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This entry was published on 2014-09-22
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Certificates as evidence; affirmation of documents and testimony
Financial Services Law (FIS) CHAPTER 18-A, ARTICLE 3
§ 310. Certificates as evidence; affirmation of documents and
testimony. (a) Every certificate, assignment, conveyance or other paper
executed by the superintendent or one of the superintendent's deputies
pursuant to law and sealed with the official seal of the department
shall be received as evidence in any judicial or other proceeding and
may be recorded in the proper recording offices.

(b) Any charter, or any certificate or other instrument supplemental
to or amendatory of the charter, of any regulated person filed in the
office of the superintendent and containing statements of fact required
or permitted by law to be contained therein, shall be received in all
courts, public offices and official bodies as prima facie evidence of
such facts and of the execution of such instrument.

(c) Whenever by the laws of any jurisdiction other than this state,
any certificate by any officer in such jurisdiction or a copy of any
instruments certified or exemplified by any such officer, may be
received as prima facie evidence of the incorporation, existence or
capacity of any corporation incorporated in such jurisdiction, or
claiming so to be, such certificate when exemplified, or such copy of
such instrument when exemplified shall be received in all courts, public
offices and official bodies of this state, as prima facie evidence with
the same force as in such jurisdiction. Such certificate or certified
copy of such instrument shall be so received, without being exemplified,
if it is certified by the secretary of state, or official performing the
equivalent function as to corporate records of such jurisdiction.

(d) Notwithstanding any provision of this chapter, the insurance law
or the banking law requiring an oath as to the proof of a document or
the truth of testimony, the affiant may, if the affiant's religious
beliefs cause the affiant to object to giving an oath, affirm the
document or the affiant's testimony.