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S02271 Summary:

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S02271 Committee Votes:

S02271 Floor Votes:

S02271 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2271
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                    January 19, 2023
                                       ___________
 
        Introduced  by  Sen.  LIU  --  read  twice and ordered printed, and when
          printed to be committed to the Committee on Judiciary
 
        AN ACT to amend the real property law and the  civil  practice  law  and
          rules,  in  relation  to  clarifying requirements for acknowledgments,
          proofs, oaths and affirmations without the state

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 299 of the real property law, as amended by chapter
     2  279 of the laws of 1939, is amended to read as follows:
     3    §  299.  Acknowledgments  and proofs without the state, but within the
     4  United States or any territory, possession, or dependency thereof.    1.
     5  The  acknowledgment or proof of a conveyance of real property situate in
     6  this state, if made [(a)]  without  the  state  but  within  the  United
     7  States,  [(b)]  within  any  territory, possession, or dependency of the
     8  United States, or [(c)] within any place over which the  United  States,
     9  at the time when such acknowledgment or proof is taken, has or exercises
    10  jurisdiction,  sovereignty,  control,  or  a  protectorate,  may be made
    11  before any of the  following  officers  acting  within  his  territorial
    12  jurisdiction or within that of the court of which he is an officer:
    13    [1.]  (a)  A  judge  or  other presiding officer of any court having a
    14  seal, or the clerk or other certifying officer thereof.
    15    [2.] (b) A mayor or other chief civil officer of  any  city  or  other
    16  political subdivision.
    17    [3.] (c) A notary public.
    18    [4.]  (d)  A  commissioner  of deeds appointed pursuant to the laws of
    19  this state to take acknowledgments or proofs without this state.
    20    [5.] (e) Any person authorized, by the laws of the state, District  of
    21  Columbia,  territory,  possession,  dependency, or other place where the
    22  acknowledgment or proof is made, to take the acknowledgment or proof  of
    23  deeds to be recorded therein.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03851-01-3
        S. 2271                             2
 
     1    2.  The signature and title of an officer listed in subdivision one of
     2  this section who performs a notarial act  in  another  state  are  prima
     3  facie  evidence  that  the  signature is genuine and that the individual
     4  holds the designated title.
     5    3.  The  signature  and title of a notarial officer described in para-
     6  graph (a), (c) or (d) of subdivision one of  this  section  conclusively
     7  establish  the authority of the officer to perform the acknowledgment or
     8  proof of a conveyance.
     9    § 2. The opening paragraph of  subdivision  1  and  paragraph  (c)  of
    10  subdivision  2  of section 299-a of the real property law, as amended by
    11  chapter 10 of the laws of 1940, are amended and two new  subdivisions  3
    12  and 4 are added to read as follows:
    13    An  acknowledgment or proof made pursuant to the provisions of section
    14  two hundred ninety-nine of this [chapter] article may be  taken  in  the
    15  manner  prescribed either by the laws of the state of New York or by the
    16  laws of the state, District of Columbia, territory, possession,  depend-
    17  ency,  or  other place where the acknowledgment or proof is taken. [The]
    18  Except as provided in subdivision three of this  section  acknowledgment
    19  or  proof,  if taken in the manner prescribed by such state, District of
    20  Columbia, territory, possession, dependency, or  other  place,  must  be
    21  accompanied  by  a  certificate to the effect that it conforms with such
    22  laws. Such certificate may be made by:
    23    (c) [When] Except as provided in subdivision four of this section,  an
    24  instrument  so  acknowledged or proved is accompanied by the certificate
    25  of conformity and the  statement  of  a  judicial  officer,  if  any  be
    26  required, the acknowledgment or proof of the instrument, for the purpose
    27  of recording, filing or registering in any recording or filing office in
    28  this  state  or for use as evidence, shall be equivalent to one taken or
    29  made in the form prescribed by law for use in this  state;  and  if  the
    30  acknowledgment  or proof is properly authenticated, where authentication
    31  is required by law, and if  the  instrument  be  otherwise  entitled  to
    32  record,  filing  or  registering,  such  instrument,  together  with the
    33  acknowledgment or proof, the certificate of conformity and  any  certif-
    34  icate  of  authentication  or  statement  of  a judicial officer, may be
    35  recorded, filed or registered in any recording or filing office in  this
    36  state,  and  shall  be  so recorded, filed or registered upon payment or
    37  tender of lawful fees therefor. In  fixing  the  fees  of  a  recording,
    38  filing  or  registering  officer,  the certificate of conformity and the
    39  statement of a judicial officer appended, if any, shall  be  treated  as
    40  certificates  of  authentication  required  by  other provisions of this
    41  chapter.
    42    3. No certificate of conformity may be required for an  acknowledgment
    43  or  proof  taken  without  this  state if the acknowledgment or proof is
    44  taken by and accompanied by the signature and title of a notarial  offi-
    45  cer  listed  in  paragraph (a), (c) or (d) of subdivision one of section
    46  two hundred ninety-nine of this article.
    47    4. An instrument acknowledged or proved taken by  and  accompanied  by
    48  the  signature  and title of a notarial officer listed in paragraph (a),
    49  (c) or (d) of subdivision one of section two hundred ninety-nine of this
    50  article and taken in the manner prescribed by the laws of such  notarial
    51  officer's  jurisdiction  shall be equivalent to one taken or made in the
    52  form prescribed by law for use in this state. Such instrument, if other-
    53  wise entitled to record, filing, or registering, may be recorded, filed,
    54  or registered in any recording or filing office in this state, and shall
    55  be so recorded, filed or registered upon payment  or  tender  of  lawful
    56  fees therefor.
        S. 2271                             3
 
