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New York · Through 2026-09-11

N.Y. Real Property Law § 312: Contents of certificate of authentication

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Where this section sits in the code
  1. Real Property Law
  2. Article 9. Recording Instruments Affecting Real Property

§ 312. Contents of certificate of authentication. 1. An officer

authenticating a certificate of acknowledgment or proof must subjoin or

attach to the original certificate a certificate under his hand.

2. When the certificate of acknowledgment or proof is made by a notary

public, without the state but within the United States or within any

territory, possession, or dependency of the United States, or within any

place over which the United States, at the time when such acknowledgment

or proof is taken, has or exercises jurisdiction, sovereignty, control,

or a protectorate, the certificate of authentication must state in

substance that, at the time when such original certificate purports to

have been made, the person whose name is subscribed to the certificate

was such officer as he is therein represented to be.

In every other case the certificate of authentication must state in

substance (a) that, at the time when such original certificate purports

to have been made, the person whose name is subscribed to the original

certificate was such officer as he is therein represented to be; (b)

that the authenticating officer is acquainted with the handwriting of

the officer making the original certificate, or has compared the

signature of such officer upon the original certificate with a specimen

of his signature filed or deposited in the office of such authenticating

officer, or recorded, filed, or deposited, pursuant to law, in any other

place, and believes the signature upon the original certificate is

genuine; and (c), if the original certificate is required to be under

seal, that the authenticating officer has compared the impression of the

seal affixed thereto with a specimen impression thereof filed or

deposited in his office, or recorded, filed, or deposited, pursuant to

law, in any other place, and believes the impression of the seal upon

the original certificate is genuine.

3. When such original certificate is made pursuant to paragraph (e) of

subdivision one of section two hundred ninety-nine of this article, such

certificate of authentication must also specify that the person making

such original certificate, at the time when it purports to have been

made, was authorized, by the laws of the state, District of Columbia,

territory, possession, dependency, or other place where the

acknowledgment or proof was made, to take the acknowledgment or proof of

deeds to be recorded therein.

4. When such original certificate is made pursuant to subdivision

seven of section three hundred one of this chapter, such certificate of

authentication must also specify that the person making such original

certificate, at the time when it purports to have been made, was

authorized, by the laws of the country where the acknowledgment or proof

was made, to take acknowledgments of conveyances of real estate or to

administer oaths in proof of the execution thereof.

Collected 2026-09-14T19:32:45Z. Source file · JSON

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