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Renee
Michigan
549 Posts |
 Posted - 07/27/2012 : 03:50:06 AM
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Here is the applicable chapter from NC's statutes - you do NOT need to see the original or even a copy of the POA:
(h) If an individual signs a record and purports to be acting in a representative or fiduciary capacity, that individual is also deemed to represent to the notary that he or she is signing the record with proper authority to do so and also is signing the record on behalf of the person or entity represented and identified therein or in the fiduciary capacity indicated therein. In performing a notarial act in relation to an individual described under this subsection, a notary is under no duty to verify whether the individual acted in a representative or fiduciary capacity or, if so, whether the individual was duly authorized so to do. A notarial certificate may include any of the following:
(1) A statement that an individual signed a record in a particular representative or fiduciary capacity.
(2) A statement that the individual who signed the record in a representative or fiduciary capacity had due authority so to do.
(3) A statement identifying the represented person or entity or the fiduciary capacity. (2005-391, s. 4; 2006-59, s. 18.)
Edited to add link to your statutes, happy reading!
http://www.ncga.state.nc.us/enactedlegislation/statutes/pdf/bychapter/chapter_10b.pdf |
Edited by - Renee on 07/27/2012 03:52:17 AM |
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LindaH
Florida
1754 Posts |
Posted - 07/26/2012 : 12:48:26 PM
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quote:
Originally posted by Kevin Picklesimer
What are the legalities of using a Power of Attorney? In order to notarize documents with a POA does the original need to be present?
Recently I received a call from a company and they didn't know if the title company had the POA. I spoke with the borrower and the POA wasn't going to be present at closing, luckily the borrower had to reschedule and I now have the opportunity to gain some advice here!
Check your handbook - this is very state-specific - in Florida we are not required to see the POA - if the signer tells us they have POA we rely on that -
I'd check your handbook closely for guidance, check with you SOS - then most DEFINITELY check with the hiring party as to whether or not you're picking up the POA for recording.
Good Luck.
Linda
http://www.columbiacountynotary.webs.com |
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21692
Virginia
7 Posts |
Posted - 07/26/2012 : 11:34:28 AM
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Yes, the original POA must be present and should also be current, not expired.
Hope this helps . |
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Kevin Picklesimer
North Carolina
8 Posts |
Posted - 07/26/2012 : 10:25:43 AM
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What are the legalities of using a Power of Attorney? In order to notarize documents with a POA does the original need to be present?
Recently I received a call from a company and they didn't know if the title company had the POA. I spoke with the borrower and the POA wasn't going to be present at closing, luckily the borrower had to reschedule and I now have the opportunity to gain some advice here! |
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Original Power of Attorney?
