MS House Bill 723 | NNA
Law

MS House Bill 723

Notary Law Update: MS House Bill 723

State: Mississippi

Summary:

Mississippi adopts a new certificate of acknowledgment to be used for any business organization, foreign or domestic, in acknowledging a document conveying real or personal property.

Signed:  April 26, 2011

Effective:  July 01, 2011

Chapter: 538

Affects:

Amends Sections 89-3-7, 89-3-1 and 89-5-1 of the Mississippi Code

Changes:
  1. Adopts a new acknowledgment certificate to be used for any business organization, foreign or domestic, that is acknowledging an instrument.
  2. Clarifies that unless an instrument is acknowledged or proved, the clerk of chancery court may refuse to admit the instrument to record. However, if an instrument is not acknowledged or proved but is otherwise admitted to record, then all persons shall be on constructive notice of the contents of the instrument.
Analysis:

Mississippi adopts a new certificate of acknowledgment to be used for any business organization, foreign or domestic, in acknowledging a document conveying real or personal property. House Bill 723 also states that unless a document is acknowledged or proved by a subscribing witness, the clerk of the chancery court may refuse to record the document in the land records. However, the law also clarifies that if a document is recorded, not having first been acknowledged or proved, the document still imparts what is known as “constructive notice” of the contents of the document. Constructive notice means that persons are assumed to have knowledge of something by virtue of the fact that it is in the public record. For example, if one purchases property, he or she is presumed to know the legal status of that property because it is available through public records.

Read the bill text.

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