Should execution of a conveyance or other instrument recited to be made by an individual in a representative capacity (e.g., by "John Smith, its officer, thereunto duly authorized") be deemed sufficient if the signature is without indication of the signer’s representative capacity? Should execution of an instrument by an individual in a representative capacity be deemed sufficient if that capacity is not stated in the instrument but is stated in the acknowledgement?

Such execution should be deemed sufficient, if the representative capacity is recited within the instrument or in the acknowledgement.

The nature of the representative capacity of the signer of an instrument is a necessary matter of fact that should be recited within the instrument or in the acknowledgement. The recital of representative capacity need not be restated with the signature.

See Title Standard No. 309 concerning the validity of an individual acknowledgement by one signing an instrument in a representative capacity.