§ 2-01 Qualifications.
RCNY § 2-01
To become a Commissioner of Deeds, an individual: (a) must be a citizen of the United States of America; (b) must be a resident of the City of New York, or be an attorney who maintains a law office within the City of New York (such attorneys are deemed residents of the City by NYS Executive Law §§ 140(5) and (5-a) for the purpose of becoming a Commissioner of Deeds); (c) must be at least 18 years of age; (d) must not have been removed from the Office of Notary Public or Commissioner of Deeds; (e) must be an attorney, an attorney's employee, someone serving a clerkship in a law office, or someone who has qualified for a Certificate of Fitness from the Office of the City Clerk. After the oath or affirmation is administered, the Commissioner of Deeds should place the appropriate one of the following statements (called a "jurat") after the person's signature: "Sworn to before me this ____________________ day of __________, 19 ____." The jurat must be followed by the signature and other information of the Commissioner of Deeds as described above.
(1)Acknowledgements. For the purpose of a Commissioner of Deeds, an acknowledgement is a declaration by a person that he is in fact the person who is described in a particular document and that he has executed (signed) that particular document. There is no particular form that must be used in taking an acknowledgement. For an acknowledgement to be valid, the Commissioner of Deeds must ask the person making the acknowledgement: (i) to identify himself to the satisfaction of the commissioner of deeds; (ii) whether he is the person described in the document; and (iii) whether it is in fact his signature on the document. (It is not essential for the person to sign the document in the presence of the Commissioner of Deeds.) After taking an acknowledgement, the Commissioner of Deeds must place a statement on the document or attach a statement to the document as evidence of her taking the acknowledgment. Whatever form used, the statement must recite all the matters that were required to be done, known or proved on the taking of the acknowledgement, together with the name and substance of the declaration of the person making the acknowledgement. An acceptable form of such a statement is: "On this ________________ day of __________, 19 ____, before me came (person's name), to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same." This must be followed by the Commissioner's signature and other information as described above.
