Assembly Bill A3018

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3018

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2011
                               ___________

Introduced  by M. of A. SCHROEDER, COOK -- read once and referred to the
  Committee on Judiciary

AN ACT to amend the real property law, in relation to notary publics

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Section 303 of the real property law is amended to read as
follows:
  S  303.  Requisites  of acknowledgments. An acknowledgment must not be
taken by any officer unless he knows or has satisfactory evidence,  that
the  person  making  it is the person described in and who executed such
instrument.   SATISFACTORY EVIDENCE OF IDENTITY  MEANS  RELIANCE  ON  AT
LEAST  ONE  CURRENT  FORM OF IDENTIFICATION ISSUED BY A FEDERAL OR STATE
GOVERNMENT THAT CONTAINS THE BEARER'S PHOTOGRAPH AND  SIGNATURE;  OR  ON
THE  OATH OR AFFIRMATION OF AN INDIVIDUAL WHO IS PERSONALLY KNOWN TO THE
NOTARY AND WHO PERSONALLY KNOWS THE ACKNOWLEDGER; OR, IN THE CASE OF  AN
ACKNOWLEDGER  SIXTY-FIVE  YEARS OF AGE OR OLDER, ON THE OATH OR AFFIRMA-
TION OF  AN  INDIVIDUAL  WHO  PERSONALLY  KNOWS  THE  ACKNOWLEDGER,  AND
PROVIDES  AT  LEAST  ONE  CURRENT FORM OF IDENTIFICATION AS DESCRIBED IN
THIS SECTION, AND HAS NO INVOLVEMENT  IN  THE  TRANSACTION  REQUIRING  A
NOTARIAL ACT.
  S  2.  Section 309 of the real property law, as amended by chapter 179
of the laws of 1997, is amended to read as follows:
  S 309. Acknowledgment  by  INDIVIDUAL,  corporation,  PARTNERSHIP   OR
ATTORNEY  IN FACT and form of certificate; FORM OF CERTIFICATE FOR PROOF
BY SUBSCRIBING WITNESS.  1.  The acknowledgment of a conveyance or other
instrument by a corporation, must be made by an officer or  attorney  in
fact  duly appointed, or in case of a dissolved corporation, by an offi-
cer, director or attorney in fact duly appointed thereof  authorized  to
execute the same by the board of directors of said corporation.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06777-01-1

A. 3018                             2
              

  2.  A.  The  certificate  of acknowledgment must conform substantially
with one of the following alternative forms, the blanks  being  properly
filled:
  State of New York  )ss.:
  County of..... )
  On  the.......  day  of....... in the year....... before me personally
came......., to me known, who, being by me duly sworn,  did  depose  and
say  that  he/she/they reside(s) in....... (if the place of residence is
in a city, include the street and street number, if any, thereof);  that
he/she/they  is  (are)  the  (president  or other officer or director or
attorney in fact duly appointed)  of  the  (name  of  corporation),  the
corporation  described  in and which executed the above instrument; that
he/she/they know(s) the seal of said corporation; that the seal  affixed
to  said  instrument  is  such corporate seal; that it was so affixed by
authority of the board  of  directors  of  said  corporation,  and  that
he/she/they signed his/her/their name(s) thereto by like authority.
  (Signature and office of person taking acknowledgment.)
  State of New York  )ss.:
  County of..... )
  On  the.......  day  of....... in the year....... before me personally
came......., to me known, who, being by me duly sworn,  did  depose  and
say  that  he/she/they reside(s) in....... (if the place of residence is
in a city, include the street and street number, if any, thereof);  that
he/she/they  is  (are)  the  (president  or other officer or director or
attorney in fact duly appointed)  of  the  (name  of  corporation),  the
corporation  described  in  and which executed the above instrument; and
that he/she/they signed his/her/their name(s) thereto  by  authority  of
the board of directors of said corporation.
  (Signature and office of person taking acknowledgment.)
  B.  THE CERTIFICATE OF ACKNOWLEDGMENT OF A CONVEYANCE OR OTHER INSTRU-
MENT BY AN INDIVIDUAL ON HIS OR HER OWN BEHALF MUST CONFORM SUBSTANTIAL-
LY WITH THE FOLLOWING FORM, THE BLANKS BEING PROPERLY FILLED:
  STATE OF NEW YORK  ) SS.:
  COUNTY OF .....    )
  ON  THE ..... DAY OF .......... IN THE YEAR ..... BEFORE ME PERSONALLY
CAME ..............., TO ME KNOWN TO BE THE INDIVIDUAL DESCRIBED IN  AND
WHO  EXECUTED  THE  FOREGOING  INSTRUMENT,  AND ACKNOWLEDGED THAT HE/SHE
EXECUTED THE SAME.
  (SIGNATURE AND OFFICE OF PERSON TAKING ACKNOWLEDGMENT.)
  C. THE CERTIFICATE OF ACKNOWLEDGMENT OF A CONVEYANCE OR OTHER  INSTRU-
MENT  BY A PARTNER ON BEHALF OF A PARTNERSHIP MUST CONFORM SUBSTANTIALLY
WITH THE FOLLOWING FORM, THE BLANKS BEING PROPERLY FILLED:
  STATE OF NEW YORK  ) SS.:
  COUNTY OF .....    )
  ON THE ..... DAY OF .......... IN THE YEAR ..... BEFORE ME  PERSONALLY
CAME  ...............,  TO  ME  KNOWN  TO BE THE PERSON WHO EXECUTED THE
FOREGOING INSTRUMENT, AND WHO, BEING BY ME DULY SWORN,  DID  DEPOSE  AND
SAY  THAT  HE/SHE IS A MEMBER OF THE FIRM OF ..............., A CO-PART-
NERSHIP, AND THAT HE/SHE EXECUTED THE FOREGOING INSTRUMENT IN  THE  FIRM
NAME OF ..............., AND THAT HE/SHE HAD AUTHORITY TO SIGN THE SAME,
AND  HE/SHE  ACKNOWLEDGED TO ME THAT HE/SHE EXECUTED THE SAME AS THE ACT
AND DEED OF SAID FIRM FOR THE USES AND PURPOSES THEREIN CONTAINED.
  (SIGNATURE AND OFFICE OF PERSON TAKING ACKNOWLEDGMENT.)
  D. THE CERTIFICATE OF ACKNOWLEDGMENT OF A CONVEYANCE OR OTHER  INSTRU-
MENT  BY  AN  ATTORNEY  IN FACT ON BEHALF OF ANOTHER PERSON MUST CONFORM
SUBSTANTIALLY WITH THE FOLLOWING FORM, THE BLANKS BEING PROPERLY FILLED:

