558.26  Acknowledgments by military or naval officers.

In addition to the acknowledgment of instruments in the manner and form and as otherwise authorized by law, any person serving in or with the armed forces of the United States may acknowledge the same wherever located before any commissioned officer in active service of the armed forces of the United States with the rank of second lieutenant or higher in the army or marine corps, or ensign or higher in the navy or United States coast guard. Neither the instrument nor the acknowledgment shall be rendered invalid by the failure to state therein the place of execution or acknowledgment. No authentication of the officer's certificate of acknowledgment shall be required, but the officer taking the acknowledgment shall endorse thereon or attach thereto a certificate substantially in the following form:

 

On this the . . . . day of . . . . . . (month), . . . (year), before me, . . . . . . , the undersigned commissioned officer, personally appeared . . . . . . , known to me (or satisfactorily proven) to be serving in or with the armed forces of the United States and to be the person whose name is subscribed to the within instrument and acknowledged that . . . . . . that person . . . . executed the same as . . . . voluntary act and deed.

         . . . . . . . . .                                                                                                                                Signature of officer.                                                                                                              . . . . . . . . .                                                                                                                                Rank of officer and command                                                                                                        to which attached.

 

Such acknowledgments executed according to the above provisions shall be deemed of the same force and effect as acknowledgments executed before officers authorized to accept acknowledgments.

Any acknowledgments made before March 30, 1943, by any person serving in or with the armed forces of the United States in the manner as prescribed by this section, or substantially so, are hereby legalized and considered sufficient.

Section History: Early form

  [C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 558.26]

Section History: Recent form

  2000 Acts, ch 1058, §56


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