Title XXXVIII, Witnesses, Evidence, Notaries, Commissioners of Foreign Deeds, and Legal Notices

For the purposes of KRS 423.110 to 423.190, "notarial acts" means acts which the laws and regulations of this state authorize notaries public of this state to perform, including the administering of oaths and affirmations, taking proof of execution and acknowledgments of instrume…

The person taking an acknowledgment shall certify that: (1) The person acknowledging appeared before him and acknowledged he executed the instrument; and (2) The person acknowledging was known to the person taking the acknowledgment or that the person taking the acknowledgment ha…

The form of a certificate of acknowledgment used by a person whose authority is recognized under KRS 423.110 shall be accepted in this state if: (1) The certificate is in a form prescribed by the laws or regulations of this state; (2) The certificate is in a form prescribed by th…

The words "acknowledged before me" mean: (1) That the person acknowledging appeared before the person taking the acknowledgment; (2) That he acknowledged he executed the instrument; (3) That, in the case of: (a) A natural person, he executed the instrument for the purposes therei…

The forms of acknowledgment set forth in this section may be used and are sufficient for their respective purposes under any law of this state. The forms shall be known as "Statutory Short Forms of Acknowledgment" and may be referred to by that name. The authorization of the form…

A notarial act performed prior to July 1, 1970, is not affected by KRS 423.110 to 423.190. KRS 423.110 to 423.190 provide an additional method of proving notarial acts. Nothing in KRS 423.110 to 423.190 diminishes or invalidates the recognition accorded to notarial acts by other …

KRS 423.110 to 423.190 shall be so interpreted as to make uniform the laws of those states which enact it.

KRS 423.110 to 423.190 may be cited as the "Uniform Recognition of Acknowledgments Act."

Notwithstanding any other provision of law, any certificate of an acknowledgment given and certified as provided by KRS 423.300 to 423.455 or as provided by those sections and other provisions of law, together with the instrument acknowledged, may be admitted to the public record…

As used in KRS 423.300 to 423.455: (1) "Acknowledgment" means a declaration by an individual before a notarial officer that the individual has signed a record for the purpose stated in the record and, if the record is signed in a representative capacity, that the individual signe…

KRS 423.300 to 423.455 applies to a notarial act performed on or after January 1, 2020.

Prohibited acts -- Tangible copy of electronic record. (1) A notarial officer may perform the following notarial acts: (a) Take acknowledgments; (b) Administer oaths and affirmations; (c) Take verifications of statements on oath or affirmation; (d) Certify that a copy of any docu…

negotiable instrument. A notarial officer who takes an acknowledgment of a record, takes a verification of a statement on oath or affirmation, or witnesses or attests to a signature, shall determine, from personal knowledge or satisfactory evidence of the identity of the individu…

If a notarial act relates to a statement made in or a signature executed on a record, the individual making the statement or executing the signature shall appear personally before the notarial officer.

communication technology -- Additional information. (1) A notarial officer has personal knowledge of the identity of an individual appearing before the officer if the individual is personally known to the officer through dealings sufficient to provide reasonable certainty that th…

(1) A notarial officer may refuse to perform a notarial act if the officer is not satisfied that: (a) The individual executing the record is competent or has the capacity to execute the record; or (b) The individual’s signature is knowingly and voluntarily made. (2) A notarial of…

If an individual is physically unable to sign a record, the individual may direct another individual, other than the notarial officer, to sign the individual’s name on the record by proxy, in the presence of two (2) witnesses unaffected by the record, one (1) of whom may be the i…

county clerk. (1) A notarial act may be performed in this state by: (a) A notary public of this state; or (b) A county clerk of this state. (2) The signature and title of an individual performing a notarial act in this state are prima facie evidence that the signature is genuine …

or under authority of federal law. (1) (a) A notarial act performed in another state has the same effect under the law of this state as if performed by a notarial officer of this state, if the act performed in that state is performed by: 1. A notary public of that state; 2. A jud…

international governmental organization -- Establishing authority of officer and genuineness of signature. (1) In this section, "foreign state" means a government other than the United States, a state, or a federally recognized Indian tribe. (2) If a notarial act is performed und…

notarial act -- Use of communication technology -- Registration -- Administrative regulations -- Application of state law. (1) An online notary public: (a) Shall be commissioned as a notary public pursuant to KRS 423.300 to 423.455 and has the powers and duties of a traditional n…

(1) A notarial act shall be evidenced by a certificate. The certificate shall: (a) Be executed contemporaneously with the performance of the notarial act; (b) Be signed and dated by the notarial officer and, if the notarial officer is a notary public, be signed in the same manner…

The Secretary of State shall promulgate short-form certificates for notarial acts which shall contain space for the information required by KRS 423.360(1) and (2), and include a space to indicate the manner of notarization of the document.

