§203. Need for acknowledgment






Deeds and all other written instruments before recording in the registries of deeds,
except those issued by a court of competent jurisdiction and duly attested by the
proper officer thereof, and excepting plans and notices of foreclosure of mortgages
and certain financing statements as provided in Title 11, section 9-1501, subsection
(1), paragraph (a), and excepting notices of liens for internal revenue taxes and
certificates discharging such liens and excepting notices of liens for taxes assessed
pursuant to Title 36, Part 1 and Parts 3 to 8 and Title 26, chapter 13, and releases
discharging such liens, must be acknowledged by the grantors, or by the persons executing
any such written instruments, or by one of them, or by their attorney executing the
same, or by the lessor in a lease or one of the lessors or lessor's attorney executing
the same, before a notary public in the State, or before an attorney-at-law duly admitted
and eligible to practice in the courts of the State, if within the State; or before
any clerk of a court of record having a seal, notary public or commissioner appointed
by the Governor of this State for the purpose, or a commissioner authorized in the
State where the acknowledgment is taken, within the United States; or before a minister,
vice-consul or consul of the United States or notary public in any foreign country. [1999, c. 699, Pt. D, §20 (AMD); 1999, c. 699, Pt. D, §30 (AFF).]






Any person who is in the Armed Forces of the United States, and who executes a general
or special power of attorney, deed, lease, contract or any instrument that is required
to be recorded, may acknowledge the same as that person's true act and deed before
any lieutenant or officer of senior grade thereto in the Army, U. S. Marine Corps
or Air Force or before any ensign or officer of senior grade thereto in the Navy or
Coast Guard and the record of such acknowledgment by said officers must be received
and have the same force and effect as acknowledgments under the other provisions of
this section, and all such instruments heretofore executed are hereby validated as
to acknowledgment and authenticity. Powers of attorney and other instruments requiring
seals executed by such members of the armed forces may be accepted for recordation
in registries of deeds and other offices of record in cases where no seal is affixed
after the name of the person or persons executing the instrument with like force and
effect as though seals were affixed thereto. [1999, c. 699, Pt. D, §20 (AMD); 1999, c. 699, Pt. D, §30 (AFF).]






Any notary public who is a stockholder, director, officer or employee of a bank or
other corporation may take the acknowledgment of any party to any written instrument
executed to or by such corporation, provided such notary public is not a party to
such instrument either individually or as a representative of such bank or other corporation. [1987, c. 736, §48 (AMD).]






This section may not be construed as invalidating any instrument duly executed in
accordance with the statutes heretofore in effect or made valid by any such statute.
All such instruments may be admitted to record which at the time of their execution
or subsequent validation could be so recorded. [1999, c. 699, Pt. D, §20 (AMD); 1999, c. 699, Pt. D, §30 (AFF).]






Notwithstanding any of the requirements in this section, an instrument with an acknowledgment
conforming to the requirements of the Uniform Recognition of Acknowledgments Act,
Title 4, section 1011 et seq., must be accepted for recording purposes. [1999, c. 699, Pt. D, §20 (AMD); 1999, c. 699, Pt. D, §30 (AFF).]





SECTION HISTORY

1969, c. 260, (AMD).
1979, c. 20, (AMD).
1981, c. 456, §§A114,A115 (AMD).
1983, c. 635, (AMD).
1987, c. 736, §48 (AMD).
1993, c. 395, §1 (AMD).
1999, c. 699, §D20 (AMD).
1999, c. 699, §D30 (AFF).