2023 New York Laws › RPP - Real Property › Article 9 - Recording Instruments Affecting Real Property › 309-B - Uniform Forms of Certificates of Acknowledgment or Proof Without This State.

§  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.