N.Y. RPP Law § 299-A — New York Code / Act RPP / Article 9 / Section 299-A
Acknowledgment to conform to law of New York or of place where taken; certificate of conformity
Status: in_force

§ 299-a. Acknowledgment to conform to law of New York or of place\nwhere taken; certificate of conformity. 1. An acknowledgment or proof\nmade pursuant to the provisions of section two hundred ninety-nine of\nthis article may be taken in the manner prescribed either by the laws of\nthe state of New York or by the laws of the state, District of Columbia,\nterritory, possession, dependency, or other place where the\nacknowledgment or proof is taken. Except as provided in subdivision\nthree of this section acknowledgment or proof, if taken in the manner\nprescribed by such state, District of Columbia, territory, possession,\ndependency, or other place, must be accompanied by a certificate to the\neffect that it conforms with such laws. Such certificate may be made by:\n  (a) An attorney-at-law admitted to practice in the state of New York,\nresident in the place where the acknowledgment or proof is taken, or by\n  (b) An attorney-at-law admitted to practice in the state, District of\nColumbia, territory, possession, dependency, or other place where the\nacknowledgment or proof is taken, or by\n  (c) Any other person deemed qualified by any court of the state of New\nYork, if, in any action, proceeding, or other matter pending before such\ncourt, it be necessary to determine that such acknowledgment or proof\nconforms with the laws of such state, District of Columbia, territory,\npossession, dependency, or other place; or by the supreme court of the\nstate of New York, on application for such determination. The justice,\njudge, surrogate, or other presiding judicial officer shall append to\nthe instrument so acknowledged or proved his signed statement that he\ndeemed such person qualified to make such certificate.\n  2. (a) The signature to such a certificate of conformity shall be\npresumptively genuine, and the qualification of the person whose name is\nso signed as a person authorized to make such certificate shall be\npresumptively established by the recital thereof in the certificate.\n  (b) The statement of a judicial officer appended to the instrument\nthat he deemed the person making such certificate qualified shall\nestablish the qualification of the person designated therein to make\nsuch certificate; and the recording, filing, registering or use as\nevidence of the instrument shall not depend on the power of the court to\nmake the statement and proof shall not be required of any action,\nproceeding, matter or application in which or in connection with which\nthe statement is made.\n  (c) Except as provided in subdivision four of this section, an\ninstrument so acknowledged or proved is accompanied by the certificate\nof conformity and the statement of a judicial officer, if any be\nrequired, the acknowledgment or proof of the instrument, for the purpose\nof recording, filing or registering in any recording or filing office in\nthis state or for use as evidence, shall be equivalent to one taken or\nmade in the form prescribed by law for use in this state; and if the\nacknowledgment or proof is properly authenticated, where authentication\nis required by law, and if the instrument be otherwise entitled to\nrecord, filing or registering, such instrument, together with the\nacknowledgment or proof, the certificate of conformity and any\ncertificate of authentication or statement of a judicial officer, may be\nrecorded, filed or registered in any recording or filing office in this\nstate, and shall be so recorded, filed or registered upon payment or\ntender of lawful fees therefor. In fixing the fees of a recording,\nfiling or registering officer, the certificate of conformity and the\nstatement of a judicial officer appended, if any, shall be treated as\ncertificates of authentication required by other provisions of this\nchapter.\n  3. No certificate of conformity may be required for an acknowledgment\nor proof taken without this state if the acknowledgment or proof is\ntaken by and accompanied by the signature and title of a notarial\nofficer listed in paragraph (a), (c) or (d) of subdivision one of\nsection two hundred ninety-nine of this article.\n  4. An instrument acknowledged or proved taken by and accompanied by\nthe signature and title of a notarial officer listed in paragraph (a),\n(c) or (d) of subdivision one of section two hundred ninety-nine of this\narticle and taken in the manner prescribed by the laws of such notarial\nofficer's jurisdiction shall be equivalent to one taken or made in the\nform prescribed by law for use in this state. Such instrument, if\notherwise entitled to record, filing, or registering, may be recorded,\nfiled, or registered in any recording or filing office in this state,\nand shall be so recorded, filed or registered upon payment or tender of\nlawful fees therefor.\n