Section 311. Authentication of acknowledgments and proofs made without the state  


Latest version.
  • 1. When a certificate of acknowledgment or proof is made,  either
      within  or  without  the  United  States,  by  a  commissioner  of deeds
      appointed pursuant to the laws of this state to take acknowledgments  or
      proofs  without  this state, the conveyance so acknowledged or proved is
      not entitled to be read in evidence or recorded in this state, except as
      provided in subdivision  five  of  section  one  hundred  eight  of  the
      executive   law,   unless  such  certificate  is  authenticated  by  the
      certificate of the secretary of state of the state of New York.
        2. When a certificate of acknowledgment or proof is made by  a  notary
      public  in  a  foreign  country  other  than  Canada,  the conveyance so
      acknowledged or proved is  not  entitled  to  be  read  in  evidence  or
      recorded  in  this state unless such certificate is authenticated (a) by
      the certificate of the clerk or other certifying officer of a  court  in
      the  district  in which such acknowledgment or proof was made, under the
      seal of such court, or (b) by the certificate of  the  clerk,  register,
      recorder,  or  other  recording  officer  of  the district in which such
      acknowledgment or proof was made, or  (c)  by  the  certificate  of  the
      officer having charge of the official records of the appointment of such
      notary,  or  having  a record of the signature of such notary, or (d) by
      the certificate of a consular officer of the United States  resident  in
      such country.
        3. When a certificate of acknowledgment or proof, made by the mayor or
      other  chief  civil officer of a city or other political subdivision, is
      not under the seal of such city  or  other  political  subdivision,  the
      conveyance  so  acknowledged  or  proved  is  not entitled to be read in
      evidence  or  recorded  in  this  state  unless  such   certificate   is
      authenticated  by  the  certificate  of  the clerk of such city or other
      political subdivision, or by the certificate of a  consular  officer  of
      the  United  States  resident in the country where the acknowledgment or
      proof was made.
        4. When a certificate of acknowledgment or proof is made  pursuant  to
      the provisions of subdivision five of section two hundred ninety-nine or
      of  subdivision seven of section three hundred one of this chapter by an
      officer or person not elsewhere in either of said sections  specifically
      designated   to  take  acknowledgments  or  proofs,  the  conveyance  so
      acknowledged or proved is  not  entitled  to  be  read  in  evidence  or
      recorded  within this state unless such certificate is authenticated (a)
      by the certificate of the secretary of state  of  a  state,  or  of  the
      secretary  of  a  territory,  of  the  United  States,  or  (b)  by  the
      certificate of any officer  designated  in  subdivision  three  of  this
      section  to authenticate certificates of acknowledgment or proof, or (c)
      by the certificate of any officer designated in clauses (a)  or  (b)  of
      subdivision   two  of  this  section  to  authenticate  certificates  of
      acknowledgment or proof, or (d) by the certificate of the officer having
      charge of the official  records  showing  that  the  person  taking  the
      acknowledgment  or proof is such officer as he purports to be, or having
      a record of the signature of such person.
        5.  Except  as  provided  in   this   section,   no   certificate   of
      authentication  shall  be required to entitle a conveyance to be read in
      evidence or recorded in this state when acknowledged  or  proved  before
      any  officer designated in section two hundred ninety-nine or in section
      three hundred one of this chapter to take such acknowledgment or proof.