KRS CHAPTER 423 NOTARIES PUBLIC AND COMMISSIONERS OF FOREIGN DEEDS

 

 

Back to KRS Annotated Home Page Index

Back to TITLE XXXVIII

KRS ANNOTATED

KRS CHAPTER 423 –  NOTARIES PUBLIC

AND COMMISSIONERS OF FOREIGN DEEDS

KRS 423.010  Thru  KRS 423.990

KRS 423.010 Appointment, term, and qualifications of notaries — County clerk has powers of notary when acting in capacity as clerk

KRS 423.020 Notary may act in any county — Certification of notary’s authority

KRS 423.030 Protests to be recorded — Copies as evidence

KRS 423.040 Notice of dishonor — To whom sent

KRS 423.050 Records of notary to be delivered to county clerk, when

KRS 423.060 Foreign notary — When protest by is evidence

KRS 423.070 Commissioners of foreign deeds — Appointment, term

KRS 423.080 Powers of commissioners

KRS 423.110 Recognition of notarial acts performed outside this state

KRS 423.120   Repealed 1992.

KRS 423.130 Certificate of person taking acknowledgment

KRS 423.140 Recognition of certificate of acknowledgment

KRS 423.150 Certificate of acknowledgment

KRS 423.160 Short forms of acknowledgment

KRS 423.170 Acknowledgments not affected by KRS 423.110 to 423.190

KRS 423.180 Uniformity of interpretation

KRS 423.190 Short title

KRS 423.200 Admission of documents to the public record

KRS 423.990 Penalties

 

 

Related resources

 

Updated 09/17/2013 (2013) GB

 
 
 

KRS 423.010 Appointment, term, and qualifications of notaries — County clerk has powers of notary when acting in capacity as clerk.

(1) The Secretary of State may appoint as many notaries public as he or she deems necessary, who shall hold office for four (4) years. Any resident of the Commonwealth of Kentucky desiring to be appointed a notary public shall make written application to the Secretary of State. The application shall be approved by the Circuit Judge, circuit clerk, county judge/executive, county clerk, justice of the peace, or a member of the General Assembly of the county of the residence of the applicant or in the county in which the applicant’s principal place of employment is located. A person who is not a resident of Kentucky but who is employed in Kentucky may become a notary public by making an application to the Secretary of State which has been approved by an officer specified in this section from the county in which the applicant is principally employed in Kentucky. No officer shall charge or accept any fee for approving the application. A notary public shall be eighteen (18) years of age, a resident of the county from which he or she makes his or her application or be principally employed in the county from which he or she makes his or her application, of good moral character, and capable of discharging the duties imposed upon him or her by this chapter, and the endorsement of the officer approving the application shall so state. The Secretary of State, in his or her certificate of appointment to the applicant, shall designate the limits within which the notary is to act. Before a notary acts, he or she shall take an oath before any person authorized to administer an oath as set forth in KRS 62.020 that he or she will honestly and diligently discharge the duties of his or her office. He or she shall in the same court give an obligation with good security, which shall be proven by a notarized statement from, and not the personal appearance of, the person providing the security, for the proper discharge of the duties of his or her office. Every certificate of a notary public shall state the date of the expiration of his or her commission. The Secretary of State shall give to each notary appointed a certificate of his or her appointment under the seal of the Commonwealth of Kentucky in lieu of a commission heretofore required to be issued to the notary by the Governor of Kentucky, and receive a fee of ten dollars ($10) for the certificate.

(2) A county clerk shall have the powers of a notary public in the exercise of the official functions of the office of clerk within his or her county, and the official actions of the county clerk shall not require the witness or signature of a notary appointed pursuant to subsection (1) of this section.

Effective: July 12, 2006  History: Amended 2006 Ky. Acts ch. 186, sec. 1, effective July 12, 2006. — Amended 2002 Ky. Acts ch. 231, sec. 1, effective July 15, 2002. — Amended 1990 Ky. Acts ch. 486, sec. 1, effective July 13, 1990. –Amended 1986 Ky. Acts ch. 204, sec. 12, effective July 15, 1986. — Amended 1978 Ky. Acts ch. 384, sec. 524, effective June 17,1978. — Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 20, sec. 6, effective January 2, 1978. — Amended 1974 Ky. Acts ch. 235, sec. 1. — Amended 1968 Ky. Acts ch. 100, sec. 22. — Amended 1952 Ky. Acts ch. 45, sec. 1. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3721.  

