Arkansas Code Title 16. Practice, Procedure, and Courts § 16-47-107. Forms for acknowledgment

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(a) For all deeds, conveyances, deeds of trust, mortgages, and other instruments in writing affecting or purporting to affect the title of any real estate situated in this state and executed by corporations, business trusts, estates, partnerships, limited liability companies, associations, joint ventures, or any other legal entities, the following form is deemed to be a valid acknowledgment and sufficient for recordation or entry into evidence under § 18-12-202:

“State of․․․․․․․․․․․․․․․

County of ․․․․․․․․․․․․․․․

On this ․․․․․․․․․․ day of ․․․․․․․․․․, 20 ․․․, before me, ․․․․․․․․․․, a Notary Public, (or before any officer within this State or without the State now qualified under existing law to take acknowledgments), duly commissioned, qualified and acting, within and for said County and State, appeared in person the within named ․․․․․․․․․․ and․․․․․․․․․․, (being the person or persons authorized by said corporation, [business trust, estate, partnership, limited liability company, association, joint venture, or other legal entity] to execute such instrument, stating their respective capacities in that behalf), to me personally well known (or satisfactorily proven to be such person), who stated that [he, she, or they] was [were] the ․․․․․․․․․․ [and․․․․․․․․․․] of the․․․․․․․․․․, a corporation [business trust, estate, partnership, limited liability company, association, joint venture, or other legal entity], and was [were] duly authorized in [his, her, or their] respective capacity [capacities] to execute the foregoing instrument(s) for and in the name and behalf of said corporation [business trust, estate, partnership, limited liability company, association, joint venture or other legal entity], and further stated and acknowledged that [he, she, or they] had so signed, executed, and delivered said foregoing instrument for the consideration, uses, and purposes therein mentioned and set forth.

“IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this ․․․․․․․․․․ day of ․․․․․․․․․․, 20 ․․․․

․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

(Notary Public)”

(b) For all deeds, conveyances, deeds of trust, mortgages, and other instruments in writing affecting or purporting to affect the title of any real estate situated in this state and executed by individuals, the following form is deemed to be a valid acknowledgment and sufficient for recordation or entry into evidence under § 18-12-202:

“State of․․․․․․․․․․

County of ․․․․․․․․․․

On this ․․․․․․․․․․ day of․․․․․․․․․․, 20․․․, before me,․․․․․․․․․․, a Notary Public, (or before any officer within this State or without the State now qualified under existing law to take acknowledgments), appeared the within named ․․․․․․․․․․ [and ․․․․․․․․․․], to me personally well known (or satisfactorily proven to be such person), who stated and acknowledged that [he, she, or they] had so signed, executed and delivered said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth.

“IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this ․․․․․․․․․․ day of ․․․․․․․․․․, 20․․․․

․․․․․․․․․․․․․․․

(Notary Public)”

(c) For all deeds, conveyances, deeds of trust, mortgages, and other instruments in writing affecting or purporting to affect the title of any real estate situated in this state and executed by attorneys in fact, the following form is deemed to be a valid acknowledgment and sufficient for recordation or entry into evidence under § 18-12-202:

“State of․․․․․․․․․․․․․․

County of․․․․․․․․․․․․․․

On this the ․․․․․․ day of․․․․․․․․․․․․․․, 20․․․․․․, before me, ․․․․․․․․․․․․․․, the undersigned officer, personally appeared․․․․․․․․․․․․․․, known to me (or satisfactorily proven) to be the person whose name is subscribed as attorney in fact for․․․․․․․․․․․․․․, and acknowledged that [he or she] executed the same as the act of [his or her] principal for the consideration, uses, and purposes therein contained.

IN TESTIMONY WHEREOF I hereunto set my hand and official seal.

․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

Title of Officer.”

(d) All deeds or instruments affecting or purporting to affect the title to land executed in the above and foregoing form listed in subsection (a), (b), or (c) of this section as applicable, shall be good and sufficient.

(e) The bracketed language listed in subsections (a), (b), and (c) above, suggests alternate language and is not required to be in an acknowledgment when the alternate language is not applicable.

(f) The use of the present or past tense in the form of acknowledgment shall not affect the validity of the acknowledgement.

(g) The heading of the acknowledgment may list either:

(1) The county where the officer executing the acknowledgment resides;  or

(2) The county where the acknowledgment occurred.

Cite this article: FindLaw.com - Arkansas Code Title 16. Practice, Procedure, and Courts § 16-47-107. Forms for acknowledgment - last updated January 01, 2020 | https://codes.findlaw.com/ar/title-16-practice-procedure-and-courts/ar-code-sect-16-47-107.html


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