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New York Consolidated Laws, Real Property Law - RPP § 309-b. Uniform forms of certificates of acknowledgement or proof without this state

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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.

Cite this article: FindLaw.com - New York Consolidated Laws, Real Property Law - RPP § 309-b. Uniform forms of certificates of acknowledgement or proof without this state - last updated January 01, 2021 | https://codes.findlaw.com/ny/real-property-law/rpp-sect-309-b/


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