     1    §  3. Subdivisions 4 and 5 of section 311 of the real property law, as
     2  amended by chapter 10 of the laws  of  1940,  are  amended  to  read  as
     3  follows:
     4    4.  When  a certificate of acknowledgment or proof is made pursuant to
     5  the provisions of paragraph (e) of subdivision [five] one of section two
     6  hundred ninety-nine or of subdivision seven of section three hundred one
     7  of this [chapter] article by an  officer  or  person  not  elsewhere  in
     8  either  of said sections specifically designated to take acknowledgments
     9  or proofs, the conveyance so acknowledged or proved is not  entitled  to
    10  be  read  in  evidence or recorded within this state unless such certif-
    11  icate is authenticated (a) by the certificate of the secretary of  state
    12  of a state, or of the secretary of a territory, of the United States, or
    13  (b) by the certificate of any officer designated in subdivision three of
    14  this section to authenticate certificates of acknowledgment or proof, or
    15  (c)  by the certificate of any officer designated in [clauses] paragraph
    16  (a) or (b) of subdivision two of this section  to  authenticate  certif-
    17  icates  of  acknowledgment  or  proof,  or (d) by the certificate of the
    18  officer having charge of the official records showing  that  the  person
    19  taking the acknowledgment or proof is such officer as he purports to be,
    20  or having a record of the signature of such person.
    21    5.  Except  as provided in this section, no certificate of authentica-
    22  tion or certificate of conformity shall be required to entitle a convey-
    23  ance to be read in evidence or recorded in this state when  acknowledged
    24  or  proved  before any officer designated in section two hundred ninety-
    25  nine or in section three hundred one of this [chapter] article  to  take
    26  such acknowledgment or proof.
    27    § 4. Subdivision 3 of section 312 of the real property law, as amended
    28  by chapter 282 of the laws of 1963, is amended to read as follows:
    29    3. When such original certificate is made pursuant to paragraph (e) of
    30  subdivision [five] one of section two hundred ninety-nine of this [chap-
    31  ter]  article, such certificate of authentication must also specify that
    32  the person making  such  original  certificate,  at  the  time  when  it
    33  purports  to  have  been made, was authorized, by the laws of the state,
    34  District of Columbia, territory, possession, dependency, or other  place
    35  where  the  acknowledgment or proof was made, to take the acknowledgment
    36  or proof of deeds to be recorded therein.
    37    § 5. Subdivision (c) of section 2309 of the  civil  practice  law  and
    38  rules, as amended by chapter 282 of the laws of 1963, is amended to read
    39  as follows:
    40    (c) Oaths and affirmations taken without the state.  An oath or affir-
    41  mation  taken  without the state shall be treated as if taken within the
    42  state if it is accompanied by such certificate or certificates as  would
    43  be  required  to  entitle  a  deed  acknowledged without the state to be
    44  recorded within the state if [such deed had been acknowledged before the
    45  officer who administered the oath or  affirmation]  made  in  accordance
    46  with the provisions of this section.
    47    § 6. This act shall take effect immediately.