Abrams Law provides New York Certificates of Conformity and related US legal certification services from its London office, assisting UK solicitors, businesses and individuals with documents intended for use in New York.
When legal documents are executed, witnessed or acknowledged outside the United States, additional formalities may be required before those documents can be accepted for recording, filing or use as evidence in New York.
One such requirement is a Certificate of Conformity under Section 301-a of the New York Real Property Law.
At Abrams Law, our New York-admitted attorneys based in London are available to assist other law firms, businesses and individuals with these requirements, helping to bridge the procedural differences between English and New York law.
What is a New York Certificate of Conformity?
Section 301-a of the New York Real Property Law addresses acknowledgments and proofs of execution made outside the United States.
Under this provision, an acknowledgment or proof taken in a foreign country may follow either the formalities prescribed by New York law or those prescribed by the laws of the country in which it is taken.
Where the acknowledgment or proof is taken in accordance with the foreign country’s laws, Section 301-a requires an accompanying certificate confirming that it conforms to those laws.
This is known as a Certificate of Conformity.
The certificate provides assurance to the relevant New York authority that the foreign acknowledgment or proof has been carried out in accordance with the applicable local legal requirements.
Who Can Issue a Certificate of Conformity?
Section 301-a(1)(a) expressly permits a Certificate of Conformity to be issued by:
“An attorney-at-law admitted to practice in the state of New York, resident in such foreign country.”
Accordingly, a New York-admitted attorney residing in England may issue a Certificate of Conformity in respect of an acknowledgment or proof taken in England in accordance with English law.
The legislation also identifies certain US and foreign consular officers, together with persons deemed qualified by a New York court, as persons authorised to issue such certificates.
Importantly, Section 301-a(2)(a) provides that the signature on a Certificate of Conformity, and the signatory’s qualification to issue it, are presumptively genuine and established by the recitals in the certificate.
This provides a statutory basis for New York-admitted attorneys practising in London to assist with cross-border documentation.
When Might a Certificate of Conformity Be Required?
Certificates of Conformity commonly arise in connection with documents executed or acknowledged in the United Kingdom but intended for use in New York.
Examples may include:
- Real estate transactions: Deeds, mortgages, powers of attorney and other instruments affecting New York real property.
- Powers of attorney: Documents executed in England granting authority to act in connection with New York transactions.
- Corporate and commercial transactions: Documents requiring acknowledgment or proof of execution for filing or other formal purposes in New York.
- Litigation and legal proceedings: Documents for which the validity of a foreign acknowledgment or proof is relevant to their acceptance or use as evidence.
- Cross-border transactions: Documents prepared by UK solicitors for clients with assets, business interests or legal obligations in New York.
Whether a certificate is required depends on the nature of the document, the manner of execution and the requirements of the receiving authority.
Why Use a New York Attorney Based in London?
For UK solicitors handling transactions involving New York law, obtaining the necessary certification from a lawyer who is both admitted in New York and based in the United Kingdom can provide a practical and efficient solution.
Rather than arranging certification through a lawyer overseas, UK firms can instruct a locally based New York attorney familiar with the legal systems and professional practices of both jurisdictions.
At Abrams Law, we are particularly well placed to assist because our practice focuses on US and UK cross-border legal matters.
Our dual-qualified experience allows us to understand the underlying transaction, the requirements of the New York legislation and the practical challenges encountered by UK legal professionals.
What Does Abrams Law Provide?
We can assist with:
- Reviewing the relevant document and its acknowledgment or proof of execution.
- Considering whether a Certificate of Conformity under New York Real Property Law § 301-a is appropriate.
- Preparing and issuing a Certificate of Conformity where the statutory requirements are satisfied.
- Liaising with the instructing solicitor or other professional adviser regarding the applicable New York requirements.
- Advising on related US legal formalities and documentation where required.
We regularly work alongside other law firms and are happy to accept instructions on a discrete, transaction-specific basis.
Our role can be limited to providing the required certificate, without interfering with the existing solicitor-client relationship.
Is a Certificate of Conformity the Same as an Apostille or Notarisation?
No. These are distinct legal formalities.
A notarisation generally involves a notary performing an authorised notarial act, such as witnessing or acknowledging a signature.
An apostille is a form of authentication used between countries participating in the Hague Apostille Convention.
A Certificate of Conformity under Section 301-a serves a different purpose: it confirms that the relevant acknowledgment or proof complies with the laws of the foreign country in which it was taken.
Depending on the document and the requirements of the receiving authority, additional notarisation, authentication or apostille formalities may still be necessary.
New York Legal Certification Services in London
Abrams Law is a London-based US law practice advising businesses, individuals and professional advisers on US corporate, commercial and cross-border legal matters.
Our New York-admitted attorneys are available to assist UK solicitors and other professional advisers requiring Certificates of Conformity under New York Real Property Law § 301-a.
We understand that these requests frequently arise as part of time-sensitive transactions and can work directly with the instructing law firm to establish the applicable requirements and arrange the necessary documentation.
Contact Abrams Law
Do you require a New York Certificate of Conformity for a document executed or acknowledged in the United Kingdom?
Contact Abrams Law to discuss your requirements. We welcome instructions from UK solicitors, law firms, corporate clients and individuals requiring New York legal certification services in London.
This article provides general information about New York Real Property Law § 301-a and does not constitute legal advice. The requirements applicable to any particular document will depend on its nature, execution formalities and intended use.
Related reading
The discovery process in US litigation: what UK companies should expect · Our New York certificate of conformity service · Expert evidence on US law for UK proceedings
