Question 3

Domain 3: Powers and Duties

A deed conveying real property located in this state is acknowledged outside the United States by the dependent of an active-duty service member. The acknowledgment is taken before an officer in active service of the armed forces of the United States who is authorized to act as a notary in a component of the armed forces. Which additional statement is required in the certificate under § 300?

Section 300 does not require disclosing the exact place of acknowledgment.

This is correct because § 300 requires the certificate to state (a) the rank and serial number of the officer taking the acknowledgment or proof and the command to which the officer is attached, and (b) that the person making it was at that time enlisted or commissioned in or serving in or with the armed forces, the dependent of such a person, or a person attached to or accompanying the armed forces. Section 300 also requires the serial number of the relevant service member in the circumstance described in clause (c).

No separate authentication certificate is required for the officer's acknowledgment under § 300.

Acknowledgments under § 300 are valid regardless of location, not limited to U.S. consular officer jurisdiction.

Explanation

Under § 300, an acknowledgment or proof of a conveyance of real property in this state made by a person in or with the armed forces, a dependent of such person, or a person attached to or accompanying the armed forces may be taken before an active-service armed forces officer authorized to act as a notary. In addition to the requirements of §§ 303, 304, and 306, the certificate must state: (a) the rank and serial number of the officer and the command to which the officer is attached, (b) that the person making the acknowledgment or proof was, at that time, in one of the qualifying military-related categories, and (c) the serial number of the person who makes, or whose dependent makes, the acknowledgment or proof if that person is enlisted or commissioned in the armed forces. The place need not be disclosed, and no authentication of the officer’s certificate is required. — § 300. Acknowledgments and proofs by persons in or with the armed forces of the United States

Memory Aid

RSC: Rank, Status, Code number — the certificate must give the officer’s Rank, the signer’s qualifying Status, and the service member’s serial Code number.

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