55-118.2 - Proof of authority of person performing notarial act.
§ 55-118.2. Proof of authority of person performing notarial act.
(a) If the notarial act is performed by any of the persons described inparagraphs (1) through (4) of § 55-118.1, other than a person authorized toperform notarial acts by the laws or regulations of a foreign country, thesignature, rank, or title and serial number, if any, of the person aresufficient proof of the authority of a holder of that rank or title toperform the act. Further proof of his authority is not required.
(b) If the notarial act is performed by a person authorized by the laws orregulations of a foreign country to perform the act, there is sufficientproof of the authority of that person to act if:
(1) Either a foreign service officer of the United States resident in thecountry in which the act is performed or a diplomatic or consular officer ofthe foreign country resident in the United States certifies that a personholding that office is authorized to perform the act;
(2) The official seal of the person performing the notarial act is affixed tothe document; or
(3) The title and indication of authority to perform notarial acts of theperson appears either in a digest of foreign law or in a list customarilyused as a source of such information.
(c) If the notarial act is performed by a person other than one described insubsections (a) and (b), there is sufficient proof of the authority of thatperson to act if the clerk of a court of record in the place in which thenotarial act is performed certifies to the official character of that personand to his authority to perform the notarial act.
(d) The signature and title of the person performing the act are prima facieevidence that he is a person with the designated title and that the signatureis genuine.
(1970, c. 719.)