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16-47-107. Forms for acknowledgment.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-47-107. Forms for acknowledgment.
(a) For all deeds, conveyances, deeds of trust, mortgages, and other instruments in writing affecting or purporting to affect the title of any real estate situated in this state and executed by corporations, business trusts, estates, partnerships, limited liability companies, associations, joint ventures, or any other legal entities, the following form is deemed to be a valid acknowledgment and sufficient for recordation or entry into evidence under § 18-12-202:
“State of County of On this day of , 20 , before me, , a Notary Public, (or before any officer within this State or without the State now qualified under existing law to take acknowledgments), duly commissioned, qualified and acting, within and for said County and State, appeared in person the within named and , (being the person or persons authorized by said corporation, [business trust, estate, partnership, limited liability company, association, joint venture, or other legal entity] to execute such instrument, stating their respective capacities in that behalf), to me personally well known (or satisfactorily proven to be such person), who stated that [he, she, or they] was [were] the [and ] of the , a corporation [business trust, estate, partnership, limited liability company, association, joint venture, or other legal entity], and was [were] duly authorized in [his, her, or their] respective capacity [capacities] to execute the foregoing instrument(s) for and in the name and behalf of said corporation [business trust, estate, partnership, limited liability company, association, joint venture or other legal entity], and further stated and acknowledged that [he, she, or they] had so signed, executed, and delivered said foregoing instrument for the considerat
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-47-107
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:16-47-107
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: e7c95a87a74fc55076a734f6e540f8811524a145e03b033c7e6fe50961f7ae33
Source location: content.xml paragraph 18894
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16-47-107. Forms for acknowledgment.
(a) For all deeds, conveyances, deeds of trust, mortgages, and other instruments in writing affecting or purporting to affect the title of any real estate situated in this state and executed by corporations, business trusts, estates, partnerships, limited liability companies, associations, joint ventures, or any other legal entities, the following form is deemed to be a valid acknowledgment and sufficient for recordation or entry into evidence under § 18-12-202:
“State of County of On this day of , 20 , before me, , a Notary Public, (or before any officer within this State or without the State now qualified under existing law to take acknowledgments), duly commissioned, qualified and acting, within and for said County and State, appeared in person the within named and , (being the person or persons authorized by said corporation, [business trust, estate, partnership, limited liability company, association, joint venture, or other legal entity] to execute such instrument, stating their respective capacities in that behalf), to me personally well known (or satisfactorily proven to be such person), who stated that [he, she, or they] was [were] the [and ] of the , a corporation [business trust, estate, partnership, limited liability company, association, joint venture, or other legal entity], and was [were] duly authorized in [his, her, or their] respective capacity [capacities] to execute the foregoing instrument(s) for and in the name and behalf of said corporation [business trust, estate, partnership, limited liability company, association, joint venture or other legal entity], and further stated and acknowledged that [he, she, or they] had so signed, executed, and delivered said foregoing instrument for the consideration, uses, and purposes therein mentioned and set forth. “IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this day of , 20 . (Notary Public)”
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(b) For all deeds, conveyances, deeds of trust, mortgages, and other instruments in writing affecting or purporting to affect the title of any real estate situated in this state and executed by individuals, the following form is deemed to be a valid acknowledgment and sufficient for recordation or entry into evidence under § 18-12-202:
“State of County of On this day of , 20 , before me, , a Notary Public, (or before any officer within this State or without the State now qualified under existing law to take acknowledgments), appeared the within named [and ], to me personally well known (or satisfactorily proven to be such person), who stated and acknowledged that [he, she, or they] had so signed, executed and delivered said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. “IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this day of , 20 . (Notary Public)”
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(c) For all deeds, conveyances, deeds of trust, mortgages, and other instruments in writing affecting or purporting to affect the title of any real estate situated in this state and executed by attorneys in fact, the following form is deemed to be a valid acknowledgment and sufficient for recordation or entry into evidence under § 18-12-202:
“State of County of On this the day of , 20 , before me, , the undersigned officer, personally appeared , known to me (or satisfactorily proven) to be the person whose name is subscribed as attorney in fact for , and acknowledged that [he or she] executed the same as the act of [his or her] principal for the consideration, uses, and purposes therein contained. IN TESTIMONY WHEREOF I hereunto set my hand and official seal. Title of Officer.”
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(d) All deeds or instruments affecting or purporting to affect the title to land executed in the above and foregoing form listed in subsection (a), (b), or (c) of this section as applicable, shall be good and sufficient.
(e) The bracketed language listed in subsections (a), (b), and (c) above, suggests alternate language and is not required to be in an acknowledgment when the alternate language is not applicable.
(f) The use of the present or past tense in the form of acknowledgment shall not affect the validity of the acknowledgement.
(g) The heading of the acknowledgment may list either:
(1) The county where the officer executing the acknowledgment resides; or
(2) The county where the acknowledgment occurred.
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Arkansas Code — all titles (historical 2020) · legal_authorities
18-12-202. Forms of acknowledgments — Validity — Acknowledgments of married persons.
(a)(1) Either the forms of acknowledgments now in use in this state or any other forms may be used in the case of all deeds and other instruments in writing for the conveyance of real or personal property which:
(A) Specify, in the caption or otherwise, the state and county or other place where the acknowledgment is taken;
(B) Set out the name of the person acknowledging and, in instances in which he or she acknowledges otherwise than in his or her own right, the name of the person, association, or corporation for which he or she acknowledges; and
(C) Recite in substance or the equivalent that the execution of the instrument was acknowledged by the person so named as acknowledging, or any other form of acknowledgment provided by law.
(2) These forms may also be used when the property is to be affected in law or equity and also in any other case in which such an acknowledgment is for any purpose required or authorized by law.
(3) An acknowledgment in any of these forms shall be sufficient to entitle the instrument to be recorded and to be read in evidence.
(b) The acknowledgment of a married person, both as to the disposition of his or her own property and as to the relinquishment of dower, curtesy, and homestead in the property of a spouse, may be made in the same form as if that person were sole and without any examination separate and apart from a spouse, and without necessity for a specific reference therein to the interest so conveyed or relinquished.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-12-202
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 18-12-202. This identifies an authority to review, not proof of applicability.