55-707A ACKNOWLEDGMENT BY ENTITY ON BEHALF OF ANOTHER ENTITY.
PROPERTY IN GENERAL
CHAPTER 7
ACKNOWLEDGMENTS
55-707A. 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 which is the party executing an instrument and the party, or one (1) 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 which 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 which 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 which 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 which is a partnership, acting through a constituent entity which 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 .............