New York Certificates of Conformity
FULL LIST OF SERVICES
Certificates of Conformity for Affidavits Sworn Outside New York
Where an affidavit is sworn outside New York State but is intended for use in New York proceedings, CPLR 2309(c) requires it to be accompanied by a certificate confirming that the oath was administered in the manner prescribed by the law of the place where it was taken. That document is the certificate of conformity.
Abrams Law provides certificates of conformity for affidavits and affirmations sworn in England and Wales for use in New York courts, arbitrations and corporate filings. Jonathan Abrams is dual-qualified — licensed as an attorney in New York and admitted as a solicitor in England and Wales — so the certificate is given by a lawyer qualified both in the place where the oath was taken and in the jurisdiction where it will be relied on.
When a certificate of conformity is needed
The requirement arises more often than most UK practitioners expect, and it is usually noticed late — after the affidavit has been sworn and filed.
A certificate of conformity is typically required where:
- A witness in England or Wales swears an affidavit for filing in a New York court
- A UK-based director or officer signs a sworn declaration in support of New York litigation
- Evidence is prepared in the UK for an arbitration seated in New York
- A UK party must verify a pleading, petition or motion in New York proceedings
- An affidavit of service, or an affidavit in support of a default judgment, is sworn abroad
- Documents sworn in the UK are submitted to a New York state agency or in support of a corporate or regulatory filing
- A UK executor or beneficiary swears a document for a New York probate or estate matter
- An instrument affecting New York real property is acknowledged outside the state
Where an affidavit is filed without the certificate, the opposing party can object to the evidence, and the court may decline to consider it until the defect is addressed.
Our certificate of conformity services
We prepare and execute certificates of conformity for documents sworn in England and Wales, and advise on the execution formalities before the affidavit is sworn — which is considerably cheaper than correcting it afterwards.
1. Certificates of conformity for sworn documents
We review the affidavit or affirmation, confirm how the oath was administered, and issue a certificate stating that it was taken in the manner prescribed by the law of England and Wales. The certificate is drafted to address what CPLR 2309(c) asks for, in a form intended to be accepted on filing in New York.
Where a document has already been sworn and filed without a certificate, we can prepare one for submission to cure the defect.
2. Advice on execution before the oath is taken
Most problems are created at the point of swearing. We advise instructing solicitors on who should administer the oath, what the jurat should say, which exhibits require marking, and what the certificate will need to confirm — so that the affidavit, the jurat and the certificate are consistent with one another.
This is the least expensive stage at which to get it right.
3. Acknowledgments and real property documents
Instruments affecting New York real property that are acknowledged outside the state are governed by their own regime under the Real Property Law, which is not the same as the CPLR 2309(c) requirement for oaths and affirmations. We advise on which applies, and provide the appropriate certification for deeds, mortgages, powers of attorney and related instruments executed in the UK.
4. Corporate and transactional certification
Sworn declarations, officer’s certificates and verifications signed in the UK are frequently required in US corporate transactions, financings and regulatory filings. We certify execution formalities for these documents and, where a US counterparty’s counsel requires it, provide a short opinion on the form of execution.
Related execution formalities
Certification of a UK-sworn document is rarely the only formality in play. We also advise on:
- Apostille and legalisation of UK documents under the Hague Convention, and when either is required in addition to a certificate of conformity
- Notarisation in England and Wales, and the difference between a notarial act and the administration of an oath
- The form of the jurat, and how English and New York practice differ
- Powers of attorney executed in the UK for use in the United States
- Witnessing and attestation requirements for US-governed contracts signed in the UK
- Electronic and remote execution, and where it is and is not accepted
How instruction works
Instruction is straightforward and usually quick.
- Initial enquiry. Send us the draft affidavit, the proceedings it relates to, and the filing deadline.
- Scope and fee. We confirm what is required and provide a fixed fee before any work begins.
- Pre-swearing review. We check the jurat, the exhibits and the form of the oath, and flag anything that needs changing.
- Certification. Once the affidavit is sworn, we issue the certificate of conformity for filing alongside it.
Urgent matters can usually be turned around within 24 to 48 hours.
Why Abrams Law
- Dual qualification. Jonathan Abrams is licensed as an attorney in New York and admitted as a solicitor in England and Wales, so the certificate comes from a lawyer qualified both where the oath is taken and where it will be filed.
- No second firm required. UK solicitors would otherwise need to instruct New York counsel separately, with the delay and cost that involves.
