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Home > Underwriting > Title News > Fourteen Volume Eight


SERIES: Fourteen VOLUME: Eight DATED: August, 1999

~ REVISED ACKNOWLEDGEMENT FORMS EFFECTIVE SEPTEMBER 1, 1999 ~

The form of uniform acknowledgements required by all County Clerks to record documents in New York will change effective September 1st.

Real Property Law Section 309-a which becomes effective on September 1, 1999 states as follows:

"Section 309-a UNIFORM FORMS OF CERTIFICATES OF ACKNOWLEDGEMENT OR PROOF WITHIN THIS STATE.

1. The certificate of an acknowledgement, within this state, of a conveyance or other instrument in respect to real property situate in this state, by a person, must conform substantially with the following form, the blanks being properly filled:

State of New York )

County of ) 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 form of acknowledgement by a subscribing witness, in New York concerning an instrument made by any person in respect to real property is set forth in full in the statute]

3. A certificate of an acknowledgement or proof taken under section three hundred of this article shall include the additional information required by that section. [ie persons in the US armed forces]

4. For the purposes of this section, the term "person" means any corporation, joint stock company, estate, general partnership (including any registered limited liability partnership or foreign limited liability partnership), limited liability company (including a professional service limited liability company), foreign limited liability company (including a foreign professional service limited liability company), joint venture, limited partnership, natural person, attorney in fact, real estate investment trust, business trust or other trust, custodian, nominee or any other individual or entity in its own or any representative capacity."

[Emphasis added]

Real Property Law Section 309 which sets forth the form of corporate acknowledgements has also been amended effective September 1, 1999 to read as follows:

"Section 309 ACKNOWLEDGEMENT BY CORPORATION AND FORM OF CERTIFICATE.

1. The acknowledgement of a conveyance or other instrument by a corporation must be made by an officer or attorney in fact duly appointed, or in case of a dissolved corporation, by an officer, director, or attorney in fact fully appointed thereof authorized to execute the same by the board of directors of said corporation.

2.

[Subdivision "2." sets forth corporate acknowledgement forms (ie with and without a seal) acceptable only for corporate acknowledgements taken outside New York State after September 1, 1999].

3. Subdivision 2 of this section shall be inapplicable to the acknowledgement, within this state, of a conveyance or other instrument in respect to real property situate in this state executed on or after the first day of September, nineteen hundred ninety nine. A certificate of such acknowledgement shall be subject to the provisions of Section 309-a of this article."

[Emphasis added]

 

Section 309-b UNIFORM FORMS OF CERTIFICATES OF ACKNOWLEDGEMENT OR PROOF WITHOUT THIS STATE became effective January 21, 1999 recites as follows:

"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 ) ss.:

Foreign Country )

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), 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, and that such individual made such appearance before the undersigned in the ____________ (insert the city or other political subdivision and the state or country or other place the acknowledgement was taken).

(Signature and office of individual taking acknowledgement).

2.

[Subdivision "2" provides a form for proof of execution by a subscribing witness outside New York]

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 acknowledgement 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 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 the subdivision four of section three hundred nine-a of this article."

The New York State Department of State Counsel's Office has summarized the implementation of the revised acknowledgement requirements as follows:

"General

The new uniform acknowledgment and the new uniform proof are to be used (1) only on documents relating to a conveyance or other instruments with respect to real property located in New York State, and (2) only for acknowledgments or proofs taken within the State of New York.

In all other cases, use a form acknowledgment or proof that has been acceptable in the past. For example, the section 309 forms for corporations or a traditional form of acknowledgment or proof for individuals, representatives and other entities may be used.

The following describes how the new law is to be implemented. Although the following focuses on acknowledgments, the rules for using the new form for proof by a subscribing witness are the same as those for use of the new acknowledgment:

1. Acknowledgments taken within New York State: ...

On or after 9/1/99:

For all, including corporations:

Use only the new uniform acknowledgment.

2. Acknowledgments taken outside New York State: ...

On or after 9/1/99:

For all except corporations:

Use any form that has been acceptable in the past under New York law or a form that conforms to the law of the place where the acknowledgment is taken. Do not use the new uniform acknowledgment.

For corporations:

Use the real Property Law, Section 309, form or a form that conforms to the law of the place where the acknowledgment is taken. Do not use the new uniform acknowledgment."


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