Know all men by these presents
“Know all men by these presents” is an old opening formula meaning “let everyone know, by this document”. It still opens powers of attorney, bills of sale, deeds and bonds, but it does no operative work, and modern drafting replaces it with a plain title and first sentence.
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Sample Know all men by these presents clauses
KNOW ALL MEN BY THESE PRESENTS, that the undersigned, PEROT SYSTEMS CORPORATION, a Delaware corporation (“Assignor”), for and in consideration of the payment of such good and valuable consideration, including the assumption of the debts, liabilities and obligations of Assignor under the contract referenced on Exhibit A (the “Contract”) by DELL MARKETING L.P., a Texas limited partnership (“Assignee”), the receipt and adequacy of which consideration are hereby acknowledged, does hereby assign, transfer, grant, bargain, sell and deliver to Assignee, its successors and assigns, the Contract, including all of its rights and privileges thereunder, to and for their own use and benefit forever.
KNOW ALL MEN BY THESE PRESENTS, that HIGHLANDS RANCH SHEA CENTER II, LLC, a Colorado limited liability company (“Seller”), having its office at 6380 S. Fiddlers Green Circle, Suite 400, Greenwood Village, CO 80111, for and in consideration of the sum of $10.00 and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, paid by NETREIT, INC., a Maryland corporation (“Purchaser”), having its office at 1282 Pacific Oaks Place, Escondido, CA 92029-2900, has granted, bargained, sold, transferred and delivered, and does grant, bargain, sell, transfer and deliver unto Purchaser, its successors and assigns, all of Seller’s right, title and interest in and to all tangible personal property owned by Seller and used solely in connection with the real property described on Exhibit A attached hereto and incorporated herein by reference, including those items shown on Exhibit B attached hereto and incorporated herein by reference (collectively, the “Personal Property”).
KNOW ALL MEN BY THESE PRESENTS, that Wilmington Trust, National Association, a national banking association, not in its individual capacity but solely as Owner Trustee of Mercedes-Benz Auto Receivables Trust 2022-1, a Delaware statutory trust (the “Issuer”), as grantor (in such capacity, the “Grantor”), does hereby appoint MBFS USA LLC, a Delaware limited liability company (“MBFS USA”), as grantee (the “Grantee”), as its attorney-in-fact with full power of substitution and hereby authorizes and empowers the Grantee, in the name of and on behalf of the Grantor or the Issuer, to take the following actions from time to time with respect to the duties of MBFS USA, as administrator (in such capacity, the “Administrator”) under the administration agreement, dated as of November 1, 2022 (the “Administration Agreement”), among the Issuer, the Administrator, Mercedes-Benz Retail Receivables LLC (“Mercedes-Benz Retail Receivables”) and U.S. Bank Trust Company, National Association, for the purpose of executing on behalf of the Grantor or the Issuer all such documents, reports, filings, instruments, certificates and opinions required pursuant to the Basic Documents.
Source
CIMAREX ENERGY COKNOW ALL MEN BY THESE PRESENTS, that each person whose signature appears below hereby constitutes and appoints Thomas E. Jorden and G. Mark Burford and each of them acting alone, his true and lawful attorney-in-fact and agent, with full power of substitution and revocation, for him in any and all capacities, to execute and cause to be filed with the Securities and Exchange Commission the Cimarex Energy Co. Annual Report on Form 10-K for the fiscal year ended December 31, 2016, and any and all amendments thereto, with exhibits thereto, and any other documents in connection therewith and hereby ratifies and confirms all that said attorney-in-fact or his substitute or substitutes may do or cause to be done by virtue hereof.
KNOW ALL PERSONS BY THESE PRESENTS, that New Age Beverages, L.L.C., a Colorado limited liability company (“NAB”), New Age Properties, LLC, a Colorado limited liability company (“NAP”), Aspen Pure, LLC, a Colorado limited liability company, and Xing Beverage, LLC, a Colorado limited liability company (“Xing” and together with NAP and NAB, the “Sellers”), have entered into that certain Asset Purchase Agreement, dated as of the date hereof (the “Purchase Agreement”), by and between Sellers and Bucha, Inc. a Washington corporation (“Buyer”), providing for, inter alia, Sellers’ sale to Buyer of all right, title and interest in and to the Purchased Assets. Unless otherwise defined herein, all capitalized terms used herein shall have the meanings ascribed to them in the Purchase Agreement.
What does “know all men by these presents” mean?
“Know all men by these presents” means “let everyone know, by this document”. It is an old opening formula that announces what the document does to anyone who reads it. “Presents” is an old legal word for the document itself, not a gift.
It usually opens a one-sided document, often followed by “that” and the operative statement: “KNOW ALL MEN BY THESE PRESENTS, that the undersigned … does hereby assign…”.
The phrase comes from the Latin formula noverint universi per praesentes used in medieval deeds and bonds. Modern versions often say “Know all persons by these presents” to avoid the gendered wording, as one of the sample clauses above does.
