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Who Can Make an Acknowledgment

An acknowledgment gives solemnity to the execution of an instrument, and provides protection against the recording of false instruments.  Execution is acknowledged by the following persons:

  • by the person executing it; or
  • if executed by a corporation, by its representative.  It could be its president, vice president, secretary, or assistant secretary or by any other person duly authorized by resolution by the corporation to act on behalf of the corporation.

Where instruments are executed by individuals, the proper person to acknowledge it is of course the individual or individuals who executed the instrument.

As regards deeds, mortgages, leases and other instruments affecting land, statutes usually expressly require that the acknowledgment be made by the vendor, grantor, mortgagor, or lessor, or by his or her duly authorized agent or attorney.  However, an acknowledgment by the vendee, lessee, or grantee alone is not enough.  The fact that a deed is also acknowledged by those who are not grantors, but to whom the deed ought to be delivered.  However, the trustees, does not invalidate the certificate if it is otherwise sufficient.

In the absence of a statute providing otherwise, only one of the parties to an instrument needs to acknowledge it.  Where an instrument is divided into parts, each part must be properly acknowledged by one of the parties to the instrument.

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