State Codes and Statutes

Statutes > New-york > Rpp > Article-9 > 301-a

§  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.

State Codes and Statutes

Statutes > New-york > Rpp > Article-9 > 301-a

§  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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Rpp > Article-9 > 301-a

§  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.