Chapter 33

COL12010621GCA REAL PROPERTY CH.33PROOF AND ACKNOW LEDGEMENT OF IN STRUMENTS 1CHAPTER 33 PROOF AND ACKNOWLEDGMENTS OF INSTRUMENTS § 33101. Parties Qualified to Take Acknowledgment. § 33102. Same, Individual parties Generally. Governor's Certificate. § 33103. Taken Outside of Territory. § 33104. Proof, Foreign Countries. § 33105. Deputies Authorized. § 33106. Acknowledgments Generally. § 33107. Married Woman's Conveyance. § 33108. Certificate Endorsed. § 33109. Form For Out of Guam. § 33110. Form, Corporation. § 33111. Form, Attorney -In-Fact. § 33112. Signatures of Officers. § 33113. Justices' Authority, Certain Cases. § 33114. Proof Execution. § 33115. Witness Personally Known. § 33116. Evidence, Witness. § 33117. Handwriting Generally. § 33118. Proving Handwriting. § 33119. Certificate. § 33120. Officers Generally. § 33121. Improper Certificate, Correction. § 33122. Instruments, How Proved. § 33123. Judgment. § 33124. Conveyances Governed, How. § 33125. Recording, Existing Laws. CROSS -REFERENCE : For the latest law on Notaries Public and their power to take acknowledgments, see 5 GCA Chapter 33.S § 33101. Parties Qualified to Take Acknowledgment.

. Recording, Existing Laws. CROSS -REFERENCE : For the latest law on Notaries Public and their power to take acknowledgments, see 5 GCA Chapter 33.S § 33101. Parties Qualified to Take Acknowledgment. The proof or acknowledgment of an instrument may be made at any place within Guam, before the Judge of the District Court, or a judge of the Superior Court. SOURCE: CC '1180. AIsland@Court c hanged to Superior Court and reference to Police Court deleted pursuant to P.L. 12 -85.COL12010621GCA REAL PROPERTY CH.33PROOF AND ACKNOW LEDGEMENT OF IN STRUMENTS 2§ 33102. Same, Individual Parties Generally. Governor's Certifi cate. The proof or acknowledgment of an instrument may also be made in Guam before either: (a) The Direc tor of Land Management or the Director of Administration. (b) The clerk of any court. (c) Notary Public. (d) Any other person authorized by the Governor of Guam. Provided, that the acknowledgments of deeds or other instru ments affecting land situated in t he District of Columbia, or any territory of the United States, may be acknowledged in Guam before any Notary Public or judge appointed therein by proper authority or by any officer therein who has ex officio the

f Columbia, or any territory of the United States, may be acknowledged in Guam before any Notary Public or judge appointed therein by proper authority or by any officer therein who has ex officio the powers of a Notary Public; provided, that t he certificate of said Notary shall be accompa nied by the certificate of the Governor or acting Governor to the effect that the Notary taking such acknowledgment was in fact the officer he purported to be. SOURCE: CC '1181. CROSS -REFERENCES: The law relat ing to Notaries Public is found in 5 GCA Chapter 33. § 33103. Taken Outside of Territory. The proof or acknowl edgment of an instrument may be made outside of the Territory of Guam, but within the United States, and within the jurisdiction of the officer, before either: (a) A justice, judge, or clerk of any court of record of the United States; or, (b) A justice, judge, or clerk of any court of record of any state; or, (c) A Notary Public; or, (d) Any other officer of the state where the acknowledgment is made authorized by its laws to take such proof or acknowledg ment. SOURCE: CC '1182. § 33104. Proof, Foreign Countries.

tary Public; or, (d) Any other officer of the state where the acknowledgment is made authorized by its laws to take such proof or acknowledg ment. SOURCE: CC '1182. § 33104. Proof, Foreign Countries. The proof or acknowledg ment of an instrument may be made without the United States, before either:COL12010621GCA REAL PROPERTY CH.33PROOF AND ACKNOW LEDGEMENT OF IN STRUMENTS 3(a) A minister, commissioner, or cha rge d'affaires of the United State s, resident an accredited in the country where the proof or acknowledgment is made; or, (b) A consul, vice consul, or consular agent of the United States, resident in the country where the proof or acknowledg ment is made; or, (c) A judge of a court of record of the country where the proof or acknowledgment is made; or, (d) Commissioners appointed for such purposes by the Governor of Guam, pursuant to special statutes; or, (e) A Notary Public. SOURCE: CC '1183. § 33105. Dep uties Authorized. When any of the officers mentioned in the four preceding sections are authorized by law to appoint a deputy, the acknowledgment or proof m ay be taken by such deputy, in the name of his principal. SOURCE: CC '1184. § 33106. Acknowledgments Generally.

