dliu1/legal-llama-raw-text huggingface dataset:
acknowledgment of a conveyance or other  instrument  by  a  corporation,
must  be  made  by  an officer or attorney in fact duly appointed, or in
case of a dissolved corporation, by an officer, director or attorney  in
fact  duly appointed thereof authorized to execute the same by the board
of directors of said corporation.
2. The certificate of acknowledgment must conform  substantially  with
one  of  the  following  alternative  forms,  the  blanks being properly
filled:
State of New York }ss.:
County of.........}
On the....... day of....... in the year.......  before  me  personally
came....... to me known, who, being by me duly sworn, did depose and say
that  heshethey reside(s) in....... (if the place of residence is in a
city, include the street and  street  number,  if  any,  thereof);  that
heshethey  is  (are)  the  (president  or other officer or director or
attorney in fact duly appointed)  of  the  (name  of  corporation),  the
corporation  described  in and which executed the above instrument; that
heshethey know(s) the seal of said corporation; that the seal  affixed
to  said  instrument  is  such corporate seal; that it was so affixed by
authority of the board  of  directors  of  said  corporation,  and  that
heshethey signed hishertheir name(s) thereto by like authority.
(Signature and office of person taking acknowledgment.)
On  the.......  day  of....... in the year....... before me personally
that heshethey reside(s) in....... (if the place of residence is in  a
city,  include  the  street  and  street  number, if any, thereof); that
heshethey is (are) the (president or  other  officer  or  director  or
attorney  in  fact  duly  appointed)  of  the (name of corporation), the
corporation described in and which executed the  above  instrument;  and
that  heshethey  signed  hishertheir name(s) thereto by authority of
the board of directors of said corporation.
3. Subdivision two of  this  section  shall  be  inapplicable  to  the
acknowledgment,  within  this state, of a conveyance or other instrument
in respect to real property situate in this state executed on  or  after
the  first day of September, nineteen hundred ninety-nine. A certificate
of such an acknowledgment shall be subject to the provisions of  section
three hundred nine-a of this article.
§  309-a.    Uniform  forms of certificates of acknowledgment or proof
within this state.  1. The certificate of an acknowledgment, within this
state, of a conveyance or other instrument in respect to  real  property
situate  in this state, by a person, must conform substantially with the
following form, the blanks being properly filled:
County of ........}
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  heshethey  executed  the  same  in
hishertheir capacity(ies), and that by hishertheir  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,
within  this  state,  of  a  conveyance  or other instrument made by any
person in respect to real property situate in this state,  must  conform
substantially with the following form, the blanks being properly filled:
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  heshethey  reside(s)  in
......(if  the  place  of residence is in a city, include the street and
street number, if any, thereof); that  heshethey  know(s)...........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 hishertheir name(s) as a witness thereto.
(Signature and office of individual taking proof.)
3. A certificate of an acknowledgement or proof  taken  under  section
three  hundred  of this article shall include the additional information
required by that section.
4. For the purposes of this  section,  the  term  person  means  any
corporation, joint stock company, estate, general partnership (including
any   registered   limited  liability  partnership  or  foreign  limited
liability  partnership),  limited   liability   company   (including   a
professional   service   limited  liability  company),  foreign  limited
liability company (including  a  foreign  professional  service  limited
liability  company), joint venture, limited partnership, natural person,
attorney in fact, real estate investment trust, business trust or  other
trust,  custodian,  nominee or any other individual or entity in its own
or any representative capacity.
§  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
and  acknowledged  to  me  that  heshethey  executed   the   same   in
hishertheir  capacity(ies),  and that by hishertheir signature(s) on
the instrument, the individual(s), or the person upon  behalf  of  which
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
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 heshe
resides in _____________________ (if the place  of  residence  is  in  a
heshe 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 hisher name as a witness thereto.
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
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
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.
