2015 Hawaii Revised Statutes
TITLE 28. PROPERTY
502. Bureau of Conveyances; Recording
502-42 Certificate, contents.

HI Rev Stat § 502-42 (2015) What's This?

Note

Sections 502-41 to 502-54 designated as Part V and part heading amended by L 2009, c 102, §2(6).

§502-42 Certificate, contents. The certificate of acknowledgment shall state in substance that the person who executed the instrument appeared before the officer granting the certificate and acknowledged or stated that the person executed the same, and that such person was personally known to the officer granting such certificate to be the person whose name is subscribed to the instrument as a party thereto, or was proved to be such by the oath or affirmation of a credible witness known to the officer whose name shall be inserted in the certificate. It shall not be ground for the rejection of any such certificate, or for refusing to accept such instrument for record or in evidence, that the certificate fails to state that the person making the acknowledgment stated or acknowledged that the instrument was executed freely or voluntarily by the person or as the person's free act and deed. [L 1872, c 28, §2; RL 1925, §3147; RL 1935, §5134; am L 1943, c 197, §2; RL 1945, §12734; RL 1955, §343-26; HRS §502-42; gen ch 1985]

Case Notes

Policy of law is to uphold certificates of acknowledgment when substance is found. 15 H. 570, 573; 16 H. 294, 299; 18 H. 179, 184.

Deed valid as between parties, even if not properly acknowledged. 49 H. 62, 63, 412 P.2d 326. See 2 H. 161, 163; 17 H. 56, 58.

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