 
ANNOTATION FOR THIS STATUTE:
 

Com. v. Hallahan, 391 S.W.2d 378 (Ky., 1965)     May 28, 1965

In the statutory law of this state there are several references to the specific age of 21 years. See, for example, KRS 271.025 (formation of corporations and ownership of stock), KRS 395.005 (qualifications of fiduciaries), KRS 423.010 (qualifications of notaries public), KRS 435.100 (statutory rape), and KRS 435.010 (sedution under promise of marriage). We cannot think the legislature intended to amend these sections by S.B. 22. So far as Section 1 (KRS 2.015) is concerned, it can apply only where the statutes do not designate age in terms of a precise number of years.  

Holland v. Com., 479 S.W.2d 903 (Ky., 1972)     April 28, 1972

From the foregoing, it appears to us that the recognition of the right of a notary public to administer oaths has become widespread, engrained, in common use, and has received the sanction of the people. In Nicholls v. Webb, 8 Wheat 326, 5 L.Ed. 628 (1823), it was said ‘* * * that the protesting of notes, if not strictly the duty of the notary, was in conformity to general practice, and was an employment in which he was usually engaged.’ We find here that the administering of the oath by a notary public before interrogation ‘* * * was in conformity to general practice * * *.’ We recognize the general rule has been that ‘The power to administer oaths is not incidental to the office of notary, and a notary has only such authority to administer an oath as is conferred on him by constitution or statute.’ 66 C.J.S. Notaries § 6(2), p. 615. In Owsley v. Commonwealth, Ky., 428 S.W.2d 199 (1968), we wrote ‘So, we conclude * * * that a notary public is authorized to administer an oath to an affidavit.’ In the light of the illustrations we have related and the decisions in Anderson v. Commonwealth, Ky., 117 S.W.2d 364 (1909), and Owsley v. Commonwealth, supra, it is our opinion that the statute creating the office of notary public, KRS 423.010, when considered with the Rules of Civil Procedure, authorized the notary to administer the oath to Holland before his interrogation.

        In support of his argument that the subject on which he gave his affidavit was not one on which he could be legally sworn, Holland cites Commonwealth v. Hinkle, 177 Ky. 22, 197 S.W. 455 (1917), a case in which the defendant was indicted for making a false affidavit. In that case we held that the proceedings were properly dismissed because the affidavit was signed by Hinkle to secure his release from custody. He swore that he would leave the county and not return. We said that ‘* * * it merely stated the purpose or voluntary promise of Hinkle to do something in the future which the court had no right to require of him.’ Holland sees an analogy; he says that he ‘* * * was not required to make a statement in the sheriff’s office under the circumstances presented and he could not have been legally sworn.’ We agree that he was not obligated to make any statement, but he did so voluntarily.

 
 

KRS 423.020 Notary may act in any county — Certification of notary’s authority.

 (1) A notary public may exercise all the functions of his office in any county of the state, by filing in the county clerk’s office in such county his written signature and a certificate of the county clerk of the county for which he was appointed, setting forth the fact of his appointment and qualification as a notary public, and paying a fee pursuant to KRS 64.012 to the county clerk.

(2) The county clerk of a county in whose office any notary public has so filed his signature and certificate shall, when requested, subjoin to any certificate of proof or acknowledgment signed by the notary a certificate under his hand and seal, stating that such notary public has filed a certificate of his appointment and qualifications with his written signature in his office, and was at the time of taking such proof or acknowledgment duly authorized to take the same; that he is well acquainted with the handwriting of the notary public and believes that the signature to such proof or acknowledgment is genuine.

Effective: January 1, 2007  History: Amended 2006 Ky. Acts ch. 255, sec. 34, effective January 1, 2007. — Amended 1990 Ky. Acts ch. 88, secs. 85 and 93, effective July 1, 1992. — Amended 1946 Ky. Acts ch. 162, sec. 1. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3721a.  Note: Amendment of this section by 1990 Ky. Acts ch. 88, secs. 85 and 93 became effective July 1, 1992, in compliance with 1992 Ky. Acts ch. 324, sec. 30.

 

NO ANNOTATION FOR THIS STATUTE:  

 

KRS 423.030 Protests to be recorded — Copies as evidence.

The notaries public shall record in a well bound and properly indexed book, kept by them for that purpose, all protests made by them for the nonacceptance or nonpayment of all bills of exchange, checks or promissory notes placed on the footing of bills of exchange, and on which a protest is required by law, or of which protest is evidence of dishonor. A copy of such protest certified by the notary public under his notarial seal is prima facie evidence in all the courts of this state.

