§ 2-06 Procedures for Exercising the Powers of a Commissioner of Deeds.
RCNY § 2-06
(a)Required information. On each document sworn to, acknowledged, or proved before him, a Commissioner of Deeds must affix, in black ink, (1) his signature; (2) his printed, typewritten, or stamped name; (3) his office title; (4) his official number; and (5) the date when his term expires. An example of the form to be followed is: (signature) Jane Sample Commissioner of Deeds, New York City 123456789 Term Expires: (date) A Commissioner of Deeds must sign the name under which she was appointed; she may use no other. When a Commissioner of Deeds marries during the term of office, the Commissioner must continue to use any pre-marriage surname when signing as a Commissioner of Deeds. However, if the Commissioner wishes to include a new, marriage surname, the Commissioner must use the pre-marriage surname in the Commissioner's signature and printed name, and then add the marriage surname in parentheses after the signature. When the term of office expires, the Commissioner's renewal application may be made either under the pre-marriage or the marriage surname. When the renewal is granted the Commissioner must perform all functions solely under the name used on the renewal application. A Commissioner of Deeds must immediately notify the Office of the City Clerk concerning any changes of address. It is optional to have an official stamp or seal. A Commissioner of Deeds appointed in the City of New York may administer oaths and take acknowledgements or proofs of deeds and other documents in any part of the City of New York.
(b)Administering oaths and taking acknowledgement or proofs.
(1)Oaths. For the purpose of a Commissioner of Deeds, an oath is a person's verbal pledge that her statements contained in a document are true. An affirmation is the equivalent of an oath and may be administered to anyone who objects to taking an oath as a matter of principle. Oaths and affirmations must be administered in legally acceptable forms. An acceptable form for administering an oath is: "Do you solemnly swear that the contents of the statement made and subscribed by you are true and correct?" An acceptable form for administering an affirmation is: "Do you solemnly, sincerely, and truly, declare and affirm that the statements made and subscribed by you are true and correct?" When an oath or affirmation is administered, the person swearing or affirming must express assent to the oath or affirmation by the words "I do" or words of like meaning. For an oath or affirmation to be valid, whatever form is used, it is necessary that: (i) the person swearing or affirming be personally present before the Commissioner of Deeds; (ii) the person unequivocally swears or affirms that what she states is true; (iii) the person swears or affirms as of that moment; and (iv) the person consciously and conscientiously takes upon herself the obligation of an oath or affirmation.
(2)Proofs.
(i)A proof is used in place of an acknowledgement on certain instruments. A proof is a formal declaration by a person who witnessed the signing of an instrument and who himself signed as a subscribing witness, which declaration sets forth: (A) the witness' place of residence; (B) that the witness knew the individual who is described in and who executed (signed) the instrument; and (C) that the witness actually saw the individual sign the instrument.
(ii)As with acknowledgements, there is no prescribed form for taking a proof. For a proof to be valid, the commissioner of deeds must be satisfied that: (A) the witness is who she claims to be; (B) the witness is stating her correct place of residence; (C) the witness does in fact personally know the individual who executed the instrument; and (D) the witness actually saw the individual execute the instrument. When a proof is taken, the Commissioner of Deeds must place a statement on the document or attached thereto as evidence of her having taken the proof. Whatever form is used, the statement must recite all the matters that were required to be done, known, or proved on the taking of the proof, together with the name, place of residence, and substance of the declaration of the person giving proof. An acceptable form of the statement is: "On this ________________ day of __________, 19 ____, before me came (person's name), to me known to be the individual who subscribed as witness the foregoing instrument and declared that she resides at (house and street), (town or city), (state), that she knows personally (person's name), that she knows the person to be the individual described in and who executed the foregoing instrument, and that (the person) executed the foregoing instrument in her presence." This statement must be followed by the Commissioner's signature and other information described above.
(3)Fee. The fee for administering an oath or taking an acknowledgement or proof is twenty-five cents.
(c)Authentication. "Authentication" in this case involves a County Clerk affirming the genuineness of a certificate of acknowledgement, proof, or oath taken before a Commissioner of Deeds. The significance of authentication is as follows: When an instrument or paper is sworn to, proved, or acknowledged before a Commissioner of Deeds within the City of New York, it can be recorded and read in evidence in any office of any County Clerk within the City of New York or in the Office of the Register of the City of New York without the need for further proof. However, for such an instrument to be read into evidence, without the need for further proof, anywhere in New York outside the five boroughs of the City, it is necessary that the instrument first be authenticated by one of the County Clerks in the City of New York. To permit people to have instruments authenticated, a Commissioner of Deeds may file his autograph signature and certificate of appointment in the office of any County Clerk in New York City. Certificates of appointment may be obtained from the Office of the City Clerk.