A. 3018                             3

  STATE OF NEW YORK  ) SS.:
  COUNTY OF .....   )
  ON  THE ..... DAY OF .......... IN THE YEAR ..... BEFORE ME PERSONALLY
CAME ..............., TO ME PERSONALLY KNOWN TO BE THE PERSON  DESCRIBED
AND  APPOINTED  ATTORNEY  IN  FACT  AND  BY  A CERTAIN POWER OF ATTORNEY
EXECUTED BY .............., DATED .......... AND RECORDED IN THE  OFFICE
OF  THE CLERK OF ...... COUNTY ON THE ..... DAY OF ......... IN THE YEAR
..... (OR, TO BE RECORDED IN THE OFFICE OF THE CLERK OF .........  COUN-
TY SIMULTANEOUSLY WITH THE FOREGOING INSTRUMENT) AND ACKNOWLEDGED TO  ME
THAT HE/SHE HAD EXECUTED THE FOREGOING INSTRUMENT AS THE ACT OF THE SAID
..........
  (SIGNATURE AND OFFICE OF PERSON TAKING ACKNOWLEDGMENT.)
  THE CERTIFICATE FOR A PROOF OF EXECUTION BY A SUBSCRIBING WITNESS MUST
CONFORM SUBSTANTIALLY WITH THE FOLLOWING FORM, THE BLANKS BEING PROPERLY
FILLED:
  STATE OF NEW YORK  ) SS.:
  COUNTY OF .....    )
  ON  THE  .....  DAY OF ......... IN THE YEAR BEFORE ME PERSONALLY CAME
.............., THE SUBSCRIBING WITNESS  TO  THE  FOREGOING  INSTRUMENT,
WITH  WHOM  I AM PERSONALLY ACQUAINTED, WHO, BEING BY ME DULY SWORN, DID
DEPOSE AND SAY THAT HE/SHE RESIDES IN .......... (IF THE PLACE OF  RESI-
DENCE IS IN A CITY, INCLUDE THE STREET AND STREET NUMBER, IF ANY, THERE-
OF);  THAT  HE/SHE KNOWS ............. TO BE THE INDIVIDUAL DESCRIBED IN
AND WHO EXECUTED THE FOREGOING INSTRUMENT; THAT HE/SHE, SAID SUBSCRIBING
WITNESS, WAS PRESENT AND SAW SAID ............... EXECUTE THE SAME;  AND
THAT  HE/SHE,  SAID WITNESS, AT THE SAME TIME SUBSCRIBED HIS/HER NAME AS
WITNESS THERETO.
  (SIGNATURE AND OFFICE OF PERSON TAKING PROOF.)
  3. Subdivision two of  this  section  shall  be  inapplicable  to  the
acknowledgment,  within  this state, of a conveyance or other instrument
in respect to real property situate in this state executed on  or  after
the  first day of September, nineteen hundred ninety-nine. A certificate
of such an acknowledgment shall be subject to the provisions of  section
three hundred nine-a of this article.
  S 3. This act shall take effect immediately.