ยง 311. Authentication of acknowledgments and proofs made without the
state. 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 subdivision five of section two hundred ninety-nine or
of subdivision seven of section three hundred one of this chapter 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 clauses (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 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 chapter to take such acknowledgment or proof.
Structure New York Laws
Article 9 - Recording Instruments Affecting Real Property
290 - Definitions; Effect of Article.
291 - Recording of Conveyances.
291-C - Recording Memoranda of Leases.
291-CC - Recording Modifications of Leases.
291-F - Rights Where Recorded Mortgage Restricts Landlord's Action in Respect to Leases.
291-G - Recording Insurance Information.
291-H - Recording of Liens by the State.
291-I - Validity of Electronic Recording.
291-J - Recording of Declarations by the New York State Energy Research and Development Authority.
292 - By Whom Conveyance Must Be Acknowledged or Proved.
293 - Recording of Conveyances Heretofore Acknowledged or Proved.
294 - Recording Executory Contracts and Powers of Attorney.
294-A - Recording Assignments of Rent.
294-B - Recording Brokers Affidavit of Entitlement to Commission for Completed Brokerage Services.
295 - Recording of Letters Patent.
296 - Recording Copies of Instruments Which Are in Secretary of State's Office.
297 - Certified Copies May Be Recorded.
297-A - Recording of Certified Copies of Bankruptcy Papers; Constructive Notice.
297-B - Recording of Certified Copies of Judgments Affecting Real Property.
298 - Acknowledgments and Proofs Within the State.
300 - Acknowledgments and Proofs by Persons in or With the Armed Forces of the United States.
301 - Acknowledgments and Proofs in Foreign Countries.
302 - Acknowledgments and Proofs by Married Women.
303 - Requisites of Acknowledgments.
304 - Proof by Subscribing Witness.
305 - Compelling Witnesses to Testify.
306 - Certificate of Acknowledgment or Proof.
307 - When Certificate to State Time and Place.
308 - When Certificate Must Be Under Seal.
309-B - Uniform Forms of Certificates of Acknowledgment or Proof Without This State.
310 - Authentication of Acknowledgments and Proofs Made Within the State.
311 - Authentication of Acknowledgments and Proofs Made Without the State.
312 - Contents of Certificate of Authentication.
314-A - Proof When Witnesses Are Dead.
316-A - Indexing and Reindexing Conveyances, Mortgages and Other Instruments.
316-B - Inactive Hazardous Waste Disposal Site Registry Index.
318 - Certificate to Be Recorded.
320 - Certain Deeds Deemed Mortgages.
321 - Recording Discharge of Mortgage.
321-A - Recording Discharge of Rent Assignment.
324 - Effect of Recording Assignment of Mortgage.
325 - Recording of Conveyances Made by Treasurer of Connecticut.
326 - Revocation to Be Recorded.
327 - Penalty for Using Long Forms of Covenants.
328 - Certain Acts Not Affected.
329 - Actions to Have Certain Instruments Canceled of Record.
329-A - Lapse of Oil and Gas Interest Within Allegany State Park.
330 - Officers Guilty of Malfeasance Liable for Damages.
332 - The Record of Certain Conveyances Validated.
332-B - The Record of Certain Other Conveyances Validated.
333 - When Conveyances of Real Property Not to Be Recorded.
333-A - Same; Maps to Be Filed.
333-B - Recording of Maps or Plot Plans.
333-C - Lands in Agricultural Districts; Disclosure.
334 - Maps to Be Filed; Penalty for Nonfiling.
334-A - Filing of Subdivision Maps in Nassau County; Penalty for Non-Filing.
335 - Filing of Maps and Abandonment of Subdivisions in Suffolk County; Penalty for Nonfiling.
335-A - Easements of Necessity.
335-B - Recording of Solar Energy Easements.
336 - Effect of Recording Demands or Requirements of Noncitizen Property Custodian.