N.Y. Real Property Law Section 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 § 301 (Acknowledgments and proofs in foreign countries)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.

Source: Section 301-A — Acknowledgment to conform to law of New York or of foreign country; certificate of conformity, https://www.­nysenate.­gov/legislation/laws/RPP/301-A (updated Sep. 22, 2014; accessed Mar. 23, 2024).

290
Definitions
291
Recording of conveyances
291–A
Recording conveyances of land in towns in Chautauqua county
291–B
Recording conveyances of land in towns in Cattaraugus county
291–C
Recording memoranda of leases
291–CC
Recording modifications of leases
291–D
Recording of master forms of mortgage covenants and clauses
291–E
Exceptions, reservations and recitals referring to unrecorded conveyances and contracts for sale of real property
291–F
Rights where recorded mortgage restricts landlord’s action in respect to leases
291–G
Recording insurance information
291–H
Recording of liens by the state
291–I
Validity of electronic recording
291–J
Recording of declarations by the New York state energy research and development authority
292
By whom conveyance must be acknowledged or proved
292–A
Conveyances by certain corporations executed and acknowledged by attorneys in fact entitled to recordation
293
Recording of conveyances heretofore acknowledged or proved
294
Recording executory contracts and powers of attorney
294–A
Recording assignments of rent
294–B
Recording brokers affidavit of entitlement to commission for completed brokerage services
295
Recording of letters patent
296
Recording copies of instruments which are in secretary of state’s office
297
Certified copies may be recorded
297–A
Recording of certified copies of bankruptcy papers
297–B
Recording of certified copies of judgments affecting real property
298
Acknowledgments and proofs within the state
299
Acknowledgments and proofs without the state, but within the United States or any territory, possession, or dependency thereof
299–A
Acknowledgment to conform to law of New York or of place where taken
300
Acknowledgments and proofs by persons in or with the armed forces of the United States
301
Acknowledgments and proofs in foreign countries
301–A
Acknowledgment to conform to law of New York or of foreign country
302
Acknowledgments and proofs by married women
303
Requisites of acknowledgments
304
Proof by subscribing witness
305
Compelling witnesses to testify
306
Certificate of acknowledgment or proof
307
When certificate to state time and place
308
When certificate must be under seal
309
Acknowledgment by corporation and form of certificate
309–A
Uniform forms of certificates of acknowledgment or proof within this state
309–B
Uniform forms of certificates of acknowledgement or proof without this state
310
Authentication of acknowledgments and proofs made within the state
311
Authentication of acknowledgments and proofs made without the state
312
Contents of certificate of authentication
313
Notary public
313–A
Deputies
314
Recording of conveyances acknowledged or proved without the state, when parties and certifying officer are dead
314–A
Proof when witnesses are dead
315
Recording books
316
Indexes
316–A
Indexing and reindexing conveyances, mortgages and other instruments
316–B
Inactive hazardous waste disposal site registry index
317
Order of recording
318
Certificate to be recorded
319
Time of recording
320
Certain deeds deemed mortgages
321
Recording discharge of mortgage
321–A
Recording discharge of rent assignment
324
Effect of recording assignment of mortgage
325
Recording of conveyances made by treasurer of Connecticut
326
Revocation to be recorded
327
Penalty for using long forms of covenants
328
Certain acts not affected
329
Actions to have certain instruments canceled of record
329–A
Lapse of oil and gas interest within Allegany state park
330
Officers guilty of malfeasance liable for damages
331
Laws and decrees of foreign countries appointing agents and attorneys and recording of the same
332
The record of certain conveyances validated
332–A
Validation of the record, execution and proof or acknowledgment of certain other instruments
332–B
The record of certain other conveyances validated
333
When conveyances of real property not to be recorded
333–A
Same
333–B
Recording of maps or plot plans
333–C
Lands in agricultural districts
334
Maps to be filed
334–A
Filing of subdivision maps in Nassau county
335
Filing of maps and abandonment of subdivisions in Suffolk county
335–A
Easements of necessity
335–B
Recording of solar energy easements
336
Effect of recording demands or requirements of noncitizen property custodian

Accessed:
Mar. 23, 2024

Last modified:
Sep. 22, 2014

§ 301-A’s source at nysenate​.gov

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