Effective: October 1, 1942  History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3723.
 

NO ANNOTATION FOR THIS STATUTE:

 

KRS 423.040 Notice of dishonor — To whom sent.

Notaries public shall upon protesting any instrument mentioned in KRS 423.030 give notice of the dishonor to such parties thereto as are required by law to be notified to fix their liability on such paper. When the residence of a party is unknown to the notary public, he shall send the notices to the holders of the paper, shall state in his protest the names of the parties to whom he gave notice, and the time and manner of giving the same and such statement in such protest shall be prima facie evidence that notices were given as therein stated.

Effective: October 1, 1942  History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3725.
 

NO ANNOTATION FOR THIS STATUTE:   

 

KRS 423.050 Records of notary to be delivered to county clerk, when.

Upon the resignation of a notary public or the expiration of his term of office if he is not reappointed, he shall place his record book in the office of the county clerk in the county in which he was appointed, and if a notary dies, his representative shall deposit the record book with the clerk aforesaid.

Effective: July 1, 1992  History: Amended 1990 Ky. Acts ch. 88, secs. 86 and 93, effective July 1, 1992. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3724.  Note: Amendment of this section by 1990 Ky. Acts ch. 88, secs. 86 and 93 became effective July 1, 1992, in compliance with 1992 Ky. Acts ch. 324, sec. 30.
 

NO ANNOTATION FOR THIS STATUTE:   

 

KRS 423.060 Foreign notary — When protest by is evidence.

If any commercial paper is protested in any other state of the United States in which it is made payable, and by the laws of that state a notary public or other officer authorized to protest the same is required to give notice of dishonor to the parties or if the certificate of such notary or officer, or a copy thereof, stating that such notice was sent, is evidence, in the courts of that state, then such protest, certificate or copy is admissible as evidence and shall have the same effect in the courts of this state as is given to such evidence in the courts of the other state.

Effective: October 1, 1942  History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3726.
 

NO ANNOTATION FOR THIS STATUTE:   

 

KRS 423.070 Commissioners of foreign deeds — Appointment, term.

The Governor may appoint and commission one (1) or more commissioners of deeds in each state of the United States for a term of two (2) years. Before entering on the duties of his office, each commissioner shall make and subscribe an affidavit, before an officer authorized to administer an oath, to well and truly execute and perform all the duties of his office. The affidavit must be filed in the office of the Secretary of State of this state.

Effective: October 1, 1942  History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 389.
 

NO ANNOTATION FOR THIS STATUTE:

 

KRS 423.080 Powers of commissioners.

Any commissioner of deeds appointed and qualified pursuant to KRS 423.070 may take the acknowledgment of proof of any instrument of writing, except wills, which instrument is required by the laws of this state to be recorded. The examination, acknowledgment or proof of any such instrument taken by a commissioner, and certified under his official seal, in the manner required by the laws of this state, shall authorize the instrument to be recorded in the proper office. A commissioner of deeds may administer any oath or take any affirmation necessary to discharge his official duties, and may take

and certify depositions to be read on the trial of any action or proceeding in any of the courts of this state.

History: Amended 1974 Ky. Acts ch. 386, sec. 99. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 390, 391.   

NO ANNOTATION FOR THIS STATUTE:   

 

KRS 423.110 Recognition of notarial acts performed outside this state.

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 instruments, and attesting documents. Notarial acts may be performed outside this state for use in this state with the same effect as if performed by a notary public of this state by the following persons authorized pursuant to the laws and regulations of other governments in addition to any other person authorized by the laws and regulations of this state:

(1) A notary public authorized to perform notarial acts in the place in which the act is performed;

(2) A judge, clerk, or deputy clerk of any court of record in the place in which the notarial act is performed;

(3) An officer of the foreign service of the United States, a consular agent, or any other person authorized by regulation of the United States Department of State to perform notarial acts in the place in which the act is performed;

(4) A commissioned officer in active service with the Armed Forces of the United States and any other person authorized by regulation of the Armed Forces to perform notarial acts if the notarial act is performed for one (1) of the following or his dependents: a merchant seaman of the United States, a member of the Armed Forces of the United States, or any other person serving with or accompanying the Armed Forces of the United States;

(5) Any other person authorized to perform notarial acts in the place in which the act is performed; or

(6) A person, either a resident or a nonresident of Kentucky, who is appointed by the Governor of Kentucky to perform notarial acts in or outside this state covering writings prepared for recordation in this state.

