2013 New York Consolidated Laws
RPP - Real Property
Article 9 - (290 - 336) RECORDING INSTRUMENTS AFFECTING REAL PROPERTY
309-B - Uniform forms of certificates of acknowledgment or proof without this state.


NY Real Prop L § 309-B (2012) What's This?
 
    §  309-b.  Uniform  forms  of certificates of acknowledgement or proof
  without this state.  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 Foreign Country
                 ) 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 certificate for a proof of execution by a subscribing witness,
  without this state, of a conveyance or  other  instrument  made  by  any
  person  in  respect  to real property situate in this state, may conform
  substantially with the following form, the blanks being properly filled:
  State, District of Columbia, Territory, Possession, or Foreign Country
                 )ss.:
 
  On the _______ day of ________ in  the  year  ________  before  me,  the
  undersigned,   personally  appeared  ________________,  the  subscribing
  witness  to  the  foregoing  instrument,  with  whom  I  am   personally
  acquainted,  who, being by me duly sworn, did depose and say that he/she
  resides in _____________________ (if the place  of  residence  is  in  a
  city,  include  the  street  and  street  number, if any, thereof); that
  he/she knows _____________ to be the individual  described  in  and  who
  executed  the  foregoing  instrument;  that said subscribing witness was
  present and saw said _____________  execute  the  same;  and  that  said
  witness at the same time subscribed his/her name as a witness thereto.
 
  (Signature and office of individual taking proof.)
    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 acknowledgment 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 an 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 subdivision four of section three hundred nine-a  of  this
  article.
    6.  The  inclusion  within  the  body  (other  than  the  jurat)  of a
  certificate of acknowledgment or proof made under this  section  of  the
  city  or  other  political subdivision and the state or country or other
  place the acknowledgment was taken shall  be  deemed  a  non-substantial
  variance from the form of a certificate authorized by this section.

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