- Litigation and transactional experience. We act on cross-border corporate, commercial and contentious matters, so we understand what the document is actually for.
- London-based. The same time zone as the instructing solicitor, which matters when a filing deadline is days away.
- Fixed fees. Certification work is quoted up front, before it begins.
CPLR 2309(c) Explained
CPLR 2309(c) provides that an oath or affirmation taken outside New York State is to be treated as if taken within the state, provided it is accompanied by a certificate that the oath was administered in the manner prescribed by the law of the place where it was taken.
Two points follow from that wording, and both are regularly missed.
First, the certificate speaks to how the oath was administered — not to the truth of the affidavit’s contents, and not to the credibility of the witness. It is a statement about local procedure, which is why it has to come from someone qualified in the place where the oath was taken.
Second, it is a requirement of form rather than of substance. New York courts have generally treated the absence of a certificate of conformity as a procedural defect capable of being cured, rather than one that renders the affidavit a nullity, and have often permitted a certificate to be supplied later. That is not a reason to leave it out: an objection still has to be answered, a deadline may have passed in the meantime, and a court is not obliged to overlook the omission.
Where an acknowledgment of a New York real property instrument is taken outside the state, a separate statutory regime applies under the Real Property Law, and the analysis is not the same.
What Is a Certificate of Conformity?
A short formal statement, signed by a lawyer qualified in the jurisdiction where an oath was administered, confirming that the oath was taken in the manner that jurisdiction’s law prescribes.
It is a single document, usually under a page, and it does three things.
- Identifies the affidavit it relates to, by reference to the deponent, the date and the proceedings.
- States the certifier’s qualification to speak to the law of the place where the oath was taken.
- Confirms the manner of the oath — that the deponent was sworn or affirmed in accordance with the law of that place, and that the person administering it was authorised to do so.
What it is not is a notarisation, an apostille or a legalisation. Those are different instruments serving different purposes, and holding one does not satisfy the need for another. An apostille authenticates the signature or seal of a public official; a certificate of conformity addresses the procedure by which the oath was administered. A UK affidavit may require both, one, or neither, depending on where it is going and what it is for.
Nor is it a formality a UK notary can supply on their own account. The certificate has to come from someone competent to state what the law of England and Wales requires for the administration of an oath, and it has to be in a form a New York court will accept.
Further reading: New York certificates of conformity: what UK law firms need to know.
When Is This Service Used?
Most instructions reach us in one of three situations.
- Before swearing — the preferred position. The affidavit has been drafted and the solicitor wants the execution right first time.
- After swearing, before filing — the document is sworn and a certificate is needed to go with it.
- After an objection — the affidavit has been filed, opposing counsel has raised the absence of a certificate, and it now has to be cured quickly.
The third is the most expensive of the three and the easiest to avoid. If there is any prospect that a UK-sworn document will be relied on in New York, the execution formalities are worth half an hour of advice before the deponent signs.
Get Your New York Affidavit Certified
Send us the draft affidavit and the filing deadline, and we will confirm what is required and what it will cost. Urgent certifications can usually be completed within 24 to 48 hours.
Abrams Law is a US law firm based in London, advising UK and European clients on matters of New York and US federal law.
New York Certificate of Conformity FAQs
What is a certificate of conformity in New York?
It is a statement signed by a lawyer qualified where an oath was administered, confirming that the oath was taken in the manner that jurisdiction’s law prescribes. CPLR 2309(c) requires one where an affidavit sworn outside New York is to be used in New York proceedings.
Who can sign a certificate of conformity?
Someone competent to state what the law of the place of swearing requires. For an affidavit sworn in England and Wales that means a lawyer qualified in England and Wales — and in practice it is best given by someone also admitted in New York, so that the certificate is drafted in a form New York courts accept.
Is an affidavit invalid without a certificate of conformity?
Not automatically. New York courts have generally treated the omission as a procedural defect capable of being cured rather than a fatal one, and have often allowed a certificate to be supplied afterwards. It still gives the other side something to object to, and curing it can cost time you may not have.
Is a certificate of conformity the same as an apostille?
No. An apostille authenticates the signature or seal of a public official under the Hague Convention. A certificate of conformity addresses how the oath was administered. A UK-sworn document may need both, and one does not substitute for the other.
How quickly can you provide a certificate of conformity?
Usually within 24 to 48 hours of receiving the sworn affidavit, and faster where we have reviewed the document before it was sworn. Fees are fixed and confirmed before we begin.