2013 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.
Download as PDF
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 ($10) 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.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.