Chapter 35

COL12010621GCA REAL PROPERTY CH.35UNIFORM RECOGNITION OF ACKNOW LEDGEMENTS ACT 1CHAPTER 35 UNIFORM RECOGNITION OF ACKNOWLEDGMENTS ACT § 35101. Recognition of Notarial Acts Performed Outside Guam. § 35102. Authentication of Authority of Officer. § 35103. Certificate of Person Taking Acknowledgment. § 35104. Recognition of Certificate of Acknowledgment. § 35105. Certificate of Acknowledgment. § 35106. Short Forms of Acknowledgment. § 35107. Acknowledgments Not Affected by This Chapter. § 35108. Uniformity of Interpretation. § 35109. Short Title. § 35101. Recognition of Notarial Acts Pe rformed Outside Guam. For the purposes of this Chapter, notarial acts means acts which the laws and regulations of Guam authorize Notaries Public of Guam to perform, including the administering of oaths and affirmations, taking proof of execution and ackno wledgments of instruments, and attesting documents. Notarial acts may be performed outside Guam for use in Guam with the same effect as if performed by a Notary Public of Guam by the following persons, authorized pursuant to the laws and regulations of oth er governments, in addition to any other person authorized by the laws and regulations of

d by a Notary Public of Guam by the following persons, authorized pursuant to the laws and regulations of oth er governments, in addition to any other person authorized by the laws and regulations of Guam: (a) a Notary Public authorized to perform notarial acts in the pace in which the act is performed; (b) a judge, clerk, or deputy clerk of any court of record in the place in which the notarial act is performed; (c) an officer of the foreign service of the United States, a consular agent, or any other person authorized by regulation of the United States Department of State to perform notarial acts in the place in which the act is performed; (d) a commissioned officer in active service with the Armed Forces of the United States and any other person authorized by regulation of the Armed Forces to perform notarial acts if the notarial act is performed for one of the f ollowing or his dependents: a merchant seaman of the United States, a member of the Armed Forces of the United States, or any other COL12010621GCA REAL PROPERTY CH.35UNIFORM RECOGNITION OF ACKNOW LEDGEMENTS ACT 2person serving with or accompanying the Armed Forces of the United States; or (e) any other person

States, or any other COL12010621GCA REAL PROPERTY CH.35UNIFORM RECOGNITION OF ACKNOW LEDGEMENTS ACT 2person serving with or accompanying the Armed Forces of the United States; or (e) any other person authorized to perform not arial acts in the place in which the act is performed. SOURCE: CC '1208 enacted by P.L. 10 -184. CROSS -REFERENCES: The laws governing Notaries Public on Guam are found i n 5 GCA Chapter 33. § 35102. Authentication of Authority of Officer. (a) if the notarial act is performed by any of the persons described in paragraphs (a) to (d), inclusive, of § 35101, other than a person authorized to perform notarial acts by the laws or regulations of a foreign country, the signature, rank, or title and serial number, if any, of the person are sufficient proof of the authority of a holder of that rank or title to perform the act. Further proof of his authority is not required. (b) If the notarial act is performed by a person authorized by the laws or regulations of a forei gn country to perform the act, there is sufficient proof of the authority of that person to act if: (1) either a foreign service officer of the United States resident in the country in which the act is

country to perform the act, there is sufficient proof of the authority of that person to act if: (1) either a foreign service officer of the United States resident in the country in which the act is performed or a diplomatic or consular officer of the f oreign country resident in the United States certifie s that a person holding that office is authorized to perform the act; (2) the official seal of the person performing the notarial act is affixed to the document; or (3) the title and indication of author ity to perform notarial acts of the person appear either in a digest of foreign law or in a list customarily used as a source of such information. (c) If the notarial act is performed by a person other than one desc ribed in subsections (a) and (b), there i s sufficient proof of the authority of that person to act if the clerk of the court of record in the place in which the notarial act is performed certifies to the official character of that person and to his authority to perform the notarial act. (d) The s ignature and title of the person performing the act are prima facie evidence that he is a person with the designated title and that the signature is genuine.

ty to perform the notarial act. (d) The s ignature and title of the person performing the act are prima facie evidence that he is a person with the designated title and that the signature is genuine. SOURCE: CC '1209 enacted by P.L. 10 -184.COL12010621GCA REAL PROPERTY CH.35UNIFORM RECOGNITION OF ACKNOW LEDGEMENTS ACT 3§ 35103. Certificate of Person Taking Acknowledg ment. The person taking an acknowledgment shall certify that: (a) the person acknowledging appeared before him and acknowledged he executed the instrument; and (b) the person acknowledging was known to the person taking the acknowledgment or that the person taking the acknowledgment had satisfactory evidence that the person acknowledging was the person described in and who executed the instrument. SOURCE: CC '1210 enacted by P.L. 10 -184. § 35104. Recognition of Certificate of Acknowledgment. The form of a certifica teof acknowledgment used by a person whose authority is recognized under § 35102 shall be accepted in Guam if: (a) the certificate is in a form prescribed by the laws or regulations of Guam; (b) the certificate is in a form prescribed by the laws or regul ations applicable in the place in which the

