PART V.  ACKNOWLEDGMENTS; PROOF OF INSTRUMENTS

Note

  Sections 502-41 to 502-54 designated as Part V and part heading amended by L 2009, c 102, §2(6).

     §502-41  Certificate of acknowledgment; natural persons, corporations.  Except as otherwise provided by law, to entitle any conveyance or other instrument to be recorded, there shall be endorsed, subjoined, or attached thereto an acknowledgment in the form provided or authorized in section 502-42, 502-43, or 502-45, or in substantially the following form:

     (Begin in all cases by a caption specifying the state or territory and the place where the acknowledgment is taken.)

     1.  In the case of natural persons acting in their own right:

     On ............(insert date), before me personally appeared A.B. (or A.B. and C.D.), to me known to be the person or persons described in and who executed the foregoing instrument, and acknowledged that the person or persons executed the same as the person's or persons' free act and deed.

     2.  In the case of natural persons acting by attorney:

     On ............(insert date), before me personally appeared A.B., to me known to be the person who executed the foregoing instrument in behalf of C.D. and acknowledged that the person executed the same as the free act and deed of said C.D.

     3.  In the case of corporations or partnerships:

     On ............(insert date), before me appeared A.B., to me personally known, who, being by me duly sworn (or affirmed), did say that the person is the president (or other officer, partner, or agent of the corporation, or partnership) of (describing the corporation or partnership), and that the instrument was signed in behalf of the corporation (or partnership) by authority of its board of directors (partners or trustees), and A.B. acknowledged the instrument to be the free act and deed of the corporation (or partnership).

     4.  In the case of a corporation acknowledging by an individual as its attorney, where the enabling power of attorney has previously been recorded, the acknowledgment of the instrument executed under the power of attorney shall be substantially in the following form:

     On ............(insert date), before me personally appeared A.B., to me personally known, who being by me duly sworn (or affirmed), did say that the person is the attorney-in-fact of C.D. (here name the corporation) duly appointed under power of attorney dated ............, recorded in book...., at page..../as document no. ....; and that the foregoing instrument was executed in the name and behalf of said C.D. by A.B. as its attorney-in-fact; and A.B. acknowledged the instrument to be the free act and deed of C.D.

     In case the enabling power of attorney has not previously been recorded, omit the reference to its place of record and insert in lieu thereof the words "which power of attorney is now in full force and effect".

     5.  In the case of a corporation acknowledging by another corporation as its attorney, where the enabling power of attorney has previously been recorded, the acknowledgment of the instrument executed under the power of attorney shall be substantially in the following form:

     On ............(insert date), before me personally appeared A.B., to me personally known, who, being by me duly sworn (or affirmed), did say that the person is the president (or other officer or agent of the corporation acting as attorney) of C.D. (here name the corporation acting as attorney) and that C.D. is the attorney-in-fact of E.F. (here name the corporation in whose behalf the attorney is acting) duly appointed under power of attorney dated ............, recorded in book...., at page..../as document no. ....; that the foregoing instrument was executed in the name and behalf of E.F. by C.D. as its attorney-in-fact; that the instrument was so executed by C.D. by authority of its board of directors; and A.B. acknowledged the instrument to be the free act and deed of E.F.

     In case the enabling power of attorney has not previously been recorded, omit the reference to its place of record and insert in lieu thereof the words "which power of attorney is now in full force and effect".

     6.  The following form may be used in lieu of any of the foregoing forms:

     On ............(insert date), before me personally appeared A.B. (or A.B. and C.D.), to me personally known, who, being by me duly sworn (or affirmed), did say that such person executed the foregoing instrument as the free act and deed of such person, and if applicable in the capacity shown, having been duly authorized to execute such instrument in such capacity.

     In all cases add signature and title of the officer taking the acknowledgment. [L 1909, c 69, §1; am L 1919, c 30, §1; am L 1923, c 85, §§1, 2; RL 1925, §3146; RL 1935, §5133; am L 1943, c 197, §1; RL 1945, §12733; am L 1945, c 84, §1; RL 1955, §343-25; HRS §502-41; am L 1992, c 197, §10; am L 2006, c 38, §18; am L 2009, c 102, §2(16)]

Case Notes

  As between parties acknowledgment and registry of conveyance not necessary.  2 H. 161, 163 (1859); 17 H. 56, 58 (1905); 49 H. 62, 73, 412 P.2d 326 (1966).

  Title to land is conveyed by delivery of deed without registry thereof or entry by grantee.  4 H. 674 (1873).

  Where instrument not entitled to be recorded, recording treated as nullity.  6 H. 538, 541 (single justice) (1884); 15 H. 570, 576 (1904).

  Except as otherwise provided, both acknowledgment and certificate thereof requisite to recording.  15 H. 570, 572 (1904).

  Presumption of regularity raised by acknowledgment.  25 H. 470, 473 (1920); 49 H. 62, 73, 412 P.2d 326 (1966).

  Acknowledgment containing clerical error in name of party acknowledging held valid.  50 H. 304, 440 P.2d 262 (1968).