2023 New York Laws › RPP - Real Property › Article 9 - Recording Instruments Affecting Real Property › 301-A - Acknowledgment to Conform to Law of New York or of Foreign Country; Certificate of Conformity.

§  301-a.  Acknowledgment  to conform to law of New York or of foreign
country; certificate of conformity. 1. An acknowledgment or  proof  made
pursuant  to the provisions of section three hundred one of this chapter
may be taken in the manner prescribed either by the laws of the state of
New York or by the laws of the country where the acknowledgment or proof
is taken. The acknowledgment or proof, if taken in the manner prescribed
by  the  laws  of  such  foreign  country,  must  be  accompanied  by  a
certificate  to  the  effect  that  it  conforms  with  such  laws. Such
certificate may be made by
(a) An attorney-at-law admitted to practice in the state of New  York,
resident in such foreign country, or by
(b)  A consular officer of the United States, resident in such foreign
country, under the seal of his office, or by
(c) A consular officer of such foreign country, resident in the  state
of New York, under the seal of his office, or by
(d) Any other person deemed qualified by any court of the state of New
York, if, in any action, proceeding, or other matter pending before such
court,  it  be  necessary to determine that such acknowledgment or proof
conforms with the laws of such foreign country; or by the supreme  court
of the state of New York, on application for such determination.
The  justice,  judge,  surrogate,  or other presiding judicial officer
shall append to the instrument so  acknowledged  or  proved  his  signed
statement that he deemed such person qualified to make such certificate.
2.  (a)  The  signature  to  such a certificate of conformity shall be
presumptively genuine, and the qualification of the person whose name is
so signed as a person authorized  to  make  such  certificate  shall  be
presumptively established by the recital thereof in the certificate.
(b)  The  statement  of  a judicial officer appended to the instrument
that he deemed  the  person  making  such  certificate  qualified  shall
establish  the  qualification  of  the person designated therein to make
such certificate; and the  recording,  filing,  registering  or  use  as
evidence of the instrument shall not depend on the power of the court to
make  the  statement  and  proof  shall  not  be required of any action,
proceeding, matter or application in which or in connection  with  which
the statement is made.
(c) When an instrument so acknowledged or proved is accompanied by the
certificate  of  conformity  and the statement of a judicial officer, if
any be required, the acknowledgment or proof of the instrument, for  the
purpose  of  recording, filing or registering in any recording or filing
office in this state or for use as evidence, shall be equivalent to  one
taken  or  made in the form prescribed by law for use in this state; and
if  the  acknowledgment  or  proof  is  properly  authenticated,   where
authentication  is  required  by law, and if the instrument be otherwise
entitled to record, filing or  registering,  such  instrument,  together
with  the acknowledgment or proof, the certificate of conformity and any
certificate of authentication or statement of a judicial officer, may be
recorded, filed or registered in any recording or filing office in  this
state,  and  shall  be  so recorded, filed or registered upon payment or
tender of lawful fees therefor. In  fixing  the  fees  of  a  recording,
filing  or  registering  officer,  the certificate of conformity and the
statement of a judicial officer appended, if any, shall  be  treated  as
certificates  of  authentication  required  by  other provisions of this
chapter.