2011 Kentucky Revised Statutes CHAPTER 423 NOTARIES PUBLIC AND COMMISSIONERS OF FOREIGN DEEDS 423.010 Appointment, term, and qualifications of notaries -- County clerk has powers of notary when acting in capacity as clerk.
KY Rev Stat § 423.010 (1996 through Reg Sess) What's This?
423.010 Appointment, term, and qualifications of notaries -- County clerk has
powers of notary when acting in capacity as clerk.
(1)
(2)
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 () for the certificate.
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.
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