Effective: July 15, 1982  History: Amended 1982 Ky. Acts ch. 144, sec. 1, effective July 15, 1982. — Amended 1976 Ky. Acts ch. 65, sec. 1. — Created 1970 Ky. Acts ch. 131, sec. 1, effective July 1, 1970.   

 
ANNOTATION FOR THIS STATUTE:
 

Hub City Wholesale Elec., Inc. v. Mik-Beth Elec. Co., Ltd., 621 S.W.2d 242 (Ky. App., 1981) July 3, 1981

    Notwithstanding any other provision of law … any instrument required to be sworn to or affirmed in order to be recorded may be admitted to record upon a jurat recognized under the provisions of KRS 423.110 to 423.190.

 
 
 
 

KRS 423.130 Certificate of person taking acknowledgment.

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 had satisfactory evidence that the person acknowledging was the person described in and who executed the instrument.

Effective: July 1, 1970  History: Created 1970 Ky. Acts ch. 131, sec. 3, effective July 1, 1970.
 
ANNOTATION FOR THIS STATUTE:
 

Saylor v. Deutsche Bank National Trust Company, No. 2006-CA-002311-MR (Ky. App. 10/12/2007) (Ky. App., 2007)

    Citing KRS 423.130 — a statute repealed in 1992 — the appellants also argue that the mortgage was somehow defective. It appears that the argument alleges that the obligation upon the note was discharged in the bankruptcy proceedings, and because the mortgage is defective, Saylor and Helton are now entitled to continue ownership of the property free and clear of both the note and the mortgage.

        The appellants do not cite us to their preservation of this argument as required by CR 76.12(4)(c)(iv), and our review of the record fails to disclose that the argument was made before the circuit court. It is elementary that a reviewing court will not consider for the first time an issue not raised in the trial court. Caslin v. General Elec. Co., 608 S.W.2d 69, 70 (Ky.App., 1980). We accordingly will not address this issue upon the merits.

CONCLUSION

        For the foregoing reasons the judgment of the Harlan Circuit Court is affirmed, and the cause is remanded for further proceedings consistent with this opinion.

        ALL CONCUR.   

 

KRS 423.140 Recognition of certificate of acknowledgment.

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 the laws or regulations applicable in the place in which the acknowledgment is taken; or

(3) The certificate contains the words "acknowledged before me," or their substantial equivalent.

Effective: July 1, 1970  History: 1970 Ky. Acts ch. 131, sec. 4, effective July 1, 1970.
 
 
ANNOTATION FOR THIS STATUTE:
 

Matthews v. Com., 163 S.W.3d 11 (KY, 2005) May 19, 2005

KRS 423.140, which governs the acceptance of certificates of acknowledgment performed outside of Kentucky, demonstrates that the term "acknowledgment" is intended to be an inclusive…  

 
 

KRS 423.150 Certificate of acknowledgment.

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 therein stated;

(b) A corporation, the officer or agent acknowledged he held the position or title set forth in the instrument and certificate, he signed the instrument on behalf of the corporation by proper authority, and the instrument was the act of the corporation for the purpose therein stated;

(c) A partnership, the partner or agent acknowledged he signed the instrument on behalf of the partnership by proper authority and he executed the instrument as the act of the partnership for the purpose therein stated;

(d) A person acknowledging as principal by an attorney in fact, he executed the instrument by proper authority as the act of the principal for the purposes therein stated;

(e) A person acknowledging as a public officer, trustee, administrator, guardian, or other representative, he signed the instrument by proper authority and he executed the instrument in the capacity and for the purposes therein stated; and

(4) That the person taking the acknowledgment either knew or had satisfactory evidence that the person acknowledging was the person named in the instrument or certificate.

Effective: July 1, 1970  History: Created 1970 Ky. Acts ch. 131, sec. 5, effective July 1, 1970.  

 
ANNOTATION FOR THIS STATUTE:
 

Matthews v. Com., 163 S.W.3d 11 (KY, 2005)                  May 19, 2005

See KRS 423.130 ("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 had satisfactory evidence that the person acknowledging was the person described in and who executed the instrument."); KRS 423.150 ("Certificate of   acknowledgment.

 

 

KRS 423.160 Short forms of acknowledgment.

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 forms in this section does not preclude the use of other forms.

(1) For an individual acting in his own right:

State of ……………………….
County of …………………….

The foregoing instrument was acknowledged before me this (date) by (name of person acknowledged).

