subscribing witness) personally appeared before me this day, and being duly sworn, stated that he/she/they know(s) the handwriting of ______________________________ (Name of subscribing witness), and that the signature of __________________________ (Name of subscribing witness) as a subscribing witness to the foregoing instrument is the signature of _______________________________________ (Name of subscribing witness)

WITNESS my hand and official seal, this the __________ day of _________________, ___________.

______________________________

Notary Public

Printed Name: _________________

My Commission Expires:

_____________________

(1951, c. 379, s. 3; 1999-456, s. 59.)

47-44. Clerk's certificate upon probate by justice of peace or magistrate.

When the proof or acknowledgment of any instrument is had before a justice of the peace of some other state or territory of the United States, or before a magistrate of this State, but of a county different from that in which the instrument is offered for registration, the form of certificate as to his official position and signature shall be substantially as follows:

STATE OF NORTH CAROLINA

COUNTY OF ____________________

I, ___________________________________ (here give name and official title of a clerk of a court of record), do hereby certify that _______________________________ (here give the name of the justice of the peace or magistrate taking the proof, etc.), was at the time of signing the foregoing (or annexed) certificate an acting justice of the peace or magistrate in and for the county of _____________________________ and State (or territory) of _____________________________, and that his/her/their signature thereto is in his/her/their own proper handwriting.

In witness whereof, I hereunto set my hand and official seal, this _______ day of ______________________, A.D. ________________.

______________________________

Notary Public

(SEAL)

Printed Name: _________________

My Commission Expires:

_____________________

(1899, c. 235, s. 8; Rev., s. 1006; C.S., s. 3327; 1971, c. 1185,

s. 15.)

47-45. Clerk's certificate upon probate by nonresident official without seal.

When the proof or acknowledgment of any instrument is had before any official of some other state, territory or country and such official has no official seal, then the certificate of such official shall be accompanied by the certificate of a clerk of a court of record of the state, territory or country in which the official taking the proof or acknowledgment resides, of the official position and signature of such official; such certificate of the clerk shall be under his hand and official seal and shall be in substance as follows:

STATE OF NORTH CAROLINA

COUNTY OF ________________

I, _____________________________________________________________ (here give name and official title of the clerk of a court of record as provided herein), do hereby certify that _______________________________________________ (here give name of the official taking the proof, etc.) was at the time of signing the foregoing (or annexed) certificate (here give the official title of the officer taking proof, etc.) in and for the county of ________________________and state of __________________________ (or other political division of the state, territory or country, as the case may be), and that his signature thereto is in his own proper handwriting.

In witness whereof, I hereunto set my hand and official seal, this _________ day of ____________________________, A.D. ______________.

______________________________

Signature of Clerk

(SEAL)

Printed Name: _________________

(1899, c. 235, s. 8; Rev., s. 1007; C.S., s. 3328.)

47-46.1. Notice of satisfaction of deed of trust, mortgage, or other instrument.

The form of a notice of satisfaction of a deed of trust, mortgage, or other instrument pursuant to G.S. 45-37(a)(5) shall be substantially as follows:

STATE OF NORTH CAROLINA

COUNTY OF _________________

I, ________________________________________ (name of trustee or mortgagee), certify that the debt or other obligation in the amount of ____________________________ secured by the (deed of trust) (mortgage) (other instrument) executed by _______________________________________________ (grantor) (mortgagor), _________________________________________________ (trustee) (leave blank if mortgage), and ____________________________________ (beneficiary) (mortgagee), and recorded in __________ County at __________ (book and page) was satisfied on __________________________ (date of satisfaction).

______________________________

Signature of trustee or mortgagee

STATE OF NORTH CAROLINA

COUNTY OF __________________

I, ___________________________________ (name of officer taking acknowledgment), _____________________________________ (official title of person taking acknowledgment) certify that ________________________________________ (name of trustee or mortgagee) personally came before me this day and acknowledged the satisfaction of the provisions of the above-referenced (deed of trust) (mortgage)

(other instrument).

Witness my hand and official seal this the _________ day of ________________ (month), __________ (year).

