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AR HB1907

Bill

Status

Passed

4/8/2013

Primary Sponsor

John Vines

Click for details

Origin

House of Representatives

89th General Assembly (2013 Regular)

AI Summary

  • Repeals Arkansas Code §18-12-207 (acknowledgments by corporations) and §16-47-207 (forms of certificates) and replaces them with consolidated acknowledgment form standards in §16-47-107

  • Establishes valid acknowledgment forms for deeds and instruments affecting real estate title executed by corporations, business trusts, estates, partnerships, limited liability companies, associations, joint ventures, individuals, and attorneys in fact

  • Allows bracketed language in acknowledgment forms as optional alternate language and permits use of present or past tense without affecting validity; acknowledges county location can be either where officer resides or where acknowledgment occurred

  • Amends §18-12-208 to protect recorded instruments with defective acknowledgments by allowing them to provide constructive notice and be admitted as evidence despite omissions or errors in acknowledgment certificates, including missing seals, incorrect dates, or gender mismatches

  • Allows valid jurats to substitute for acknowledgment certificates for instruments recorded after the bill's effective date and prohibits county recorders from refusing documents executed under permitted acknowledgment standards

  • Declares an emergency effective upon governor approval to protect property rights threatened by defects in acknowledgment certificates

Legislative Description

Regarding The Form Of Acknowledgements And Addressing Defects In Acknowledgements Of Recorded Instruments; And To Declare An Emergency.

Last Action

Notification that HB1907 is now Act 999

4/8/2013

Committee Referrals

Judiciary3/26/2013
Judiciary3/11/2013

Full Bill Text

No bill text available