§  310.  Authentication  of acknowledgments and proofs made within the
state. 1. When a certificate of acknowledgment or proof is made,  within
this  state,  by  a  commissioner of deeds, a justice of the peace, town
council member, village police justice, or  a  judge  of  any  court  of
inferior  local  jurisdiction,  such  certificate  does  not entitle the
conveyance so acknowledged or proved to be read in evidence or  recorded
in  any county of this state except a county in which the officer making
such certificate is authorized to act at the time of  making  the  same,
unless  such  certificate is authenticated by a certificate of the clerk
of  such  county;  provided,   however,   that   all   certificates   of
acknowledgment  or proof, made by a commissioner of deeds of the city of
New York residing in any part therein, shall  be  authenticated  by  the
clerk  of any county within said city, in whose office such commissioner
of deeds shall have filed a certificate under the hand and seal  of  the
city  clerk  of said city, showing the appointment and term of office of
such commissioner; and no other certificates shall be required from  any
other  officer  to  entitle  such  conveyance  to be read in evidence or
recorded in any county of this state.
2.  Except  as  provided  in   this   section,   no   certificate   of
authentication  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-eight of this
article  to  take  such  acknowledgment  or  proof,   nor   shall   such
authentication  be  required  for  recording  in  the office of the city
register of the city of New York of such acknowledgment or  proof  by  a
commissioner of deeds of the city of New York.
§  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 subdivision five of section two hundred ninety-nine or
of  subdivision seven of section three hundred one of this chapter by an
officer or person not elsewhere in either of said sections  specifically
designated   to  take  acknowledgments  or  proofs,  the  conveyance  so
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 clauses (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
any  officer designated in section two hundred ninety-nine or in section
three hundred one of this chapter to take such acknowledgment or proof.
§  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 subdivision five
of section two hundred ninety-nine 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 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
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.
§  313.  Notary public. The term notary public,  as used in sections
two hundred ninety-nine, three hundred one,  three  hundred  eight,  and
three  hundred eleven, of this chapter, includes any person appointed to
perform notarial functions.
§  313-a.  Deputies. When any officer, designated by the provisions of
this article to take acknowledgments or proofs of  conveyances  of  real
estate  to  be  read  in  evidence  or  recorded  in  this  state, or to
authenticate certificates of such acknowledgment or proof, is authorized
by law to appoint a deputy, or when such officer has by  law  a  deputy,
such deputy may take such acknowledgments or proofs, or may authenticate
such certificates.
§  314.  Recording  of  conveyances acknowledged or proved without the
state, when parties and certifying officer are dead. When the  execution
of  a  conveyance  of real property within this state is acknowledged or
proved according to the laws of any other state of  the  United  States,
and  a  certificate of the acknowledgment or proof signed by the officer
taking it is annexed to or indorsed upon the instrument, if such officer
and the grantor or mortgagor be dead and the death of  all  of  them  be
proved by affidavit, sworn to in such state before an officer authorized
by  its  laws  to  administer  an oath therein, the conveyance, with the
affidavit or affidavits  annexed  thereto,  on  being  authenticated  as
required  by  this  section, may be read in evidence and recorded in the
same manner, and with like effect, as if the conveyance was acknowledged
or proved and certified as required  by  the  laws  of  this  state.  To
entitle  such  conveyance  and  affidavits  to  be  read in evidence, or
recorded, a certificate of the clerk, recorder, register or prothonotary
of the county in which the deceased officer resided, authenticating  his
signature,  and  also  certifying that the conveyance is acknowledged or
proved in all respects, as required by the laws of such state,  must  be
annexed  to  the  original  certificate;  and a like certificate of such
clerk, recorder, register or prothonotary, authenticating the  signature
of  the  officer,  before  whom  the  affidavits proving the deaths were
taken, must be annexed to  such  affidavits.  The  affidavits  on  being
recorded,  are  presumptive evidence of the matters of fact, required to
be stated therein.
§  314-a.  Proof  when  witnesses  are  dead.  When the witnesses to a
conveyance, authorized to be recorded, are dead, its  execution  may  be
proved  before  any  officer  authorized  to  take  within the state the
acknowledgment and proof of conveyances, other than  a  commissioner  of
deeds,  a  notary  public,  or a justice of the peace.  The proof of the
execution must be made by satisfactory evidence of the death of all  the
witnesses  thereto, and of the handwriting of such witnesses, or any one
of them, and of the grantor, which evidence, with the name and residence
of each witness examined, must be set forth by the  officer  taking  the
same,  in  his  certificate  of  proof.  A  conveyance  so  proved,  and
certified, may be  recorded  in  the  proper  office,  if  the  original
conveyance  be  at  the same time deposited in the same office, there to
remain for the inspection of all persons desiring to examine  the  same.
