NY Senate 2271

Legislation

State: New York
Signed: November 22, 2024

Effective: November 22, 2024
Chapter: 502

Summary

New York Senate 2271 provides a much-need needed revision of New York’s interstate recognition of notarial act statutes.

Affects

Amends Real Property Law Section 299, 299a, 311, and 312, and Civil Practice Law and Rules Section 282.

Changes

Provides that the signature and title of a notarial officer of another state or jurisdiction of the United States who is specifically listed in Real Property Law Section 299 on certificate of acknowledgment or proof are prima facie evidence that the signature is genuine and that the individual holds the designated title.
Provides that the signature and title of a judge, Notary Public of another state or jurisdiction of the United States, or commissioner of deeds appointed pursuant to New York law to take acknowledgments and proofs outside New York on a certificate of acknowledgment or proof conclusively establish the authority of the officer to perform the acknowledgment or proof of a conveyance.
Eliminates the certificate of conformity that is required for an acknowledgment or proof taken outside New York if the acknowledgment or proof is taken and accompanied by the signature and title of a judge, Notary Public of another state or jurisdiction of the United States, or commissioner of deeds appointed pursuant to New York law to take acknowledgments and proofs outside New York.
Provides that a document containing an acknowledgment or proof taken and accompanied by the signature and title of a judge, Notary Public of another state or jurisdiction of the United States, or commissioner of deeds appointed pursuant to New York law to take acknowledgments and proofs outside New York, and taken in the manner prescribed by the laws of such notarial officer's jurisdiction, shall be equivalent to one taken or made in the form prescribed by law for use in New York.
Provides that except as provided in Real Property Law Section 311, a certificate of conformity shall not be required to entitle a conveyance to be read in evidence or recorded in New York when the acknowledgment or proof is made before a notarial officer of another U.S. state or jurisdiction listed in Real Property Law Section 299 or 300.
Provides that an oath or affirmation taken outside of New York shall be treated as if taken within the state if it is accompanied by such certificate or certificates as would be required to entitle a deed acknowledged without the state to be recorded within the state if made in accordance with the provisions of Civil Practice Laws and Rules Section 2309.
Makes non-technical changes.

Analysis

Under the law in force before the enactment of Senate 2271, for a document notarized by a Notary Public or notarial officer outside New York to be recognized in New York, a separate form called a “certificate of conformity” had to be completed in New York which states that the Notary or notarial officer of the other state complied with the notarial laws of their state. But in performing a notarial act, it is implied in every certificate of notarial act that the Notary complied with the laws of the Notary’s commissioning state. Senate 2271 eliminates this additional, duplicative step of completing a certificate of conformity before validly notarized documents from out of state are recognized in New York.

Senate 2271 also amends the Civil Practices Law and Rules to formally recognize oaths and affirmations taken by a Notary of another state.

Read Senate 2271.