eding sections are authorized by law to appoint a deputy, the acknowledgment or proof m ay be taken by such deputy, in the name of his principal. SOURCE: CC '1184. § 33106. Acknowledgments Generally. The acknowledgment of an instrument must not be taken, unless the officer taking it knows or has satisfactory evidence, on the oath or affirmation of a credible witness, that the person making such acknowledgment is the individ ual who is descr ibed in and who executed the instrument; or, if executed by a corporation, that the person making such acknowledg ment is the president or secretary of such corporation, or other person who executed it on its behalf. SOURCE: CC '1185. § 33107. Married Wom an's Conveyance. A conveyance by a married woman has the same effect as if she were unmarried, and may be acknowledged in the same manner. SOURCE: CC '1186. § 33108. Certificate Endorsed. An officer taking the acknowl edgment of an instrument must endorse thereon or attach thereto a certificate substantially in the forms hereinafter prescribed.COL12010621GCA REAL PROPERTY CH.33PROOF AND ACKNOW LEDGEMENT OF IN STRUMENTS 4SOURCE: CC '1188. § 33109. Form For Out of Guam.

thereto a certificate substantially in the forms hereinafter prescribed.COL12010621GCA REAL PROPERTY CH.33PROOF AND ACKNOW LEDGEMENT OF IN STRUMENTS 4SOURCE: CC '1188. § 33109. Form For Out of Guam. The certificate of acknowl edgment, unless it is otherwise in this Article provided, must be substantially in the fo llowing form: Territory of Guam On this______day of__________, in the year________, before me (here insert name and quality of the officer), personally appeared _________________, known to me (or proved to me on the oath of ______________________) to be t he person whose name is subscribed to the within instrument, and acknowledged that he (she or they) executed the same; provided, however, that any acknowledgment taken without this territory in accordance with the laws of the place where the acknowledgment is made, shall be sufficient in Guam. SOURCE: CC '1189 as amended by P.L. 10 -184. § 33110. Form, Corporation. The certificate of acknowledg ment of an instrument executed by a corporation must be substan tially in the following form: Territory of Guam On this ___________ day of ____________, in the year_________, before me (here insert the name and quality of the

uted by a corporation must be substan tially in the following form: Territory of Guam On this ___________ day of ____________, in the year_________, before me (here insert the name and quality of the officer), personally appeared ______________, known to me (or proved to me on the oath of ________________) to be the president or the secretary of the corporation that executed the within instrument (where, however, the instrument is executed on behalf of the corporation by some one other than the presi dent or secretary insert: known to me or proved to me on the oath of _______________) to be the person who executed the within instrument on behalf of the corporation therein named and acknowledged to me that such corporation executed the same. SOURCE: CC '1190. § 33111. Form, Attorney -in-Fact. The certificate of acknowl edgment by an attorney -in-fact, must be substantially in the following form: Territory of GuamCOL12010621GCA REAL PROPERTY CH.33PROOF AND ACKNOW LEDGEMENT OF IN STRUMENTS 5On this _____ day of __________, in the year_____, before me (here insert the name and quality of the officer), personally appeared ____________, known to me (or proved to me on the oath o f

RUMENTS 5On this _____ day of __________, in the year_____, before me (here insert the name and quality of the officer), personally appeared ____________, known to me (or proved to me on the oath o f _____________________) to be the person whose name is subscribed to the within instrument as the attorney in fact of ________________, and acknowledged to me that he subscribed the name of _________________ thereto as principal, and his own name as att orney -in-fact. SOURCE: CC '1191. § 33112. Signatures of Officers. Officers taking and certifying acknowledgments, or proof of instruments for record, must authenti cate their certificates by affixing thereto their signatures, followed by the names of the ir offices; also, their seals of office, if by the laws of Guam they are required to have official seals. SOURCE: CC '1193. § 33113. Justices' Authority, Certain Cases. The certificate of proof or acknowledgment, if made before a justice of any state of th e United States, must be accompanied by a certificate under the hand and seal of the clerk of the county in which the justice resides, setting forth that such justice, at the time of taking such proof or acknowledgment, was

accompanied by a certificate under the hand and seal of the clerk of the county in which the justice resides, setting forth that such justice, at the time of taking such proof or acknowledgment, was authorized to take the same, and that the clerk is acquainted with his handwriting, and believes that the signature to the original certificate is genuine. SOURCE: CC '1194. § 33114. Proof Execution. Proof of the execution of an instrument, when not acknowledged, may be made either: (a) By the parties executing it, or either of them; or, (b) By a subscribing witness; or, (c) By other witnesses in cases mentioned in § 33117. SOURCE: CC '1195. § 33115. Witness Personally Known. If bya subscribing witness, such witness must be personally kn own to the officer taking the proof to be the person whose name is subscribed to the COL12010621GCA REAL PROPERTY CH.33PROOF AND ACKNOW LEDGEMENT OF IN STRUMENTS 6instru ment as a witness, or must be proved to be such by the oath of a credible witness. SOURCE: CC '1196. § 33116. Evidence, Witness. The subscribing witness must prove that the person whose name is subscribed to the instrument as a party is the person described in it, and that such person

