§ 311 SECTION 311 Authentication of acknowledgments and proofs made without the state
RPL § 311
1.When a certificate of acknowledgment or proof is made, either within or without the United States, by a commissioner of deeds appointed pursuant to the laws of this state to take acknowledgments or proofs without this state, the conveyance so acknowledged or proved is not entitled to be read in evidence or recorded in this state, except as provided in subdivision five of section one hundred eight of the executive law, unless such certificate is authenticated by the certificate of the secretary of state of the state of New York.
2.When a certificate of acknowledgment or proof is made by a notary public in a foreign country other than Canada, the conveyance so acknowledged or proved is not entitled to be read in evidence or recorded in this state unless such certificate is authenticated (a) by the certificate of the clerk or other certifying officer of a court in the district in which such acknowledgment or proof was made, under the seal of such court, or (b) by the certificate of the clerk, register, recorder, or other recording officer of the district in which such acknowledgment or proof was made, or (c) by the certificate of the officer having charge of the official records of the appointment of such notary, or having a record of the signature of such notary, or (d) by the certificate of a consular officer of the United States resident in such country.
3.When a certificate of acknowledgment or proof, made by the mayor or other chief civil officer of a city or other political subdivision, is not under the seal of such city or other political subdivision, the conveyance so acknowledged or proved is not entitled to be read in evidence or recorded in this state unless such certificate is authenticated by the certificate of the clerk of such city or other political subdivision, or by the certificate of a consular officer of the United States resident in the country where the acknowledgment or proof was made.
4.When a certificate of acknowledgment or proof is made pursuant to the provisions of paragraph (e) of subdivision one of section two hundred ninety-nine or of subdivision seven of section three hundred one of this article by an officer or person not elsewhere in either of said sections specifically designated to take acknowledgments or proofs, the conveyance so acknowledged or proved is not entitled to be read in evidence or recorded within this state unless such certificate is authenticated (a) by the certificate of the secretary of state of a state, or of the secretary of a territory, of the United States, or (b) by the certificate of any officer designated in subdivision three of this section to authenticate certificates of acknowledgment or proof, or (c) by the certificate of any officer designated in paragraph (a) or (b) of subdivision two of this section to authenticate certificates of acknowledgment or proof, or (d) by the certificate of the officer having charge of the official records showing that the person taking the acknowledgment or proof is such officer as he purports to be, or having a record of the signature of such person.
5.Except as provided in this section, no certificate of authentication or certificate of conformity shall be required to entitle a conveyance to be read in evidence or recorded in this state when acknowledged or proved before any officer designated in section two hundred ninety-nine or in section three hundred one of this article to take such acknowledgment or proof.
