Miss. Code § 89-3-7

Current through the 2024 Regular Session

Section 89-3-7 - Forms of acknowledgment

(1) The following long forms of acknowledgment may be used in the case of conveyances or other written instruments affecting real 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.

(Signature of notarial officer)

(Title of office)

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.

(Signature of notarial officer)

(Title of office)

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.

(Signature of notarial officer)

(Title of office)

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.

(Signature of notarial officer)

(Title of office)

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.

(Signature of notarial officer)

(Title of office)

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.

(Signature of notarial officer)

(Title of office)

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.

(Signature of notarial officer)

(Title of office)

My commission expires:

____________________

(Affix official seal, if applicable)

(h) In the case of any business organization, foreign or domestic:

"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 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed in the above and foregoing instrument and acknowledged that he/she/they executed the same in his/her/their representative capacity(ies), and that by his/her/their signature(s) on the instrument, and as the act and deed of the person(s) or entity(ies) upon behalf of which he/she/they acted, executed the above and foregoing instrument, after first having been duly authorized so to do.

(Signature of notarial officer)

(Title of office)

My commission expires:

____________________

(Affix official seal, if applicable)

(2) The following short form certificates of notarial acts are sufficient for the purposes indicated if the certificate complies with Section 25-34-31(1) and (2):

(a) For an acknowledgment in an individual capacity:

"STATE OF ____________________

COUNTY OF ____________________

This record was acknowledged before me on (date) by (name(s) of individual(s)).

(Signature of notarial officer)

(Title of office)

My commission expires:

____________________

(Affix official seal, if applicable)

(b) For an acknowledgment in a representative capacity:

"STATE OF ____________________

COUNTY OF ____________________

This record was acknowledged before me on (date) by (name(s) of individual(s)) as (type of authority, such as officer or trustee) of (name of party on behalf of whom record was executed).

(Signature of notarial officer)

(Title of office)

My commission expires:

____________________

(Affix official seal, if applicable)

(c) For a verification on oath or affirmation (jurat):

"STATE OF ____________________

COUNTY OF ____________________

Signed and sworn to (or affirmed) before me on (date) by (name(s) of individual(s) making statement).

(Signature of notarial officer)

(Title of office)

My commission expires:

____________________

(Affix official seal, if applicable)

(d) For witnessing or attesting a signature:

"STATE OF ____________________

COUNTY OF ____________________

Signed or attested before me on (date) by (name(s) of individual(s)).

(Signature of notarial officer)

(Title of office)

My commission expires:

____________________

(Affix official seal, if applicable)

Miss. Code § 89-3-7

Codes, 1892, § 2465; 1906, § 2799; Hemingway's 1917, § 2300; 1930, § 2137; 1942, § 858; Laws, 1988, ch. 475, § 1; Laws, 1992, ch. 354 § 1; Laws, 2000, ch. 446, § 1; Laws, 2011, ch. 538, § 1, eff. 7/1/2011.

Amended by Laws, 2020, ch. 382, HB 1156,§ 32, eff. 7/1/2021.