PART V.  ACKNOWLEDGMENTS;
PROOF OF INSTRUMENTS



 



Note



 



  Sections 502-41 to 502-54 designated as part V and part
heading amended by L 2009, c 102, §2(6).



 



§502-41  Certificate of acknowledgment;
natural persons, corporations.  Except as otherwise provided by law, to
entitle any conveyance or other instrument to be recorded, there shall be
endorsed, subjoined, or attached thereto an acknowledgment in the form provided
or authorized in section 502-42, 502-43, or 502-45, or in substantially the
following form:



(Begin in all cases by a caption specifying the
state or territory and the place where the acknowledgment is taken.)



1.  In the case of natural persons acting in
their own right:



On ............(insert date), before me
personally appeared A.B. (or A.B. and C.D.), to me known to be the person or
persons described in and who executed the foregoing instrument, and
acknowledged that the person or persons executed the same as the person's or
persons' free act and deed.



2.  In the case of natural persons acting by
attorney:



On ............(insert date), before me
personally appeared A.B., to me known to be the person who executed the
foregoing instrument in behalf of C.D. and acknowledged that the person
executed the same as the free act and deed of said C.D.



3.  In the case of corporations or
partnerships:



On ............(insert date), before me
appeared A.B., to me personally known, who, being by me duly sworn (or
affirmed), did say that the person is the president (or other officer, partner,
or agent of the corporation, or partnership) of (describing the corporation or
partnership), and that the instrument was signed in behalf of the corporation
(or partnership) by authority of its board of directors (partners or trustees),
and A.B. acknowledged the instrument to be the free act and deed of the
corporation (or partnership).



4.  In the case of a corporation acknowledging
by an individual as its attorney, where the enabling power of attorney has
previously been recorded, the acknowledgment of the instrument executed under
the power of attorney shall be substantially in the following form:



On ............(insert date), before me
personally appeared A.B., to me personally known, who being by me duly sworn
(or affirmed), did say that the person is the attorney-in-fact of C.D. (here
name the corporation) duly appointed under power of attorney dated
............, recorded in book...., at page..../as document no. ....; and that
the foregoing instrument was executed in the name and behalf of said C.D. by
A.B. as its attorney-in-fact; and A.B. acknowledged the instrument to be the
free act and deed of C.D.



In case the enabling power of attorney has not
previously been recorded, omit the reference to its place of record and insert
in lieu thereof the words "which power of attorney is now in full force
and effect".



5.  In the case of a corporation acknowledging
by another corporation as its attorney, where the enabling power of attorney
has previously been recorded, the acknowledgment of the instrument executed
under the power of attorney shall be substantially in the following form:



On ............(insert date), before me
personally appeared A.B., to me personally known, who, being by me duly sworn
(or affirmed), did say that the person is the president (or other officer or
agent of the corporation acting as attorney) of C.D. (here name the corporation
acting as attorney) and that C.D. is the attorney-in-fact of E.F. (here name
the corporation in whose behalf the attorney is acting) duly appointed under
power of attorney dated ............, recorded in book...., at page..../as
document no. ....; that the foregoing instrument was executed in the name and
behalf of E.F. by C.D. as its attorney-in-fact; that the instrument was so
executed by C.D. by authority of its board of directors; and A.B. acknowledged
the instrument to be the free act and deed of E.F.



In case the enabling power of attorney has not
previously been recorded, omit the reference to its place of record and insert
in lieu thereof the words "which power of attorney is now in full force
and effect".



6.  The following form may be used in lieu of
any of the foregoing forms:



On ............(insert date), before me
personally appeared A.B. (or A.B. and C.D.), to me personally known, who, being
by me duly sworn (or affirmed), did say that such person executed the foregoing
instrument as the free act and deed of such person, and if applicable in the
capacity shown, having been duly authorized to execute such instrument in such
capacity.



In all cases add signature and title of the
officer taking the acknowledgment. [L 1909, c 69, §1; am L 1919, c 30, §1; am L
1923, c 85, §§1, 2; RL 1925, §3146; RL 1935, §5133; am L 1943, c 197, §1; RL
1945, §12733; am L 1945, c 84, §1; RL 1955, §343-25; HRS §502-41; am L 1992, c
197, §10; am L 2006, c 38, §18; am L 2009, c 102, §2(16)]



 



Case Notes



 



  As between parties acknowledgment and registry of conveyance
not necessary.  2 H. 161, 163; 17 H. 56, 58; 49 H. 62, 73, 412 P.2d 326.



  Title to land is conveyed by delivery of deed without
registry thereof or entry by grantee.  4 H. 674.



  Where instrument not entitled to be recorded, recording
treated as nullity.  6 H. 538, 541 (single justice); 15 H. 570, 576.



  Except as otherwise provided, both acknowledgment and
certificate thereof requisite to recording.  15 H. 570, 572.



  Presumption of regularity raised by acknowledgment.  25 H.
470, 473; 49 H. 62, 73, 412 P.2d 326.



  Acknowledgment containing clerical error in name of party
acknowledging held valid.  50 H. 304, 440 P.2d 262.