______________________________

Notary Public

Printed Name: _________________

My Commission Expires:

_____________________

 

 

 

STATE OF NORTH CAROLINA

COUNTY OF __________________

The foregoing acknowledgment of _____________________________________ (name of officer that took acknowledgment), ___________________________________ (official title of person that took acknowledgment), is certified to be correct.

This __________(day) of ____________________(month), ________(year).

_____________________________

Signature of Register of Deeds

(1987, c. 4 05, s. 2, c. 662, s. 4; 1989, c. 434, s. 2.)

 

47-111. Inquiry by register of deeds; oath of applicant.

If any register of deeds shall be in doubt as to whether or not any paper so presented for registration is an official discharge from the army, navy, or marine corps of the United

States, or an official certificate of lost discharge, he shall have power to examine, under oath, the person so presenting such discharge, or otherwise inquire into its validity; and every register of deeds to whom a discharge or certificate of lost discharge is presented for registration shall administer to the person offering such discharge or certificate of lost discharge for registration the following oath, to be recorded with and form a part of the registration of such discharge or certificate of lost discharge:

STATE OF NORTH CAROLINA

COUNTY OF _________________

I, ___________________________________, being duly sworn, depose and say that the foregoing discharge (or certificate of lost discharge) is the original discharge (or certificate of lost discharge) issued to me by the government of the United States; and that no alterations have been made therein by me, or by any person to my knowledge.

Subscribed and sworn to before me this ______ day of _____________, ________.

______________________________

Notary Public

Printed Name: _________________

My Commission Expires:

_____________________

(1921, c. 198, s. 3; C.S., s. 3366(m); 1999-456, s. 59.)

 

Form for Statutory Power of Attorney

STATE OF NORTH CAROLINA

COUNTY OF ________________________

On this __________ day of ______________________________, ____________, personally appeared before me, the said named _________________________________ to me known and known to me to be the person described in and who executed the foregoing instrument and he (or she) acknowledged that he (or she) executed the same and being duly sworn by me, made oath that the statements in the foregoing instrument are true.

______________________________

Notary Public

(SEAL)

Printed Name: _________________

My Commission Expires:

_____________________

 

 

Form for health care power of attorney

STATE OF NORTH CAROLINA

COUNTY OF _________________________

CERTIFICATE

I, ______________________________, a Notary Public for ________________ County, North Carolina, hereby certify that ____________________________________ appeared before me and swore to me and to the witnesses in my presence that this instrument is a health care power of attorney, and that he/she willingly and voluntarily made and executed it as his/her free act and deed for the purposes expressed in it.

I further certify that ________________________________________ and ____________________________________________________, witnesses, appeared before me and swore that they witnessed ______________________________________ sign the attached health care power of attorney, believing him/her to be of sound mind; and also swore that at the time they witnessed the signing (i) they were not related within the third degree to him/her or his/her spouse, and (ii) they did not know nor have a reasonable expectation that they would be entitled to any portion of his/her estate upon his/her death under any will or codicil thereto then existing or under the Intestate Succession Act as it provided at that time, and (iii) they were not a physician attending him/her, nor an employee of an attending physician, nor an employee of a health facility in which he/she was a patient, nor an employee of a nursing home or any group-care home in which he/she resided, and (iv) they did not have a claim against

him/her.

I further certify that I am satisfied as to the genuineness and due execution of the instrument.

This the ____________ day of ____________________, ______________.

______________________________

Notary Public

Printed Name: _________________

My Commission Expires:

_____________________

 

REFERENCE:

North Carolina

N.C. Gen. Stat. 47-2 (1999) Officials of the United States, Foreign Countries, and Sister States

http://www.ncga.state.nc.us/statutes/statutes_in_html/chp0470.html

N.C. Gen. Stat. 47-2.1 (1999) Validation of Instruments Proved Before Officers of Certain Ranks

N.C. Gen. Stat. 47-2.2 (1999) Notary Public of Sister State

N.C. Gen. Stat. 47-5 (1999) When Seal of Officer Necessary to Probate

N.C. Gen. Stat. 47-12 (1999) Proof of Attested Instrument by Subscribing Witness

N.C. Gen. Stat. 47-14 (1999) Register of Deeds to Pass on Certificate And Register Instruments