Legislation
SECTION 311
Authentication of acknowledgments and proofs made without the state
Real Property (RPP) CHAPTER 50, ARTICLE 9
§ 311. Authentication of acknowledgments and proofs made without the
state. 1. When a certificate of acknowledgment or proof is made, either
within or without the United States, by a commissioner of deeds
appointed pursuant to the laws of this state to take acknowledgments or
proofs without this state, the conveyance so acknowledged or proved is
not entitled to be read in evidence or recorded in this state, except as
provided in subdivision five of section one hundred eight of the
executive law, unless such certificate is authenticated by the
certificate of the secretary of state of the state of New York.
2. When a certificate of acknowledgment or proof is made by a notary
public in a foreign country other than Canada, the conveyance so
acknowledged or proved is not entitled to be read in evidence or
recorded in this state unless such certificate is authenticated (a) by
the certificate of the clerk or other certifying officer of a court in
the district in which such acknowledgment or proof was made, under the
seal of such court, or (b) by the certificate of the clerk, register,
recorder, or other recording officer of the district in which such
acknowledgment or proof was made, or (c) by the certificate of the
officer having charge of the official records of the appointment of such
notary, or having a record of the signature of such notary, or (d) by
the certificate of a consular officer of the United States resident in
such country.
3. When a certificate of acknowledgment or proof, made by the mayor or
other chief civil officer of a city or other political subdivision, is
not under the seal of such city or other political subdivision, the
conveyance so acknowledged or proved is not entitled to be read in
evidence or recorded in this state unless such certificate is
authenticated by the certificate of the clerk of such city or other
political subdivision, or by the certificate of a consular officer of
the United States resident in the country where the acknowledgment or
proof was made.
4. When a certificate of acknowledgment or proof is made pursuant to
the provisions of paragraph (e) of subdivision one of section two
hundred ninety-nine or of subdivision seven of section three hundred one
of this article by an officer or person not elsewhere in either of said
sections specifically designated to take acknowledgments or proofs, the
conveyance so acknowledged or proved is not entitled to be read in
evidence or recorded within this state unless such certificate is
authenticated (a) by the certificate of the secretary of state of a
state, or of the secretary of a territory, of the United States, or (b)
by the certificate of any officer designated in subdivision three of
this section to authenticate certificates of acknowledgment or proof, or
(c) by the certificate of any officer designated in paragraph (a) or (b)
of subdivision two of this section to authenticate certificates of
acknowledgment or proof, or (d) by the certificate of the officer having
charge of the official records showing that the person taking the
acknowledgment or proof is such officer as he purports to be, or having
a record of the signature of such person.
5. Except as provided in this section, no certificate of
authentication or certificate of conformity shall be required to entitle
a conveyance to be read in evidence or recorded in this state when
acknowledged or proved before any officer designated in section two
hundred ninety-nine or in section three hundred one of this article to
take such acknowledgment or proof.
state. 1. When a certificate of acknowledgment or proof is made, either
within or without the United States, by a commissioner of deeds
appointed pursuant to the laws of this state to take acknowledgments or
proofs without this state, the conveyance so acknowledged or proved is
not entitled to be read in evidence or recorded in this state, except as
provided in subdivision five of section one hundred eight of the
executive law, unless such certificate is authenticated by the
certificate of the secretary of state of the state of New York.
2. When a certificate of acknowledgment or proof is made by a notary
public in a foreign country other than Canada, the conveyance so
acknowledged or proved is not entitled to be read in evidence or
recorded in this state unless such certificate is authenticated (a) by
the certificate of the clerk or other certifying officer of a court in
the district in which such acknowledgment or proof was made, under the
seal of such court, or (b) by the certificate of the clerk, register,
recorder, or other recording officer of the district in which such
acknowledgment or proof was made, or (c) by the certificate of the
officer having charge of the official records of the appointment of such
notary, or having a record of the signature of such notary, or (d) by
the certificate of a consular officer of the United States resident in
such country.
3. When a certificate of acknowledgment or proof, made by the mayor or
other chief civil officer of a city or other political subdivision, is
not under the seal of such city or other political subdivision, the
conveyance so acknowledged or proved is not entitled to be read in
evidence or recorded in this state unless such certificate is
authenticated by the certificate of the clerk of such city or other
political subdivision, or by the certificate of a consular officer of
the United States resident in the country where the acknowledgment or
proof was made.
4. When a certificate of acknowledgment or proof is made pursuant to
the provisions of paragraph (e) of subdivision one of section two
hundred ninety-nine or of subdivision seven of section three hundred one
of this article by an officer or person not elsewhere in either of said
sections specifically designated to take acknowledgments or proofs, the
conveyance so acknowledged or proved is not entitled to be read in
evidence or recorded within this state unless such certificate is
authenticated (a) by the certificate of the secretary of state of a
state, or of the secretary of a territory, of the United States, or (b)
by the certificate of any officer designated in subdivision three of
this section to authenticate certificates of acknowledgment or proof, or
(c) by the certificate of any officer designated in paragraph (a) or (b)
of subdivision two of this section to authenticate certificates of
acknowledgment or proof, or (d) by the certificate of the officer having
charge of the official records showing that the person taking the
acknowledgment or proof is such officer as he purports to be, or having
a record of the signature of such person.
5. Except as provided in this section, no certificate of
authentication or certificate of conformity shall be required to entitle
a conveyance to be read in evidence or recorded in this state when
acknowledged or proved before any officer designated in section two
hundred ninety-nine or in section three hundred one of this article to
take such acknowledgment or proof.