N.Y. Real Property Law Section 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 § 307 (When certificate to state time and place)section three hundred seven of this article;

(c)

modify any requirement for a seal imposed by subdivision one of § 308 (When certificate must be under seal)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 § 300 (Acknowledgments and proofs by persons in or with the armed forces of the United States)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 § 309-A (Uniform forms of certificates of acknowledgment or proof within this state)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.

Source: Section 309-B — Uniform forms of certificates of acknowledgement or proof without this state, https://www.­nysenate.­gov/legislation/laws/RPP/309-B (updated Sep. 22, 2014; accessed Oct. 26, 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
Green check means up to date. Up to date

Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 309-B’s source at nysenate​.gov

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