Bill Text: MS SB2365 | 2011 | Regular Session | Engrossed
Bill Title: Acknowledgment; revise form of and clarify date provisions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2011-03-01 - Died In Committee [SB2365 Detail]
Download: Mississippi-2011-SB2365-Engrossed.html
MISSISSIPPI LEGISLATURE
2011 Regular Session
To: Judiciary, Division A
By: Senator(s) Fillingane
Senate Bill 2365
(As Passed the Senate)
AN ACT TO AMEND SECTION 89-3-7, MISSISSIPPI CODE OF 1972, TO PROVIDE A UNIFORM BUSINESS ACKNOWLEDGMENT FORM; TO CREATE SECTION 89-5-17, MISSISSIPPI CODE OF 1972, TO CREATE A PRESUMPTION AS TO THE DATE OF EXECUTION OF AN ACKNOWLEDGMENT UNDER CERTAIN CIRCUMSTANCES AND TO PROVIDE FOR RETROACTIVE EFFECT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 89-3-7, Mississippi Code of 1972, is amended as follows:
89-3-7. The following forms of acknowledgment may be used in the case of conveyances or other written instruments affecting real estate or personal property; and any acknowledgment so taken and certified shall be sufficient to satisfy all requirements of law:
(a) In the case of natural persons acting in their own right:
"STATE OF ________
COUNTY OF ________
Personally appeared before me, the undersigned authority in and for the said county and state, on this ________ day of ________, 20________, within my jurisdiction, the within named ________, who acknowledged that (he) (she) (they) executed the above and foregoing instrument.
___________________________________
(NOTARY PUBLIC)
My commission expires:
_____________________"
(Affix official seal, if applicable)
(b) In the case of corporations:
"STATE OF ________
COUNTY OF ________
Personally appeared before me, the undersigned authority in and for the said county and state, on this ________ day of ________, 20________, within my jurisdiction, the within named ________, who acknowledged that (he) (she) is ________ of ________, a ________ corporation, and that for and on behalf of the said corporation, and as its act and deed (he) (she) executed the above and foregoing instrument, after first having been duly authorized by said corporation so to do.
___________________________________
(NOTARY PUBLIC)
My commission expires:
_____________________"
(Affix official seal, if applicable)
(c) In the case of a corporate general partner of a limited partnership:
"STATE OF ________
COUNTY OF_________
Personally appeared before me, the undersigned authority in and for the said county and state, on this________ day of________, 20________, within my jurisdiction, the within named________, who acknowledged to me that (he) (she) is________ of________, a ________ corporation and general partner of________, a________ limited partnership, and that for and on behalf of said corporation as general partner of said limited partnership, and as the act and deed of said corporation as general partner of said limited partnership, and as the act and deed of said limited partnership, (he) (she) executed the above and foregoing instrument, after first having been duly authorized by said corporation and said limited partnership so to do.
___________________________________
(NOTARY PUBLIC)
My commission expires:
_____________________"
(Affix official seal, if applicable)
(d) In the case of a corporate member of a member-managed limited liability company:
"STATE OF ________
COUNTY OF_________
Personally appeared before me, the undersigned authority in and for the said county and state, on this________ day of ________, 20________, within my jurisdiction, the within named ________, who acknowledged to me that (he) (she) is ________ of ________, a ________ corporation and member of ________, a ________ member-managed limited liability company, and that for and on behalf of said corporation as member of said limited liability company, and as the act and deed of said corporation as member of said limited liability company, and as the act and deed of said limited liability company, (he) (she) executed the above and foregoing instrument, after first having been duly authorized by said corporation and said limited liability company so to do.
___________________________________
(NOTARY PUBLIC)
My commission expires:
_____________________"
(Affix official seal, if applicable)
(e) In the case of a corporate manager of a manager-managed limited liability company:
"STATE OF ________
COUNTY OF_________
Personally appeared before me, the undersigned authority in and for the said county and state, on this________ day of________, 20________, within my jurisdiction, the within named________, who acknowledged to me that (he) (she) is________ of________, a ________ corporation and manager of________, a________ manager-managed limited liability company, and that for and on behalf of said corporation as manager of said limited liability company, and as the act and deed of said corporation as manager of said limited liability company, and as the act and deed of said limited liability company, (he) (she) executed the above and foregoing instrument, after first having been duly authorized by said corporation and said limited liability company so to do.
___________________________________
(NOTARY PUBLIC)
My commission expires:
_____________________"
(Affix official seal, if applicable)
(f) In the case of persons acting in representative capacities:
"STATE OF ________
COUNTY OF ________
Personally appeared before me, the undersigned authority in and for the said county and state, on this ________ day of ________, 20________, within my jurisdiction, the within named ________, who acknowledged that (he) (she) is ________ of ________ and that in said representative capacity (he) (she) executed the above and foregoing instrument, after first having been duly authorized so to do.
___________________________________
(NOTARY PUBLIC)
My commission expires:
_____________________"
(Affix official seal, if applicable)
(g) In the case of proof of execution of the instrument made by a subscribing witness:
"STATE OF ________
COUNTY OF ________
Personally appeared before me, the undersigned authority in and for the said county and state, on this ________ day of ________, 20________, within my jurisdiction, CD, one of the subscribing witnesses to the above and foregoing instrument, who, being first duly sworn, states that (he) (she) saw the within (or above) named AB, whose name is subscribed thereto, sign and deliver the same to EF (or that (he) (she) heard AB acknowledge that (he) (she) signed and delivered the same to EF); and that the affiant subscribed (his) (her) name as witness thereto in the presence of AB.
________ (CD)
___________________________________
(NOTARY PUBLIC)
My commission expires:
_____________________"
(Affix official seal, if applicable)
(h) In the case of any business organization, foreign or domestic:
"STATE OF _______________
COUNTY OF _______________
On ___________ ____, 20__, personally appeared before me, the undersigned authority in and for the said county and state, within my jurisdiction,__________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s), or the entity(ies) upon behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal.
___________________________________
(NOTARY PUBLIC)
My commission expires:
_____________________"
(Affix official seal, if applicable)
SECTION 2. The following shall be codified as Section 89-5-17, Mississippi Code of 1972:
89-5-17. (1) An acknowledgment shall be presumed to have been taken as of the date of execution of the instrument, without regard to the date of the instrument and the date of acknowledgment, if the acknowledgment is complete and the instrument is signed on or before the date of filing.
(2) This section shall not be construed so as to revive any remedy which may have become barred by lapse of time or by any statute of limitation of this state.
(3) Subject to the provisions of subsection (2), this section shall apply to all acknowledgments whether executed before or after the effective date of this act.
SECTION 3. This act shall take effect and be in force from and after its passage.
