Legislation
SECTION 299-A
Acknowledgment to conform to law of New York or of place where taken; certificate of conformity
Real Property (RPP) CHAPTER 50, ARTICLE 9
§ 299-a. Acknowledgment to conform to law of New York or of place
where taken; certificate of conformity. 1. An acknowledgment or proof
made pursuant to the provisions of section two hundred ninety-nine of
this article may be taken in the manner prescribed either by the laws of
the state of New York or by the laws of the state, District of Columbia,
territory, possession, dependency, or other place where the
acknowledgment or proof is taken. Except as provided in subdivision
three of this section acknowledgment or proof, if taken in the manner
prescribed by such state, District of Columbia, territory, possession,
dependency, or other place, must be accompanied by a certificate to the
effect that it conforms with such laws. Such certificate may be made by:
(a) An attorney-at-law admitted to practice in the state of New York,
resident in the place where the acknowledgment or proof is taken, or by
(b) An attorney-at-law admitted to practice in the state, District of
Columbia, territory, possession, dependency, or other place where the
acknowledgment or proof is taken, or by
(c) Any other person deemed qualified by any court of the state of New
York, if, in any action, proceeding, or other matter pending before such
court, it be necessary to determine that such acknowledgment or proof
conforms with the laws of such state, District of Columbia, territory,
possession, dependency, or other place; or by the supreme court of the
state of New York, on application for such determination. The justice,
judge, surrogate, or other presiding judicial officer shall append to
the instrument so acknowledged or proved his signed statement that he
deemed such person qualified to make such certificate.
2. (a) The signature to such a certificate of conformity shall be
presumptively genuine, and the qualification of the person whose name is
so signed as a person authorized to make such certificate shall be
presumptively established by the recital thereof in the certificate.
(b) The statement of a judicial officer appended to the instrument
that he deemed the person making such certificate qualified shall
establish the qualification of the person designated therein to make
such certificate; and the recording, filing, registering or use as
evidence of the instrument shall not depend on the power of the court to
make the statement and proof shall not be required of any action,
proceeding, matter or application in which or in connection with which
the statement is made.
(c) Except as provided in subdivision four of this section, an
instrument so acknowledged or proved is accompanied by the certificate
of conformity and the statement of a judicial officer, if any be
required, the acknowledgment or proof of the instrument, for the purpose
of recording, filing or registering in any recording or filing office in
this state or for use as evidence, shall be equivalent to one taken or
made in the form prescribed by law for use in this state; and if the
acknowledgment or proof is properly authenticated, where authentication
is required by law, and if the instrument be otherwise entitled to
record, filing or registering, such instrument, together with the
acknowledgment or proof, the certificate of conformity and any
certificate of authentication or statement of a judicial officer, may be
recorded, filed or registered in any recording or filing office in this
state, and shall be so recorded, filed or registered upon payment or
tender of lawful fees therefor. In fixing the fees of a recording,
filing or registering officer, the certificate of conformity and the
statement of a judicial officer appended, if any, shall be treated as
certificates of authentication required by other provisions of this
chapter.
3. No certificate of conformity may be required for an acknowledgment
or proof taken without this state if the acknowledgment or proof is
taken by and accompanied by the signature and title of a notarial
officer listed in paragraph (a), (c) or (d) of subdivision one of
section two hundred ninety-nine of this article.
4. An instrument acknowledged or proved taken by and accompanied by
the signature and title of a notarial officer listed in paragraph (a),
(c) or (d) of subdivision one of section two hundred ninety-nine of this
article and taken in the manner prescribed by the laws of such notarial
officer's jurisdiction shall be equivalent to one taken or made in the
form prescribed by law for use in this state. Such instrument, if
otherwise entitled to record, filing, or registering, may be recorded,
filed, or registered in any recording or filing office in this state,
and shall be so recorded, filed or registered upon payment or tender of
lawful fees therefor.
where taken; certificate of conformity. 1. An acknowledgment or proof
made pursuant to the provisions of section two hundred ninety-nine of
this article may be taken in the manner prescribed either by the laws of
the state of New York or by the laws of the state, District of Columbia,
territory, possession, dependency, or other place where the
acknowledgment or proof is taken. Except as provided in subdivision
three of this section acknowledgment or proof, if taken in the manner
prescribed by such state, District of Columbia, territory, possession,
dependency, or other place, must be accompanied by a certificate to the
effect that it conforms with such laws. Such certificate may be made by:
(a) An attorney-at-law admitted to practice in the state of New York,
resident in the place where the acknowledgment or proof is taken, or by
(b) An attorney-at-law admitted to practice in the state, District of
Columbia, territory, possession, dependency, or other place where the
acknowledgment or proof is taken, or by
(c) Any other person deemed qualified by any court of the state of New
York, if, in any action, proceeding, or other matter pending before such
court, it be necessary to determine that such acknowledgment or proof
conforms with the laws of such state, District of Columbia, territory,
possession, dependency, or other place; or by the supreme court of the
state of New York, on application for such determination. The justice,
judge, surrogate, or other presiding judicial officer shall append to
the instrument so acknowledged or proved his signed statement that he
deemed such person qualified to make such certificate.
2. (a) The signature to such a certificate of conformity shall be
presumptively genuine, and the qualification of the person whose name is
so signed as a person authorized to make such certificate shall be
presumptively established by the recital thereof in the certificate.
(b) The statement of a judicial officer appended to the instrument
that he deemed the person making such certificate qualified shall
establish the qualification of the person designated therein to make
such certificate; and the recording, filing, registering or use as
evidence of the instrument shall not depend on the power of the court to
make the statement and proof shall not be required of any action,
proceeding, matter or application in which or in connection with which
the statement is made.
(c) Except as provided in subdivision four of this section, an
instrument so acknowledged or proved is accompanied by the certificate
of conformity and the statement of a judicial officer, if any be
required, the acknowledgment or proof of the instrument, for the purpose
of recording, filing or registering in any recording or filing office in
this state or for use as evidence, shall be equivalent to one taken or
made in the form prescribed by law for use in this state; and if the
acknowledgment or proof is properly authenticated, where authentication
is required by law, and if the instrument be otherwise entitled to
record, filing or registering, such instrument, together with the
acknowledgment or proof, the certificate of conformity and any
certificate of authentication or statement of a judicial officer, may be
recorded, filed or registered in any recording or filing office in this
state, and shall be so recorded, filed or registered upon payment or
tender of lawful fees therefor. In fixing the fees of a recording,
filing or registering officer, the certificate of conformity and the
statement of a judicial officer appended, if any, shall be treated as
certificates of authentication required by other provisions of this
chapter.
3. No certificate of conformity may be required for an acknowledgment
or proof taken without this state if the acknowledgment or proof is
taken by and accompanied by the signature and title of a notarial
officer listed in paragraph (a), (c) or (d) of subdivision one of
section two hundred ninety-nine of this article.
4. An instrument acknowledged or proved taken by and accompanied by
the signature and title of a notarial officer listed in paragraph (a),
(c) or (d) of subdivision one of section two hundred ninety-nine of this
article and taken in the manner prescribed by the laws of such notarial
officer's jurisdiction shall be equivalent to one taken or made in the
form prescribed by law for use in this state. Such instrument, if
otherwise entitled to record, filing, or registering, may be recorded,
filed, or registered in any recording or filing office in this state,
and shall be so recorded, filed or registered upon payment or tender of
lawful fees therefor.