MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Judiciary A

By: Representative Snowden

AN ACT TO AMEND SECTION 89-3-7, MISSISSIPPI CODE OF 1972, TO PROVIDE FORMS OF ACKNOWLEDGMENTS FOR CORPORATE GENERAL PARTNERS OF PARTNERSHIPS AND CORPORATE MEMBERS AND MANAGERS OF LIMITED LIABILITY COMPANIES; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 89-3-7, Mississippi Code of 1972, is amended as follows:

89-3-7. The following forms of acknowledgment may be used in the case of conveyances or other written instruments affecting real estate or personal property; and any acknowledgment so taken and certified shall be sufficient to satisfy all requirements of law:

(a) In the case of natural persons acting in their own right:

"STATE OF ___________

COUNTY OF ___________

Personally appeared before me, the undersigned authority in and for the said county and state, on this ___ day of __________, 20__, within my jurisdiction, the within named _____________, who acknowledged that (he)(she)(they) executed the above and foregoing instrument.

___________________(NOTARY PUBLIC)

My commission expires:

___________________"

(Affix official seal, if applicable)

(b) In the case of corporations:

"STATE OF ____________

COUNTY OF ___________

Personally appeared before me, the undersigned authority in and for the said county and state, on this ___ day of __________, 20__, within my jurisdiction, the within named _____________, who acknowledged that (he)(she) is _______________ of ____________, a ____________corporation, and that for and on behalf of the said corporation, and as its act and deed (he)(she) executed the above and foregoing instrument, after first having been duly authorized by said corporation so to do.

___________________(NOTARY PUBLIC)

My commission expires:

___________________"

(Affix official seal, if applicable)

(c) In the case of a corporate general partner of a limited partnership:

"STATE OF __________

COUNTY OF___________

Personally appeared before me, the undersigned authority in and for the said county and state, on this______day of_________, 20__, within my jurisdiction, the within named_______________, who acknowledged to me that (he)(she) is__________ of_______________,

_________________(NOTARY PUBLIC)

My commission expires:

_____________________"

(Affix official seal, if applicable)

(d) In the case of a corporate member of a member-managed limited liability company:

"STATE OF ________

COUNTY OF_________

Personally appeared before me, the undersigned authority in and for the said county and state, on this_____day of _____, 20__,

within my jurisdiction, the within named ____________________, who acknowledged to me that (he)(she) is _________________________ of ____________, a _________________________corporation and member of __________, a ___________member-managed limited liability company, and that for and on behalf of said corporation as member of said limited liability company, and as the act and deed of said corporation as member of said limited liability company, and as the act and deed of said limited liability company, (he)(she) executed the above and foregoing instrument, after first having been duly authorized by said corporation and said limited liability company so to do.

________________(NOTARY PUBLIC)

My commission expires:

_____________________"

(Affix official seal, if applicable)

(e) In the case of a corporate manager of a manager-managed limited liability company:

"STATE OF __________

COUNTY OF___________

Personally appeared before me, the undersigned authority in and for the said county and state, on this____day of______, 20__, within my jurisdiction, the within named____________________, who acknowledged to me that (he)(she) is______________of__________, a

_______________(NOTARY PUBLIC)

My commission expires:

_____________________"

(Affix official seal, if applicable)

(f) In the case of persons acting in representative capacities:

"STATE OF ____________

COUNTY OF ____________

Personally appeared before me, the undersigned authority in and for the said county and state, on this ___ day of __________, 20__, within my jurisdiction, the within named _____________, who acknowledged that (he)(she) is ____________of ____________and that in said representative capacity (he)(she) executed the above and foregoing instrument, after first having been duly authorized so to do.

___________________(NOTARY PUBLIC)

My commission expires:

___________________"

(Affix official seal, if applicable)

(g) In the case of proof of execution of the instrument made by a subscribing witness:

"STATE OF ____________

COUNTY OF ____________

Personally appeared before me, the undersigned authority in and for the said county and state, on this ___ day of __________, 20__, within my jurisdiction, CD, one of the subscribing witnesses to the above and foregoing instrument, who, being first duly sworn, states that (he)(she) saw the within (or above) named AB, whose name is subscribed thereto, sign and deliver the same to EF (or that (he)(she) heard AB acknowledge that (he)(she) signed and delivered the same to EF); and that the affiant subscribed (his)(her) name as witness thereto in the presence of AB.

______________________(CD)

___________________(NOTARY PUBLIC)

My commission expires:

___________________"

(Affix official seal, if applicable)

SECTION 2. This act shall take effect and be in force from and after July 1, 2000.