N.Y. Real Property Law 312 – Contents of certificate of authentication
§ 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.
Terms Used In N.Y. Real Property Law 312
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- recorded: means the entry, at length, upon the pages of the proper record books in a plain and legible hand writing, or in print or in symbols of drawing or by photographic process or partly in writing, partly in printing, partly in symbols of drawing or partly by photographic process or by any combination of writing, printing, drawing or photography or either or any two of them, or by an electronic process by which a record or instrument affecting real property, after delivery is incorporated into the public record. See N.Y. Real Property Law 290
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 subdivision five of section two hundred ninety-nine 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 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.