Kentucky Statutes 423.345 – Effect of notarial act performed in another state, under authority of tribe, or under authority of federal law
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(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 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.
(b) 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.
(c) 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.
(2) (a) A notarial act performed in another state has the same effect under the law of this state if the act performed is:
1. By a notary public of this state; and
2. In a civil action or legal proceeding originating in this state.
(b) 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.
(c) The signature and title of a notarial officer described in paragraph (a) or (b) of this subsection shall conclusively establish the authority of the officer to perform the notarial act.
(3) (a) 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.
(b) 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.
(c) 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.
(4) (a) 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) 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.
(c) 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: June 29, 2023
History: Amended 2023 Ky. Acts ch. 156, sec. 1, effective June 29, 2023. — Created
2019 Ky. Acts ch. 86, sec. 10, effective January 1, 2020.
1. A notary public of that state;
Terms Used In Kentucky Statutes 423.345
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
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.
(b) 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.
(c) 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.
(2) (a) A notarial act performed in another state has the same effect under the law of this state if the act performed is:
1. By a notary public of this state; and
2. In a civil action or legal proceeding originating in this state.
(b) 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.
(c) The signature and title of a notarial officer described in paragraph (a) or (b) of this subsection shall conclusively establish the authority of the officer to perform the notarial act.
(3) (a) 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.
(b) 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.
(c) 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.
(4) (a) 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) 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.
(c) 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: June 29, 2023
History: Amended 2023 Ky. Acts ch. 156, sec. 1, effective June 29, 2023. — Created
2019 Ky. Acts ch. 86, sec. 10, effective January 1, 2020.