N.Y. Real Property Law § 299-a: Acknowledgment to conform to law of New York or of place where taken; certificate of conformity

§ 299-a. Acknowledgment to conform to law of New York or of place

where taken; certificate of conformity. 1. An acknowledgment or proof

made pursuant to the provisions of section two hundred ninety-nine of

this article may be taken in the manner prescribed either by the laws of

the state of New York or by the laws of the state, District of Columbia,

territory, possession, dependency, or other place where the

acknowledgment or proof is taken. Except as provided in subdivision

three of this section acknowledgment or proof, if taken in the manner

prescribed by such state, District of Columbia, territory, possession,

dependency, or other place, 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 the place where the acknowledgment or proof is taken, or by

(b) An attorney-at-law admitted to practice in the state, District of

Columbia, territory, possession, dependency, or other place where the

acknowledgment or proof is taken, or by

(c) 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 state, District of Columbia, territory,

possession, dependency, or other place; 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) Except as provided in subdivision four of this section, 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.

3. No certificate of conformity may be required for an acknowledgment

or proof taken without this state if the acknowledgment or proof is

taken by and accompanied by the signature and title of a notarial

officer listed in paragraph (a), (c) or (d) of subdivision one of

section two hundred ninety-nine of this article.

4. An instrument acknowledged or proved taken by and accompanied by

the signature and title of a notarial officer listed in paragraph (a),

(c) or (d) of subdivision one of section two hundred ninety-nine of this

article and taken in the manner prescribed by the laws of such notarial

officer's jurisdiction shall be equivalent to one taken or made in the

form prescribed by law for use in this state. Such instrument, if

otherwise entitled to record, filing, or registering, 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.