Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 309-B
Uniform forms of certificates of acknowledgement or proof without this state
Real Property (RPP) CHAPTER 50, ARTICLE 9
§ 309-b. Uniform forms of certificates of acknowledgement or proof
without this state. 1. The certificate of an acknowledgement, without
this state, of a conveyance or other instrument with respect to real
property situate in this state, by a person, may conform substantially
with the following form, the blanks being properly filled:
State, District of Columbia, Territory, Possession, or Foreign Country

) ss.:
On the _______ day of __________ in the year _______ before me, the
undersigned, personally appeared ______________, personally known to me
or proved to me on the basis of satisfactory evidence to be the
individual(s) whose name(s) is (are) subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in
his/her/their capacity(ies), and that by his/her/their signature(s) on
the instrument, the individual(s), or the person upon behalf of which
the individual(s) acted, executed the instrument.
(Signature and office of individual taking acknowledgement.)

2. The certificate for a proof of execution by a subscribing witness,
without this state, of a conveyance or other instrument made by any
person in respect to real property situate in this state, may conform
substantially with the following form, the blanks being properly filled:
State, District of Columbia, Territory, Possession, or Foreign Country

)ss.:
On the _______ day of ________ in the year ________ before me, the
undersigned, personally appeared ________________, 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 residence is in a
city, include the street and street number, if any, thereof); that
he/she knows _____________ to be the individual described in and who
executed the foregoing instrument; that said subscribing witness was
present and saw said _____________ execute the same; and that said
witness at the same time subscribed his/her name as a witness thereto.
(Signature and office of individual taking proof.)

3. No provision of this section shall be construed to:

(a) modify the choice of laws afforded by sections two hundred
ninety-nine-a and three hundred one-a of this article pursuant to which
an acknowledgement or proof may be taken;

(b) modify any requirement of section three hundred seven of this
article;

(c) modify any requirement for a seal imposed by subdivision one of
section three hundred eight of this article;

(d) modify any requirement concerning a certificate of authentication
imposed by section three hundred eight, three hundred eleven, three
hundred twelve, three hundred fourteen, or three hundred eighteen of
this article; or

(e) modify any requirement imposed by any provision of this article
when the certificate of acknowledgment or proof purports to be taken in
the manner prescribed by the laws of another state, the District of
Columbia, territory, possession, or foreign country.

4. A certificate of an acknowledgement or proof taken under section
three hundred of this article shall include the additional information
required by that section.

5. For the purposes of this section, the term "person" means a person
as defined in subdivision four of section three hundred nine-a of this
article.

6. The inclusion within the body (other than the jurat) of a
certificate of acknowledgment or proof made under this section of the
city or other political subdivision and the state or country or other
place the acknowledgment was taken shall be deemed a non-substantial
variance from the form of a certificate authorized by this section.