If  the  conveyance  affects  real  property  in two or more counties, a
certified copy of the conveyance, with the proof and  certificates,  may
be  recorded  in  each  of such counties. Such recording and deposit are
constructive  notice  of  the  execution  of  such  conveyance  to   all
purchasers of the same real property, or any part thereof, from the same
vendor,  his  heirs or assigns, subsequent to such recording, but do not
entitle the conveyance or the record thereof, or  a  transcript  of  the
record, to be read in evidence.
§  315.  Recording  books. Different sets of books must be provided by
the recording officer of each county, for the  recording  of  deeds  and
mortgages; in one of which sets he must record all conveyances and other
instruments absolute in their terms, which are not intended as mortgages
or  securities  in  the nature of mortgages, and all executory contracts
for the sale, purchase  or  exchange  of  real  property,  or  memoranda
thereof,  and  all  instruments  canceling  or extending such contracts,
which conveyances,  contracts  or  instruments  are  delivered  to  him,
pursuant  to  law,  to  be  so  recorded,  and  all  forms pertaining to
commitments of land to continued agricultural production required to  be
so recorded pursuant to section three hundred six of the agriculture and
markets  law;  and  in the other set, such mortgages and securities, and
assignments of rent, delivered to him; excepting that if  the  recording
is  by  microphotography  or  other  photographic process, the recording
officer shall not be required to maintain books for  such  records,  but
shall  provide  such  filing  equipment  as he may deem appropriate. The
recording officer may, in his discretion, record  in  consecutive  order
the  instruments received by him, and shall not be required to segregate
mortgages from deeds or other classes of instruments.
§ 316. Indexes. Each recording officer must provide, at the expense of
his  county,  proper  books  for  making  general indexes of instruments
recorded in his office, and must form indexes therein, so as  to  afford
correct  and  easy reference to the records in his office. There must be
one set of  indexes  for  mortgages  or  securities  in  the  nature  of
mortgages  and  assignments of rent; and another set for conveyances and
other instruments not intended as  such  mortgages  or  securities,  and
executory  contracts for sale, purchase or exchange of real property, or
memoranda  thereof,  and  instruments  canceling   or   extending   such
contracts.  Each  set  must contain two lists in alphabetical order, one
consisting of the names of the grantors  or  mortgagors  and  assignors,
followed  by  the  names of their grantees, mortgagees or assignees, and
the other list consisting of the names of the grantees or mortgagees and
assignees, followed by the  names  of  their  grantors,  mortgagors,  or
assignors,  with  proper  blanks  in each class of names, for subsequent
entries, which entries must be made as  instruments  are  delivered  for
record.  This  section,  so  far  as  relates  to the preparation of new
indexes, shall not apply to a county where the recording officer now has
general numerical indexes.
A recording officer who records  a  conveyance  of  real  property  or
assignment  of  rent,  sold  by virtue of an execution, or by a sheriff,
referee or other person, pursuant to a  judgment,  the  granting  clause
whereof  states  whose right, title or interest was sold, must insert in
the proper index, under the head, grantors or assignors, the name of
the officer executing the conveyance, and of each  person  whose  right,
title or interest is so stated to have been sold.
Such  indexes  shall  form  a  part  of  the record of each instrument
hereafter recorded.
A  county  clerk  may  adopt   a   new   indexing   system   utilizing
electro-mechanical, electronic or any other method he deems suitable for
maintaining the indexes.
§  316-a.  Indexing  and  reindexing  conveyances, mortgages and other
instruments. 1. Every instrument affecting real estate or chattels real,
situated in the county of Suffolk, which shall be, or which  shall  have
been recorded in the office of the clerk of said county on and after the
first  day of January, nineteen hundred fifty-one, shall be recorded and
indexed pursuant to the provisions of this act.
2. The clerk of the county of Suffolk is hereby directed and required,