N.Y. Real Property Law § 301-a: Acknowledgment to conform to law of New York or of foreign country; certificate of conformity

§ 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.