RCE: CC '1196. § 33116. Evidence, Witness. The subscribing witness must prove that the person whose name is subscribed to the instrument as a party is the person described in it, and that such person executed it, and that the witness subscribed his name thereto as a witness. SOURCE: CC '1197. § 33117. Handwriting Generally. The exec ution of an instrument may be established by proof of the handwriting of the party and of a subscribing witness, if there is one, in the following cases: (a) When the parties and all the subscribing witnesses are dead; or, (b) When the parties and all the subscribing witnesses are nonre sidents of Guam; or, (c) When the place of their residence is unknown to the party desiring the proof, and cannot be ascertained by the exercise of due diligence; or, (d) When the subscribing witness conceals himself, or cann ot be found bythe officer by the exercise of due diligence in attempting to serve the subpoena or attachment; or, (e) In case of the continued failure or refusal of the witness to testify, for the space of one hour, after his appearance. SOURCE: CC '1198. § 33118. Proving Handwriting.

subpoena or attachment; or, (e) In case of the continued failure or refusal of the witness to testify, for the space of one hour, after his appearance. SOURCE: CC '1198. § 33118. Proving Handwriting. The evidence taken under the preceding section must satisfactorily prove to the officer the following facts: (a) The existence of one or more of the conditions men tioned therein; and, (b) That the witness testifying knew the person whose name purports to be subscribed to the instrument as a party, and is well acquainted with his signature, and that it is genuine; and,COL12010621GCA REAL PROPERTY CH.33PROOF AND ACKNOW LEDGEMENT OF IN STRUMENTS 7(c) That the witness testifying personally knew the person who subscribed the instrument as a witness, and is well ac quainted with his signature, and that it is genuine; and, (d) The place of residence of the witness. SOURCE: CC '1199. § 33119. Certificate. An officer taking proof of the execution of any instrument must, in his certificate endorsed thereon or at tached thereto, set forth all the matters required by law to be done or known by him, or proved before him on the proceeding, together with the names of all the witnesses examined

orsed thereon or at tached thereto, set forth all the matters required by law to be done or known by him, or proved before him on the proceeding, together with the names of all the witnesses examined before him, their places of residence respectively, and the substance of the ir testimony. SOURCE: CC '1200. § 33120. Officers Generally. Judicial officers authorized to take the proof of instruments are authorized in such proceedings: (a) To administer oaths or affirmations, as prescribed in 6 GCA § 3203; (b) To employ and swear i nterpreters; (c) To issue subpoenas, as prescribed in 6 GCA '7201; (d) To punish for contempt, as prescribed in 6 GCA '7204, '7206, and '7207. The civil damages and forfeitures to the party aggrieved are pre scribed in 6 GCA '7203. SOURCE: CC '1201. § 33121 . Improper Certificate, Correction. When the acknowledgment or proof of the execution of an instrument is properly made, but defectively certified, any party intereste d may have an action in the Superior Court to obtain a judgment correcting the certificat e. SOURCE: CC '1202. AIsland@changed to Superior Court pursuant to P.L. 12 -85. § 33122.

any party intereste d may have an action in the Superior Court to obtain a judgment correcting the certificat e. SOURCE: CC '1202. AIsland@changed to Superior Court pursuant to P.L. 12 -85. § 33122. Instruments, How Proved.COL12010621GCA REAL PROPERTY CH.33PROOF AND ACKNOW LEDGEMENT OF IN STRUMENTS 8Any person interested under an instrument entitled to be proved for record, may institute an action in the Superior Court against the proper parties to obtain a judgment proving such instrument. SOURCE: CC '1203. ADistrict@changed to Superior Court pursuant to P.L. 12 -85. § 33123. Judgment. A certified copy of the judgment in a proceeding instituted unde r either of the two preceding sections, showing the proof of the instrument, and attached thereto, entitles such instrument to record, with like effect as if acknowledged. SOURCE: CC '1204. § 33124. Conveyances Governed, How. The legality of the execution, acknowledgment, proof, form, or record of any conveyance or other instrument made before this Code goes into effect, executed, acknowledged, proved or recorded is not affected by anything contained in this Chapter, but depends for its validity and legality upon the laws in force

e before this Code goes into effect, executed, acknowledged, proved or recorded is not affected by anything contained in this Chapter, but depends for its validity and legality upon the laws in force when the act wa s performed. SOURCE: CC '1205. § 33125. Recording, Existing Laws. All conveyances of real property made before this Code goes into effect, and acknowledged, or proved according to the laws in force to the time of such making and acknowledgment or proof, ha ve the same force as evidence, and may be recorded in the same manner and with the like effect, as conveyances executed and acknowledged in pursuance of this Chapter. SOURCE: CC '1206. COMMENT: Code , as used in this Section, refers to the original enactmen t of the Civil Code of Guam, which occurred under the Organic Act in 1952 and earlier under the Naval Government of Guam ----------COL120106