A notary public commissioned pursuant to KRS 423.300 to 423.455 is not required to use a stamp. If a notary public chooses to use a stamp, the notary public shall have an official stamp which shall: (1) Include the notary public’s name, title, jurisdiction, commission number, and…

Lost or stolen device. (1) A notary public is responsible for the security of the notary public’s stamping device and may not allow another individual to use the device to perform a notarial act. On resignation from, or the revocation or expiration of, the notary public’s commiss…

or stolen journal -- Retention and transmission -- Custodian. (1) An online notary public shall maintain a journal in which the online notary public chronicles all electronic notarizations that the online notary public performs. The online notary public shall retain the journal f…

evident technology -- Standards -- Tangible copy of electronic record. (1) A notary public shall register with the Secretary of State pursuant to KRS 423.390 if the notary public intends to perform notarial acts: (a) With respect to electronic records where the individual will ap…

bond -- Change of information -- Renewal of commission -- Administrative regulations -- Registration. (1) An individual qualified under subsection (2) of this section may apply to the Secretary of State for a commission as a notary public. The applicant shall comply with and prov…

(1) The Secretary of State may deny, refuse to renew, revoke, suspend, or impose a condition on a commission as notary public for any act or omission that demonstrates the individual lacks the honesty, integrity, competence, or reliability to act as a notary public, including: (a…

oath. (1) The Secretary of State shall maintain an electronic database of notaries public: (a) Through which a person may verify the authority of a notary public to perform notarial acts; and (b) Which indicates whether a notary public has registered with the Secretary of State i…

(1) A commission as a notary public does not authorize an individual to engage in the practice of law. (2) A notary public shall not engage in false or deceptive advertising. (3) A notary public, other than an attorney licensed to practice law in this state, shall not advertise o…

Except as otherwise provided in KRS 423.310(4), the failure of a notarial officer to perform a duty or meet a requirement specified in KRS 423.300 to 423.455 does not invalidate a notarial act performed by the notarial officer. The validity of a notarial act does not prevent an a…

The Secretary of State may promulgate administrative regulations to implement KRS 423.300 to 423.455. Promulgated administrative regulations regarding the performance of notarial acts with respect to electronic records or electronic notarizations shall not require, or accord grea…

online notary public. (1) A commission as a notary public in effect on January 1, 2020, shall continue until its date of expiration. A notary public who applies to renew a commission as a notary public on or after January 1, 2020, shall be subject to and comply with KRS 423.300 t…

KRS 423.300 to 423.455 does not affect the validity or effect of a notarial act performed before January 1, 2020.

(1) For a notarial act relating to a tangible or electronic record, or for an electronic notarization, a notary public may charge a fee: (a) In compliance with KRS 64.300; and (b) Which has been clearly disclosed to the person requesting the service in advance. (2) Compensation f…

lawfully recorded or filed. (1) If an electronic record or paper printout of an electronic record relating to real property located in this state contains an acknowledgment performed by electronic means, notwithstanding any omission or error in the certificate of acknowledgment o…

(1) A writing or record that appears on its face to have been properly notarized in accordance with KRS 423.300 to 423.455 shall be presumed to have been notarized properly and may be recorded by the clerk. (2) A writing or record notarized outside this state by a notary public o…

(1) KRS 423.300 to 423.455 are to be construed and applied in a manner consistent with KRS 369.101 to 369.120. In accordance with KRS 369.105, nothing in KRS 423.300 to 423.455 shall affirmatively require any person to create, generate, send, communicate, receive, store, or other…

authority. (1) With respect only to notarial acts performed in relation to tangible records, the county clerk of a county in whose office any notary public has so filed his or her signature and surety bond shall when requested subjoin to any certificate of proof or acknowledgment…

technology -- Certificate -- Retention of audio-visual recording -- Notification of Secretary of State -- Administrative regulations -- Service of process. (1) A remotely located individual may comply with KRS 423.320 by appearing before a notary public by means of communication …

Signatures in Global and National Commerce Act. KRS 382.075, 382.076, and 423.300 to 423.455 modify, limit, and supersede the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. secs. 7001 et seq., but do not modify, limit, or supersede Section 101(c) of that act…

In the event of a conflict between the provisions of this chapter and any other law in this state, the provisions of this chapter shall control.