1. MCA Contents
  2. TITLE 70
  3. CHAPTER 21
  4. Part 2
  5. 70-21-203 Acknowledgment of instruments required -- exceptions

TITLE 70. PROPERTY

CHAPTER 21. RECORDING TRANSFERS AND OTHER TRANSACTIONS RELATING TO REAL PROPERTY

Part 2. Recording -- Procedure

Acknowledgment Of Instruments Required -- Exceptions

70-21-203. Acknowledgment of instruments required -- exceptions. Unless an instrument belongs to a class provided for in either 70-21-205 or 70-21-207, before the instrument can be recorded, its execution must be acknowledged as provided in subsection (1) or proved as provided in subsection (2).

(1) Execution of the instrument must be acknowledged, as acknowledgment is defined in 1-5-602:

(a) by the person executing it; or

(b) if executed by a corporation, by 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.

(2) Execution of the instrument must be proved by a subscribing witness or as provided in 1-5-302 and 1-5-303. Proof of execution as provided for in this subsection must be notarized as provided in Title 1, chapter 5.

History: En. Sec. 1573, Civ. C. 1895; re-en. Sec. 4646, Rev. C. 1907; re-en. Sec. 6893, R.C.M. 1921; Cal. Civ. C. Sec. 1161; Based on Field Civ. C. Sec. 509; amd. Sec. 1, Ch. 16, L. 1931; re-en. Sec. 6893, R.C.M. 1935; amd. Sec. 1, Ch. 170, L. 1937; R.C.M. 1947, 73-105; amd. Sec. 21, Ch. 192, L. 1993; amd. Sec. 89, Ch. 51, L. 1999.