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Showing posts from January, 2025

What Does “Signed Under Seal” Mean in North Carolina?

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When it comes to legal documents, some seemingly archaic terms can carry significant legal implications. One such term is “SEAL.” In North Carolina, the presence of this word on a legal document can extend the statute of limitations for filing a lawsuit related to that document from the standard three years to a full ten years. This blog will unpack the meaning of “signed under seal,” its historical roots, and how it is recognized under North Carolina law. Understanding N.C.G.S. § 1-47 North Carolina General Statute § 1-47 sets a 10-year statute of limitations for certain legal actions, including those involving sealed instruments or documents conveying interests in real property. Here’s a simplified breakdown: Sealed Instruments: A sealed instrument refers to a document signed by a party and marked with a seal or the word “SEAL” adjacent to the signature. If a contract or legal document is executed under seal, parties have 10 years to bring legal action regarding disputes related to...

Educating vs. Advising: Why Notaries Cannot Provide Legal Advice

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  As a notary, your role is to serve as an impartial witness to the signing of important documents, ensuring they are executed correctly and authentically. However, a common question arises: where do you draw the line between educating others and providing legal advice? Understanding this distinction is essential to avoid engaging in the unauthorized practice of law (UPL). Educating vs. Advising: The Key Difference Educating (Permissible) Educating involves providing factual, neutral information without interpreting or applying it to the signer’s specific situation. For instance: Example: Explaining the term "seal" by stating, "In legal documents, the term 'seal' often indicates that the document is intended to have a longer enforceability period. This is a standard legal formality and not just decorative." Such explanations provide general knowledge that anyone can benefit from without crossing into the realm of advice. Advising (Prohibited) Advising occur...