N.Y. Real Property Law 309 – Acknowledgment by corporation and form of certificate
§ 309. Acknowledgment by corporation and form of certificate. 1. The acknowledgment of a conveyance or other instrument by a corporation, must be made by an officer or attorney in fact duly appointed, or in case of a dissolved corporation, by an officer, director or attorney in fact duly appointed thereof authorized to execute the same by the board of directors of said corporation.
Terms Used In N.Y. Real Property Law 309
- conveyance: includes every written instrument, by which any estate or interest in real property is created, transferred, mortgaged or assigned, or by which the title to any real property may be affected, including an instrument in execution of a power, although the power be one of revocation only, and an instrument postponing or subordinating a mortgage lien; except a will, a lease for a term not exceeding three years, an executory contract for the sale or purchase of lands, and an instrument containing a power to convey real property as the agent or attorney for the owner of such property. See N.Y. Real Property Law 290
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
2. The certificate of acknowledgment must conform substantially with one of the following alternative forms, the blanks being properly filled:
State of New York }ss.:
County of………}
On the……. day of……. in the year……. before me personally came……. to me known, who, being by me duly sworn, did depose and say that he/she/they reside(s) in……. (if the place of residence is in a city, include the street and street number, if any, thereof); that he/she/they is (are) the (president or other officer or director or attorney in fact duly appointed) of the (name of corporation), the corporation described in and which executed the above instrument; that he/she/they know(s) the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority of the board of directors of said corporation, and that he/she/they signed his/her/their name(s) thereto by like authority.
(Signature and office of person taking acknowledgment.)
State of New York }ss.:
County of………}
On the……. day of……. in the year……. before me personally came……. to me known, who, being by me duly sworn, did depose and say that he/she/they reside(s) in……. (if the place of residence is in a city, include the street and street number, if any, thereof); that he/she/they is (are) the (president or other officer or director or attorney in fact duly appointed) of the (name of corporation), the corporation described in and which executed the above instrument; and that he/she/they signed his/her/their name(s) thereto by authority of the board of directors of said corporation.
(Signature and office of person taking acknowledgment.)
3. Subdivision two of this section shall be inapplicable to the acknowledgment, within this state, of a conveyance or other instrument in respect to real property situate in this state executed on or after the first day of September, nineteen hundred ninety-nine. A certificate of such an acknowledgment shall be subject to the provisions of section three hundred nine-a of this article.