S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2271
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2023
                                ___________
 
 Introduced  by  Sen.  LIU  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the real property law and the  civil  practice  law  and
   rules,  in  relation  to  clarifying requirements for acknowledgments,
   proofs, oaths and affirmations without the state

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 299 of the real property law, as amended by chapter
 279 of the laws of 1939, is amended to read as follows:
   §  299.  Acknowledgments  and proofs without the state, but within the
 United States or any territory, possession, or dependency thereof.    1.
 The  acknowledgment or proof of a conveyance of real property situate in
 this state, if made [(a)]  without  the  state  but  within  the  United
 States,  [(b)]  within  any  territory, possession, or dependency of the
 United States, or [(c)] within any place over which the  United  States,
 at the time when such acknowledgment or proof is taken, has or exercises
 jurisdiction,  sovereignty,  control,  or  a  protectorate,  may be made
 before any of the  following  officers  acting  within  his  territorial
 jurisdiction or within that of the court of which he is an officer:
   [1.]  (A)  A  judge  or  other presiding officer of any court having a
 seal, or the clerk or other certifying officer thereof.
   [2.] (B) A mayor or other chief civil officer of  any  city  or  other
 political subdivision.
   [3.] (C) A notary public.
   [4.]  (D)  A  commissioner  of deeds appointed pursuant to the laws of
 this state to take acknowledgments or proofs without this state.
   [5.] (E) Any person authorized, by the laws of the state, District  of
 Columbia,  territory,  possession,  dependency, or other place where the
 acknowledgment or proof is made, to take the acknowledgment or proof  of
 deeds to be recorded therein.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03851-01-3
 S. 2271                             2
              

 
   2.  THE SIGNATURE AND TITLE OF AN OFFICER LISTED IN SUBDIVISION ONE OF
 THIS SECTION WHO PERFORMS A NOTARIAL ACT  IN  ANOTHER  STATE  ARE  PRIMA
 FACIE  EVIDENCE  THAT  THE  SIGNATURE IS GENUINE AND THAT THE INDIVIDUAL
 HOLDS THE DESIGNATED TITLE.
   3.  THE  SIGNATURE  AND TITLE OF A NOTARIAL OFFICER DESCRIBED IN PARA-
 GRAPH (A), (C) OR (D) OF SUBDIVISION ONE OF  THIS  SECTION  CONCLUSIVELY
 ESTABLISH  THE AUTHORITY OF THE OFFICER TO PERFORM THE ACKNOWLEDGMENT OR
 PROOF OF A CONVEYANCE.
   § 2. The opening paragraph of  subdivision  1  and  paragraph  (c)  of
 subdivision  2  of section 299-a of the real property law, as amended by
 chapter 10 of the laws of 1940, are amended and two new  subdivisions  3
 and 4 are added to read as follows:
   An  acknowledgment or proof made pursuant to the provisions of section
 two hundred ninety-nine of this [chapter] ARTICLE may be  taken  in  the
 manner  prescribed either by the laws of the state of New York or by the
 laws of the state, District of Columbia, territory, possession,  depend-
 ency,  or  other place where the acknowledgment or proof is taken. [The]
 EXCEPT AS PROVIDED IN SUBDIVISION THREE OF THIS  SECTION  acknowledgment
 or  proof,  if taken in the manner prescribed by such state, District of
 Columbia, territory, possession, dependency, or  other  place,  must  be
 accompanied  by  a  certificate to the effect that it conforms with such
 laws. Such certificate may be made by:
   (c) [When] EXCEPT AS PROVIDED IN SUBDIVISION FOUR OF THIS SECTION,  an
 instrument  so  acknowledged or proved is accompanied by the certificate
 of conformity and the  statement  of  a  judicial  officer,  if  any  be
 required, the acknowledgment or proof of the instrument, for the purpose
 of recording, filing or registering in any recording or filing office in
 this  state  or for use as evidence, shall be equivalent to one taken or
 made in the form prescribed by law for use in this  state;  and  if  the
 acknowledgment  or proof is properly authenticated, where authentication
 is required by law, and if  the  instrument  be  otherwise  entitled  to
 record,  filing  or  registering,  such  instrument,  together  with the
 acknowledgment or proof, the certificate of conformity and  any  certif-
 icate  of  authentication  or  statement  of  a judicial officer, may be
 recorded, filed or registered in any recording or filing office in  this
 state,  and  shall  be  so recorded, filed or registered upon payment or
 tender of lawful fees therefor. In  fixing  the  fees  of  a  recording,
 filing  or  registering  officer,  the certificate of conformity and the
 statement of a judicial officer appended, if any, shall  be  treated  as
 certificates  of  authentication  required  by  other provisions of this
 chapter.
   3. NO CERTIFICATE OF CONFORMITY MAY BE REQUIRED FOR AN  ACKNOWLEDGMENT
 OR  PROOF  TAKEN  WITHOUT  THIS  STATE IF THE ACKNOWLEDGMENT OR PROOF IS
 TAKEN BY AND ACCOMPANIED BY THE SIGNATURE AND TITLE OF A NOTARIAL  OFFI-
 CER  LISTED  IN  PARAGRAPH (A), (C) OR (D) OF SUBDIVISION ONE OF SECTION
 TWO HUNDRED NINETY-NINE OF THIS ARTICLE.
   4. AN INSTRUMENT ACKNOWLEDGED OR PROVED TAKEN BY  AND  ACCOMPANIED  BY
 THE  SIGNATURE  AND TITLE OF A NOTARIAL OFFICER LISTED IN PARAGRAPH (A),
 (C) OR (D) OF SUBDIVISION ONE OF SECTION TWO HUNDRED NINETY-NINE OF THIS
 ARTICLE AND TAKEN IN THE MANNER PRESCRIBED BY THE LAWS OF SUCH  NOTARIAL
 OFFICER'S  JURISDICTION  SHALL BE EQUIVALENT TO ONE TAKEN OR MADE IN THE
 FORM PRESCRIBED BY LAW FOR USE IN THIS STATE. SUCH INSTRUMENT, IF OTHER-
 WISE ENTITLED TO RECORD, FILING, OR REGISTERING, MAY BE RECORDED, FILED,
 OR REGISTERED IN ANY RECORDING OR FILING OFFICE IN THIS STATE, AND SHALL
 BE SO RECORDED, FILED OR REGISTERED UPON PAYMENT  OR  TENDER  OF  LAWFUL
 FEES THEREFOR.
 S. 2271                             3
 