(Signature of person taking acknowledgment)
(Title or rank)
(Serial number, if any)

(2) For a corporation:

State of ………………………….
County of ……………………….

The foregoing instrument was acknowledged before me this (date) by (name of officer or agent, title of officer or agent) of (name of corporation acknowledging) a (state or place of incorporation) corporation, on behalf of the corporation.

(Signature of person taking acknowledgment)
(Title or rank)
(Serial number, if any)

(3) For a partnership:

State of ………………………….
County of ……………………….

The foregoing instrument was acknowledged before me this (date) by (name of acknowledging partner or agent), partner (or agent) on behalf of (name of partnership), a partnership.

(Signature of person taking acknowledgment)
(Title or rank)
(Serial number, if any)

(4) For an individual acting as principal by an attorney-in-fact:

State of ………………………….
County of ……………………….

The foregoing instrument was acknowledged before me this (date) by (name of attorney-in-fact) as attorney-in-fact on behalf of (name of principal).

(Signature of person taking acknowledgment)
(Title or rank)
(Serial number, if any)

(5) By any public officer, trustee, or personal representative:

State of ………………………….
County of ……………………….

The foregoing instrument was acknowledged before me this (date) by (name and title of position).

(Signature of person taking acknowledgment)
(Title or rank)
(Serial number, if any)

Effective: July 1, 1970  History: Created 1970 Ky. Acts ch. 131, sec. 6, effective July 1, 1970.   

NO ANNOTATION FOR THIS STATUTE:  

 
 

KRS 423.170 Acknowledgments not affected by KRS 423.110 to 423.190.

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 laws or regulations of this state.

Effective: July 1, 1970  History: Created 1970 Ky. Acts ch. 131, sec. 7, effective July 1, 1970.
 

NO ANNOTATION FOR THIS STATUTE:  

 

KRS 423.180 Uniformity of interpretation.

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

Effective: July 1, 1970  History: Created 1970 Ky. Acts ch. 131, sec. 8, effective July 1, 1970.
 

NO ANNOTATION FOR THIS STATUTE:

 
 

KRS 423.190 Short title.

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

Effective: July 1, 1970  History: Created 1970 Ky. Acts ch. 131, sec. 9, effective July 1, 1970.
 
ANNOTATION FOR THIS STATUTE:  

Hub City Wholesale Elec., Inc. v. Mik-Beth Elec. Co., Ltd., 621 S.W.2d 242 (Ky. App., 1981)

The appellant argues here, as below, that K.R.S. 423.200 changes the requirement that mechanics’ lien statements be "subscribed and sworn to." That section was added to the Uniform Recognition of Acknowledgments Act (K.R.S. 423.110 to 423.190) and provides as follows:

        Notwithstanding any other provision of law … any instrument required to be sworn to or affirmed in order to be recorded may be admitted to record upon a jurat recognized under the provisions of KRS 423.110 to 423.190.

        The trial court held that although K.R.S. 423.200 removed the requirement that instruments be sworn to in order to be recorded, it did not lift the requirement that mechanics’ liens must be sworn to in order to be valid. We agree.

 
 
 

KRS 423.200 Admission of documents to the public record.

Notwithstanding any other provision of law, any certificate of an acknowledgment given and certified as provided by KRS 423.110 to 423.190 or as provided by those sections and other provisions of law, together with the instrument acknowledged, may be admitted to the public record provided for the type of instrument so acknowledged, and any instrument required to be sworn to or affirmed in order to be recorded may be admitted to record upon a jurat recognized under the provisions of KRS 423.110 to 423.190.

Effective: March 25, 1972  History: Created 1972 Ky. Acts ch. 170, sec. 1, effective March 25, 1972.

 
ANNOTATION FOR THIS STATUTE:   

Hub City Wholesale Elec., Inc. v. Mik-Beth Elec. Co., Ltd., 621 S.W.2d 242 (Ky. App., 1981) July 3, 1981

 The trial court held that although K.R.S. 423.200 removed the requirement that instruments be sworn to in order to be recorded, it did not lift the requirement that mechanics’ liens must be sworn to in order to be valid. We agree.

 
 

KRS 423.990 Penalties.

For each failure to record his protest as required by KRS 423.030, a notary public shall forfeit all his fees and shall be fined five dollars ($5).

Effective: January 2, 1978  History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 427, effective January 2, 1978. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3727.
 

NO ANNOTATION FOR THIS STATUTE:

 

 

 

 

1 reply

Leave a Reply

Want to join the discussion?
Feel free to contribute!

Leave a Reply