51-116A. ACKNOWLEDGMENT BY ENTITY ON BEHALF OF ANOTHER ENTITY. (1) As used in this section:

(a) A corporation, partnership, limited liability company, trust or other legal entity that is the party executing an instrument and the party, or one of the parties, to be bound thereby shall be referred to as the "maker" of the instrument;

(b) A corporation, partnership, limited liability company, trust or other legal entity that is a partner, manager, member, trustee or other authorized representative of the maker shall be referred to as the "constituent entity" of the maker;

(c) The natural person who signs the written instrument as an officer, partner, manager, member, trustee or other authorized representative of the constituent entity shall be referred to as the "signer"; and

(d) An acknowledgment of an instrument executed by a maker acting through a constituent entity shall be referred to as a "compound acknowledgment."

(2) A compound acknowledgment of an instrument shall be made in a form that substantially conforms to the statutory form of acknowledgment for an entity of the same legal form as either the maker or the constituent entity; provided, however, that any acknowledgment that satisfies the requirements of subsection (3) of this section shall suffice.

(3) A compound acknowledgment shall:

(a) Identify the signer;

(b) State the signer’s official title, capacity or authority to sign on behalf of the constituent entity, or recite that the signer is authorized to sign on behalf of the constituent entity;

(c) Identify the constituent entity or constituent entities;

(d) Recite the constituent entity’s official title, capacity or authority to act on behalf of the maker, or the relationship of the constituent entity to the maker, or the position the constituent entity holds in or with the maker, or that the constituent entity is authorized to act on behalf of the maker; and

(e) Identify the maker.

(4) As an example only, a compound acknowledgment for a maker that is a partnership, acting through a constituent entity that is a corporation, may take the following form:

STATE OF ____________

)

)

ss.

COUNTY OF ___________

)

On this ___ day of _____, ____, before me, _____________________, a Notary Public in and for said State, personally appeared _______ (signer), known or identified to me (or proved to me on the oath of _______________) to be the _________ (officer title) of _______________ (constituent entity) a _______________ corporation, one of the partners in the partnership of __________ (maker), a ________________ partnership, and the partner or one of the partners who subscribed said partnership name to the foregoing instrument, and acknowledged to me that he executed the within instrument on behalf of said corporation, and that such corporation executed the same in said partnership name.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written.

_________________________

Notary Public for _______

Residing at _____________

My commission expires _________

History:

[51-116A, added 2017, ch. 192, sec. 3, p. 448.]