   §  3. Subdivisions 4 and 5 of section 311 of the real property law, as
 amended by chapter 10 of the laws  of  1940,  are  amended  to  read  as
 follows:
   4.  When  a certificate of acknowledgment or proof is made pursuant to
 the provisions of PARAGRAPH (E) OF subdivision [five] ONE of section two
 hundred ninety-nine or of subdivision seven of section three hundred one
 of this [chapter] ARTICLE by an  officer  or  person  not  elsewhere  in
 either  of said sections specifically designated to take acknowledgments
 or proofs, the conveyance so acknowledged or proved is not  entitled  to
 be  read  in  evidence or recorded within this state unless such certif-
 icate is authenticated (a) by the certificate of the secretary of  state
 of a state, or of the secretary of a territory, of the United States, or
 (b) by the certificate of any officer designated in subdivision three of
 this section to authenticate certificates of acknowledgment or proof, or
 (c)  by the certificate of any officer designated in [clauses] PARAGRAPH
 (a) or (b) of subdivision two of this section  to  authenticate  certif-
 icates  of  acknowledgment  or  proof,  or (d) by the certificate of the
 officer having charge of the official records showing  that  the  person
 taking the acknowledgment or proof is such officer as he purports to be,
 or having a record of the signature of such person.
   5.  Except  as provided in this section, no certificate of authentica-
 tion OR CERTIFICATE OF CONFORMITY shall be required to entitle a convey-
 ance to be read in evidence or recorded in this state when  acknowledged
 or  proved  before any officer designated in section two hundred ninety-
 nine or in section three hundred one of this [chapter] ARTICLE  to  take
 such acknowledgment or proof.
   § 4. Subdivision 3 of section 312 of the real property law, as amended
 by chapter 282 of the laws of 1963, is amended to read as follows:
   3. When such original certificate is made pursuant to PARAGRAPH (E) OF
 subdivision [five] ONE of section two hundred ninety-nine of this [chap-
 ter]  ARTICLE, such certificate of authentication must also specify that
 the person making  such  original  certificate,  at  the  time  when  it
 purports  to  have  been made, was authorized, by the laws of the state,
 District of Columbia, territory, possession, dependency, or other  place
 where  the  acknowledgment or proof was made, to take the acknowledgment
 or proof of deeds to be recorded therein.
   § 5. Subdivision (c) of section 2309 of the  civil  practice  law  and
 rules, as amended by chapter 282 of the laws of 1963, is amended to read
 as follows:
   (c) Oaths and affirmations taken without the state.  An oath or affir-
 mation  taken  without the state shall be treated as if taken within the
 state if it is accompanied by such certificate or certificates as  would
 be  required  to  entitle  a  deed  acknowledged without the state to be
 recorded within the state if [such deed had been acknowledged before the
 officer who administered the oath or  affirmation]  MADE  IN  ACCORDANCE
 WITH THE PROVISIONS OF THIS SECTION.
   § 6. This act shall take effect immediately.