§ 47-41.01. Corporate conveyances.
§ 47‑41.01. Corporateconveyances.
(a) The following formsof probate for deeds and other conveyances executed by a corporation shall bedeemed sufficient, but shall not exclude other forms of probate which would bedeemed sufficient in law.
(b) If the deed orother instrument is executed by an official of the corporation, signing thename of the corporation by him in his official capacity, or any other agentauthorized by resolution pursuant to G.S. 47‑18.3(e), is sealed with itscommon or corporate seal, and is attested by another person who is an attestingofficial of the corporation, the following form of acknowledgment issufficient:
____________________________________
(Stateand county, or other
descriptionof place where
acknowledgmentis taken)
I,_______________________________ , _______________________________________ ,
(Nameof officer taking (Officialtitle of officer
acknowledgment) takingacknowledgment)
certify that___________________________ personally came before
(Nameof attesting official)
me this day and acknowledged thathe (or she) is ________________________
(Titleof attesting official)
of_____________________, acorporation, and that by authority duly
(Nameof corporation)
given and as the act of thecorporation, the foregoing instrument was signed in its name byits__________________________,
(Titleof official)
sealed with its corporate seal,and attested by himself (or herself) as its __________________________
(Titleof attesting official)
Witness my hand and officialseal, this the _______ day of
____________,
(Month)
____________
(Year)
___________________________________________
(Signatureof officer taking acknowledgment)
(Official seal, if officer taking
acknowledgment has one)
My commission expires_____________________________________
(Dateof expiration of commission as
notarypublic)
(c) If the deed orother instrument is executed by an official of the corporation, signing thename of the corporation in his official capacity, or any other agent authorizedby resolution pursuant to G.S. 47‑18.3(e) the following form ofacknowledgment is sufficient:
(Stateand county, or other
descriptionof place where
acknowledgmentis taken)
I,_______________________ , _____________________________,
(Name ofofficer taking (Official title ofofficer
acknowledgment) takingacknowledgment)
certify that_______________________ personally came before
(Nameof official)
me this day and acknowledged thathe (or she) is _____________________
(Titleof official)
of________________________, acorporation, and that he/she, as
_________________________, beingauthorized to do so, executed the
(Titleof official)
foregoing on behalf of thecorporation.
Witness my hand and officialseal, this the _______ day of
____________,
(Month)
____________
(Year)
____________________________________________
(Signatureof officer taking acknowledgment)
(Official seal, if officer taking
acknowledgment has one)
My commission expires_____________________________________
(Dateof expiration of commission as
notarypublic)
(d) For purposes ofthis section:
(1) The words "acorporation" following the blank for the name of the corporation may beomitted when the name of the corporation ends with the word"Corporation" or "Incorporated."
(2) The words "Mycommission expires" and the date of expiration of the notary public'scommission may be omitted except when a notary public is the officer taking theacknowledgment. The fact that these words and this date may be located in aposition on the form different from the position indicated in this subsectiondoes not by itself invalidate the form.
(3) The phrase "andofficial seal" and the seal itself may be omitted when the officer takingthe acknowledgment has no seal or when such officer is the clerk, assistantclerk, or deputy clerk of the superior court of the county in which the deed orother instrument acknowledged is to be registered.
(4) The official of thecorporation is the corporation's chairman, president, chief executive officer,a vice‑president or an assistant vice‑president, treasurer, orchief financial officer, or any other agent authorized by resolution pursuantto G.S. 47‑18.3(e).
(5) The attestingofficial of the corporation is the corporation's secretary or assistantsecretary, trust officer, assistant trust officer, associate trust officer, orin the case of a bank, its secretary, assistant secretary, cashier or assistantcashier.
(6) The phrase"sealed with its corporate seal" may be omitted if the seal of thecorporation has not been affixed to the instrument being acknowledged.
(e) The forms ofprobate set forth in this section may be modified and adopted for use in theprobate of deeds and other conveyances and instruments executed by entitiesother than corporations, including general and limited partnerships, limitedliability companies, trusts, and unincorporated associations. This subsectionapplies to notarial certificates and forms of probate made before, on, or afterDecember 1, 2005. (1991,c. 647, s. 4; 1995 (Reg. Sess., 1996), c. 742, s. 18; 1999‑221, s. 1;2006‑59, s. 29.)