Kentucky Statutes 423.310 – Notarial acts — Tangible and electronic records — Online notary — Prohibited acts — Tangible copy of electronic record
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(1) A notarial officer may perform the following notarial acts: (a) Take acknowledgments;
(b) Administer oaths and affirmations;
(c) Take verifications of statements on oath or affirmation;
(d) Certify that a copy of any document, other than a document that is recorded or in the custody of any federal, state, or local governmental agency, office, or court, is a true copy;
(e) Certify depositions of witnesses;
(f) Make or note a protest of a negotiable instrument; (g) Witness or attest signatures; and
(h) Perform any notarial act authorized by a law of the Commonwealth other than
KRS 423.300 to 423.455.
(2) A notary public may perform any of the notarial acts listed in subsection (1) of this section with respect to tangible records and electronic records.
(3) Upon registration with the Secretary of State, an online notary may perform any of the notarial acts listed in subsection (1) of this section as an electronic notarization.
(4) A notarial officer shall not perform a notarial act with respect to a record to which the notarial officer or the notarial officer’s spouse or other member of the notarial officer’s immediate family is a party, or in which any of those individuals has a direct beneficial interest. A notarial act performed in violation of this subsection is voidable.
(5) A notarial officer may certify that a tangible copy of an electronic record is an accurate copy of the electronic record.
Effective: January 1, 2020
History: Created 2019 Ky. Acts ch. 86, sec. 3, effective January 1, 2020.
(b) Administer oaths and affirmations;
Terms Used In Kentucky Statutes 423.310
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Oath: A promise to tell the truth.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(c) Take verifications of statements on oath or affirmation;
(d) Certify that a copy of any document, other than a document that is recorded or in the custody of any federal, state, or local governmental agency, office, or court, is a true copy;
(e) Certify depositions of witnesses;
(f) Make or note a protest of a negotiable instrument; (g) Witness or attest signatures; and
(h) Perform any notarial act authorized by a law of the Commonwealth other than
KRS 423.300 to 423.455.
(2) A notary public may perform any of the notarial acts listed in subsection (1) of this section with respect to tangible records and electronic records.
(3) Upon registration with the Secretary of State, an online notary may perform any of the notarial acts listed in subsection (1) of this section as an electronic notarization.
(4) A notarial officer shall not perform a notarial act with respect to a record to which the notarial officer or the notarial officer’s spouse or other member of the notarial officer’s immediate family is a party, or in which any of those individuals has a direct beneficial interest. A notarial act performed in violation of this subsection is voidable.
(5) A notarial officer may certify that a tangible copy of an electronic record is an accurate copy of the electronic record.
Effective: January 1, 2020
History: Created 2019 Ky. Acts ch. 86, sec. 3, effective January 1, 2020.