n Guam if: (a) the certificate is in a form prescribed by the laws or regulations of Guam; (b) the certificate is in a form prescribed by the laws or regul ations applicable in the place in which the acknowledgment is taken; or (c) the certificate contains the words acknowledged before me, or their substantial equivalent. SOURCE: CC '1211 enacted by P.L. 10 -184. § 35105. Certificate of Acknowledgment. The wo rds acknowledged before me mean (a) that the person acknowledging appeared before the person taking the acknowledgment, (b) that he acknowledged he executed the instrument, (c) that, in the case of: (1) a natural person, he executed the instrument for the purposes therein stated; (2) a corporation, the officer or agent acknowledged he held the position or title set forth in the instrument and certificate, he signed the instrument on behalf of the corporation by proper authority, and the instrument was the a ct of the corporation for the purposes therein stated;COL12010621GCA REAL PROPERTY CH.35UNIFORM RECOGNITION OF ACKNOW LEDGEMENTS ACT 4(3) a partnership, the partner or agent acknowledged he signed the instrument on behalf of the partnership by proper authority and he

REAL PROPERTY CH.35UNIFORM RECOGNITION OF ACKNOW LEDGEMENTS ACT 4(3) a partnership, the partner or agent acknowledged he signed the instrument on behalf of the partnership by proper authority and he executed the instrument as the act of the partnership for the purpo ses therein stated: (4) a person acknowledging as principal by an attorney in fact, he executed the instrument by proper authority as the act of the principal for the purposes therein stated; (5) a person acknowledging as a public office trustee, administr ator, guardian, or other representative, he signed the instrument by proper authority and he executed the instrument in the capacity and for the purposes therein stated; and (d) that the person taking the acknowledgment either knew or had satisfactory evid ence that the person acknowledging was the person named in the instrument or certificate. SOURCE: CC '1212 enacted by P.L. 10 -184. § 35106. Short Forms of Acknowledgment. The forms of acknowledgment set forth in this section may beused and are sufficient for their respective purposes under any law of Guam. The forms shall be known as AStatutory Short Forms of Acknowledgment @and may be referred to by that name.

s section may beused and are sufficient for their respective purposes under any law of Guam. The forms shall be known as AStatutory Short Forms of Acknowledgment @and may be referred to by that name. The authorization of the forms in this section does not preclude the use of other forms. (a) For an individual acting in his own right: Territory of Guam Municipality of The foregoing instrument was acknowledged before me this (date) by (name of person acknowledged.) (Signature of Person Taking Acknowledgment) (Title or Rank) (Serial Number, if any) (b) For a corporation: Territory of Guam Municipality of The foregoing instrument was acknowledged before me this (date) by (name of officer or agent, title of officer or agent) of (name of corporation acknowledging) a (state or place of incorporation) corporation, on behalf of the corporation.COL12010621GCA REAL PROPERTY CH.35UNIFORM RECOGNITION OF ACKNOW LEDGEMENTS ACT 5(Signature of Person Taking Acknowledgment) (Title or Rank) (Serial Number, if any) (c) For a partnership: Territory of Guam Municipality of The foregoing instrument was acknowledged before me this (date) by (name of acknowledging partner or agent), partner (or agent), on

r, if any) (c) For a partnership: Territory of Guam Municipality of The foregoing instrument was acknowledged before me this (date) by (name of acknowledging partner or agent), partner (or agent), on behalf of (name of partnership), a partnership. (Signature of Person Taking Acknowledgment) (Title or Rank) (Serial Number, if any) (d) For an individual acting as principal by an attorney in fact: Territory of Guam Municipality of ________ The foregoing instrument was acknowledged before me this (date) by (Name of attorney in fact) as attorney in fact on behalf of (name of principal). (Signature of Person Taking Acknowledgment) (Title or Rank) (Seria l Number, if any) (e) By any public officer, trustee, or personal representative: Territory of Guam Municipality of The foregoing instrument was acknowledged before me this (date) by (name and title of position). (Signature of Persons Taking Acknowledgment ) (Title or Rank) (Serial Number, if any) SOURCE: CC '1212.1 enacted by P.L. 10 -184. § 35107. Acknowledgments Not Affected by This Chapter. A notarial act performed prior to the effective date of this Chapter is not affected by this Chapter.

OURCE: CC '1212.1 enacted by P.L. 10 -184. § 35107. Acknowledgments Not Affected by This Chapter. A notarial act performed prior to the effective date of this Chapter is not affected by this Chapter. This Chapter p rovides an additional method of proving notarial acts. Nothing in this diminishes or invalidates the recognition accorded to notarial acts by other laws or regulations of Guam. SOURCE: CC '1212.2 enacted by P.L. 10 -184.COL12010621GCA REAL PROPERTY CH.35UNIFORM RECOGNITION OF ACKNOW LEDGEMENTS ACT 6§ 35108. Uniformity of Interpretatio n. This Chapter shall be so interpreted as to make uniform the laws of those jurisdictions which enact it. SOURCE: CC '1212.3 enacted by P.L. 10 -184. § 35109. Short Title. This Chapter may be cited as the Uniform Recognition of Acknowledgments Law. SOURCE: CC '1212.4 enacted by P.L. 10 -184. ----------COL120106