Legislation
SECTION 312
Contents of certificate of authentication
Real Property (RPP) CHAPTER 50, ARTICLE 9
§ 312. Contents of certificate of authentication. 1. An officer
authenticating a certificate of acknowledgment or proof must subjoin or
attach to the original certificate a certificate under his hand.
2. When the certificate of acknowledgment or proof is made by a notary
public, without the state but within the United States or within any
territory, possession, or dependency of the United States, or within any
place over which the United States, at the time when such acknowledgment
or proof is taken, has or exercises jurisdiction, sovereignty, control,
or a protectorate, the certificate of authentication must state in
substance that, at the time when such original certificate purports to
have been made, the person whose name is subscribed to the certificate
was such officer as he is therein represented to be.
In every other case the certificate of authentication must state in
substance (a) that, at the time when such original certificate purports
to have been made, the person whose name is subscribed to the original
certificate was such officer as he is therein represented to be; (b)
that the authenticating officer is acquainted with the handwriting of
the officer making the original certificate, or has compared the
signature of such officer upon the original certificate with a specimen
of his signature filed or deposited in the office of such authenticating
officer, or recorded, filed, or deposited, pursuant to law, in any other
place, and believes the signature upon the original certificate is
genuine; and (c), if the original certificate is required to be under
seal, that the authenticating officer has compared the impression of the
seal affixed thereto with a specimen impression thereof filed or
deposited in his office, or recorded, filed, or deposited, pursuant to
law, in any other place, and believes the impression of the seal upon
the original certificate is genuine.
3. When such original certificate is made pursuant to paragraph (e) of
subdivision one of section two hundred ninety-nine of this article, such
certificate of authentication must also specify that the person making
such original certificate, at the time when it purports to have been
made, was authorized, by the laws of the state, District of Columbia,
territory, possession, dependency, or other place where the
acknowledgment or proof was made, to take the acknowledgment or proof of
deeds to be recorded therein.
4. When such original certificate is made pursuant to subdivision
seven of section three hundred one of this chapter, such certificate of
authentication must also specify that the person making such original
certificate, at the time when it purports to have been made, was
authorized, by the laws of the country where the acknowledgment or proof
was made, to take acknowledgments of conveyances of real estate or to
administer oaths in proof of the execution thereof.
authenticating a certificate of acknowledgment or proof must subjoin or
attach to the original certificate a certificate under his hand.
2. When the certificate of acknowledgment or proof is made by a notary
public, without the state but within the United States or within any
territory, possession, or dependency of the United States, or within any
place over which the United States, at the time when such acknowledgment
or proof is taken, has or exercises jurisdiction, sovereignty, control,
or a protectorate, the certificate of authentication must state in
substance that, at the time when such original certificate purports to
have been made, the person whose name is subscribed to the certificate
was such officer as he is therein represented to be.
In every other case the certificate of authentication must state in
substance (a) that, at the time when such original certificate purports
to have been made, the person whose name is subscribed to the original
certificate was such officer as he is therein represented to be; (b)
that the authenticating officer is acquainted with the handwriting of
the officer making the original certificate, or has compared the
signature of such officer upon the original certificate with a specimen
of his signature filed or deposited in the office of such authenticating
officer, or recorded, filed, or deposited, pursuant to law, in any other
place, and believes the signature upon the original certificate is
genuine; and (c), if the original certificate is required to be under
seal, that the authenticating officer has compared the impression of the
seal affixed thereto with a specimen impression thereof filed or
deposited in his office, or recorded, filed, or deposited, pursuant to
law, in any other place, and believes the impression of the seal upon
the original certificate is genuine.
3. When such original certificate is made pursuant to paragraph (e) of
subdivision one of section two hundred ninety-nine of this article, such
certificate of authentication must also specify that the person making
such original certificate, at the time when it purports to have been
made, was authorized, by the laws of the state, District of Columbia,
territory, possession, dependency, or other place where the
acknowledgment or proof was made, to take the acknowledgment or proof of
deeds to be recorded therein.
4. When such original certificate is made pursuant to subdivision
seven of section three hundred one of this chapter, such certificate of
authentication must also specify that the person making such original
certificate, at the time when it purports to have been made, was
authorized, by the laws of the country where the acknowledgment or proof
was made, to take acknowledgments of conveyances of real estate or to
administer oaths in proof of the execution thereof.