Bill Text: NC H926 | 2013-2014 | Regular Session | Amended

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Bill Title: Notaries/Private Right of Action

Spectrum: Partisan Bill (Republican 3-0)

Status: (Engrossed - Dead) 2013-05-15 - Ref To Com On Judiciary II [H926 Detail]

Download: North_Carolina-2013-H926-Amended.html

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GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2013

H                                                                                                                                                   2

HOUSE BILL 926

Committee Substitute Favorable 5/14/13

 

Short Title:        Notaries/Private Right of Action.		(Public)
Sponsors:
Referred to:

April 15, 2013

A BILL TO BE ENTITLED

AN ACT creating a private right of action against notaries who violate the notary public act.

The General Assembly of North Carolina enacts:

SECTION 1.  Part 8 of Article 1 of Chapter 10B of the General Statutes is amended by adding a new section to read:

"§ 10B‑61.  Private right of action.

(a)        Any party to a transaction requiring a notarial certificate for verification, and any attorney licensed in this State who is involved in such a transaction in any capacity, whether or not the attorney is representing one of the parties to the transaction, shall have standing to bring a civil action in superior court against any public notary commissioned under this Chapter who violates the provisions of this act in connection with that transaction.

(b)        A party or attorney having standing under subsection (a) of this section may maintain an action for damages against the notary or may seek injunctive relief against the notary, or both. The action shall be brought in the county where the transaction took place, and if that cannot be determined, then the action may be filed in the Superior Court of Wake County.

(c)        The remedies available in this section are cumulative and do not affect the availability of any other sanction, remedy, or claim against a notary allowed under this Chapter or other State or federal law.

(d)        It is the intention of the General Assembly that if the provisions of this act are held invalid as a grant of an exclusive or separate emolument or privilege or as a denial of the equal protection of the laws, within the meaning of Article I, Sections 19 and 32 of the North Carolina Constitution, the remainder of this act shall be given effect without the invalid provision or provisions."

SECTION 2.  This act is effective when it becomes law and applies to notarial acts and omissions occurring on or after that date.