§ 301-A — Acknowledgment to conform to law of New York or of foreign country; certificate of conformity

§ 301-a. Acknowledgment to conform to law of New York or of foreign\ncountry; certificate of conformity. 1. An acknowledgment or proof made\npursuant to the provisions of section three hundred one of this chapter\nmay be taken in the manner prescribed either by the laws of the state of\nNew York or by the laws of the country where the acknowledgment or proof\nis taken. The acknowledgment or proof, if taken in the manner prescribed\nby the laws of such foreign country, must be accompanied by a\ncertificate to the effect that it conforms with such laws. Such\ncertificate may be made by\n (a) An attorney-at-law admitted to practice in the state of New York,\nresident in such foreign country, or by\n (b) A consular officer of the United States, resident in such foreign\ncountry, under the seal of his office, or by\n (c) A consular officer of such foreign country, resident in the state\nof New York, under the seal of his office, or by\n (d) Any other person deemed qualified by any court of the state of New\nYork, if, in any action, proceeding, or other matter pending before such\ncourt, it be necessary to determine that such acknowledgment or proof\nconforms with the laws of such foreign country; or by the supreme court\nof the state of New York, on application for such determination.\n The justice, judge, surrogate, or other presiding judicial officer\nshall append to the instrument so acknowledged or proved his signed\nstatement that he deemed such person qualified to make such certificate.\n 2. (a) The signature to such a certificate of conformity shall be\npresumptively genuine, and the qualification of the person whose name is\nso signed as a person authorized to make such certificate shall be\npresumptively established by the recital thereof in the certificate.\n (b) The statement of a judicial officer appended to the instrument\nthat he deemed the person making such certificate qualified shall\nestablish the qualification of the person designated therein to make\nsuch certificate; and the recording, filing, registering or use as\nevidence of the instrument shall not depend on the power of the court to\nmake the statement and proof shall not be required of any action,\nproceeding, matter or application in which or in connection with which\nthe statement is made.\n (c) When an instrument so acknowledged or proved is accompanied by the\ncertificate of conformity and the statement of a judicial officer, if\nany be required, the acknowledgment or proof of the instrument, for the\npurpose of recording, filing or registering in any recording or filing\noffice in this state or for use as evidence, shall be equivalent to one\ntaken or made in the form prescribed by law for use in this state; and\nif the acknowledgment or proof is properly authenticated, where\nauthentication is required by law, and if the instrument be otherwise\nentitled to record, filing or registering, such instrument, together\nwith the acknowledgment or proof, the certificate of conformity and any\ncertificate of authentication or statement of a judicial officer, may be\nrecorded, filed or registered in any recording or filing office in this\nstate, and shall be so recorded, filed or registered upon payment or\ntender of lawful fees therefor. In fixing the fees of a recording,\nfiling or registering officer, the certificate of conformity and the\nstatement of a judicial officer appended, if any, shall be treated as\ncertificates of authentication required by other provisions of this\nchapter.\n