§1012. Authentication of authority of officer

1.  Proof.  If the notarial act is performed by any of the persons described in section 1011, subsections 1 to 4, other than a person authorized to perform notarial acts by the laws or regulations of a foreign country, the signature, rank or title and serial number, if any, of the person are sufficient proof of the authority of a holder of that rank or title to perform the act. Further proof of his authority is not required.

[PL 1969, c. 364 (NEW).]

2.  --other.  If the notarial act is performed by a person authorized by the laws or regulations of a foreign country to perform the act, there is sufficient proof of the authority of that person to act if:

A. Either a foreign service officer of the United States resident in the country in which the act is performed or a diplomatic or consular officer of the foreign country resident in the United States certifies that a person holding that office is authorized to perform the act;   [PL 1969, c. 364 (NEW).]

B. The official seal of the person performing the notarial act is affixed to the document; or   [PL 1969, c. 364 (NEW).]

C. The title and indication of authority to perform notarial acts of the person appears either in a digest of foreign law or in a list customarily used as a source of such information.   [PL 1969, c. 364 (NEW).]

[PL 1969, c. 364 (NEW).]

3.  --other persons.  If the notarial act is performed by a person other than one described in subsections 1 and 2, there is sufficient proof of the authority of that person to act if the clerk of a court of record in the place in which the notarial act is performed certifies to the official character of that person and to his authority to perform the notarial act.

[PL 1969, c. 364 (NEW).]

4.  Signature and title.  The signature and title of the person performing the act are prima facie evidence that he is a person with the designated title and that the signature is genuine.

[PL 1969, c. 364 (NEW).]

SECTION HISTORY

PL 1969, c. 364 (NEW).