Word by word
| Words | Meaning today |
|---|---|
| Know | Take notice |
| all men (or all persons) | Everyone, the whole world |
| by these presents | By this document |
| that | Introduces what the document does |
Where you still see it
The phrase survives in documents that one party signs and that are meant to be shown to third parties:
- Powers of attorney. Including the power of attorney that directors sign so officers can file a company’s annual report with the SEC.
- Bills of sale and assignments of assets, contracts or intellectual property.
- Deeds and conveyances of real estate and mineral rights.
- Bonds, such as performance and payment bonds.
- Releases and proxies.
It also still appears in some official forms, for example powers of attorney published by Philippine consulates, where the general and special power of attorney forms open with it to this day.
Related formulas with “these presents”
The same old word turns up in a few other openings, and they all work the same way:
- “To all who shall see these presents, greeting” (or “to all to whom these presents shall come”). It addresses every future reader of a formal grant or certificate. US Army officer commissions have opened with it, followed by “Know ye that…”, since at least Alexander Hamilton’s 1798 commission as major general.
- “Now, know ye” and “these presents witnesseth”. Variants that sit between the background and the operative part of a deed or bond, and announce what the document does next.
- “By these presents” inside the operative sentence: “does by these presents grant, bargain and sell” simply means “grants and sells by this document”.
None of them changes what the document does. In a plain draft, the title says what the document is and the first sentence says what it does.
Does it have any legal effect?
It does no operative work. The phrase only introduces the document; the rights and obligations come from the words that follow it. Drafting guides treat it as deadwood that can be deleted, much like witnesseth at the start of a two-party contract.
If a form you have to use still contains it, there is no need to fight over it. If you control the draft, a plain title and a plain first sentence do the same job.
What to write instead
| Traditional | Plain alternative |
|---|---|
| KNOW ALL MEN BY THESE PRESENTS, that the undersigned does hereby constitute and appoint Jane Smith as its attorney-in-fact… | Power of attorney. Acme Inc. appoints Jane Smith as its attorney-in-fact to… |
| KNOW ALL PERSONS BY THESE PRESENTS, that for good and valuable consideration, Seller does hereby sell, assign and transfer to Buyer… | Bill of sale. For good and valuable consideration, Seller sells and transfers to Buyer… |
| KNOW ALL MEN BY THESE PRESENTS, that we, the Principal and the Surety, are held and firmly bound… | Performance bond. The Principal and the Surety are jointly bound to the Obligee for… |
Example of a plain opening
Sample clause: Bill of sale (plain opening)
Add this clause to a contract, send it and get it signed in fynk.
Use it in fynk for freeSimpler documents in fynk
Powers of attorney, bills of sale and assignments are usually filled in by someone who did not draft them. With conversational forms in fynk, they answer a few plain questions, such as who, what and from when, and the document is completed from their answers, so nobody has to decode the old formulas to get it right.
Which documents use “know all men by these presents”?
Powers of attorney, bills of sale, assignments, deeds, bonds, releases and some leases of land and mineral rights. This free template uses the related “by these presents” wording:
Free templates with this clause
Related clauses
- Witnesseth “Witnesseth” is an old form of “to witness” that traditional contracts place after the preamble, before the WHEREAS recitals. It means “this document records the following” and has no legal effect of its own, so modern contracts leave it out.
- In witness whereof The "In Witness Whereof" clause is a traditional concluding statement in legal documents indicating that the parties have read, understood, and agreed to the terms outlined in the contract. It is followed by the signatures of the parties involved, serving as formal acknowledgment of their consent and commitment.
- Preamble The preamble of a contract is its opening paragraph. It names the agreement, the date it is made and the parties, with their legal names, addresses and the short names used in the rest of the contract. It is followed by the recitals, which explain the background.
- Recitals Recitals, often found at the beginning of a contract, provide a background or context for the agreement, outlining the reasons and purpose behind its formation. These introductory statements help clarify the intent of the parties involved but are not typically enforceable provisions within the contract itself.
- Notwithstanding the foregoing “Notwithstanding the foregoing” means “despite what was just said”. It introduces an exception that wins over the rule before it, for example an assignment ban followed by a carve-out for a buyer of the business. Its wider cousin, “notwithstanding anything to the contrary”, overrides every conflicting provision in the contract.
- Witness signature A witness signature is the signature of a person who watched someone else sign a document and confirms it. Most business contracts do not need one, but deeds, wills, some powers of attorney and documents whose terms require it do.
Frequently asked questions
“Let everyone know, by this document.” It is an old formal opening that announces what the document does; “presents” means the document itself.
“By this document.” In a deed, for example, “does by these presents grant” simply means “grants by this document”.
Yes, mainly in powers of attorney, bills of sale, deeds and bonds, often because old forms are reused. Many drafters now write “know all persons” or drop the phrase.
It comes from medieval deeds, written when “men” stood for everyone. The phrase never limited who could read or rely on the document. Modern forms that keep it often write “know all persons by these presents” instead.
Sometimes, for example at the top of assignments or deeds of trust signed by both sides. It adds even less there, because the next sentence names the parties and says what they agree.
No. The phrase only introduces the document. Its validity depends on what the document says and how it is signed, not on this formula.
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