2021 Kentucky Revised Statutes Chapter 423 - Notaries public and commissioners of foreign deeds 423.345 Effect of notarial act performed in another state, under authority of tribe, or under authority of federal law.
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423.345 Effect of notarial act performed in another state, under authority of tribe,
or under authority of federal law.
(1)
(a)
(b)
(c)
(2)
(a)
(b)
(c)
(3)
(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 judge, clerk, or deputy clerk of a court of that state; or
3.
Any other individual authorized by the law of that state to perform the
notarial act.
The signature and title of an individual performing a notarial act in another
state are prima facie evidence that the signature is genuine and that the
individual holds the designated title.
The signature and title of a notarial officer described in paragraph (a) or (b) of
this subsection conclusively establish the authority of the officer to perform
the notarial act.
A notarial act performed under the authority and in the jurisdiction of a
federally recognized Indian tribe has the same effect as if performed by a
notarial officer of this state, if the act performed in the jurisdiction of the tribe
is performed by:
1.
A notary public of the tribe;
2.
A judge, clerk, or deputy clerk of a court of the tribe; or
3.
Any other individual authorized by the law of the tribe to perform the
notarial act.
The signature and title of an individual performing a notarial act under the
authority and in the jurisdiction of a federally recognized Indian tribe are
prima facie evidence that the signature is genuine and that the individual holds
the designated title.
The signature and title of a notarial officer described in paragraph (a) or (b) of
this subsection conclusively establish the authority of the notarial officer to
perform the notarial act.
A notarial act performed under the authority of federal law has the same effect
under the law of this state as if performed by a notarial officer of this state, if
the act performed under federal law is performed by:
1.
A judge, clerk, or deputy clerk of a court;
2.
An individual in military service or performing duties under the
authority of military service who is authorized to perform notarial acts
under federal law;
3.
An individual designated a notarizing officer by the United States
Department of State for performing notarial acts overseas; or
4.
Any other individual authorized by federal law to perform the notarial
act.
(b)
(c)
The signature and title of an individual acting under federal authority and
performing a notarial act are prima facie evidence that the signature is genuine
and that the individual holds the designated title.
The signature and title of an officer described in paragraph (a) or (b) of this
subsection conclusively establish the authority of the officer to perform the
notarial act.
Effective: January 1, 2020
History: Created 2019 Ky. Acts ch. 86, sec. 10, effective January 1, 2020.
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