423.360 Certificate of notarial act.
487 words·~2 min read·
/ky/chapter-423/423-360A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)A notarial act shall be evidenced by a certificate. The certificate shall:
(a)Be executed contemporaneously with the performance of the notarial act;
(b)Be signed and dated by the notarial officer and, if the notarial officer is a
notary public, be signed in the same manner as on file with the Secretary of
State;
(c)Identify the jurisdiction in which the notarial act is performed;
(d)Contain the title of office and name of the notarial officer; and
(e)If the notarial officer is a notary public, indicate the commission number and
date of expiration, if there is an expiration date, of the officer's commission.
(2)If a notarial act is performed regarding a tangible record by a notarial officer,
including a notary public, the certificate shall contain the information specified in
paragraphs (b), (c), and
(d)of subsection
(1)of this section, along with the
additional information in paragraph
(e)of subsection
(1)of this section, if the
certificate is completed by a notary public. An official stamp may be affixed to or
embossed on the certificate. If a notarial act regarding an electronic record is
performed by a notarial officer, the certificate shall contain the information
specified in paragraphs (b), (c), and
(d)of subsection
(1)of this section, along with
the additional information in paragraph
(e)of subsection
(1)of this section if the
certificate is completed by a notary public. An official stamp may be attached to or
logically associated with the certificate.
(3)A certificate of a notarial act is sufficient if it meets the requirements of subsections
(1)and
(2)of this section and:
(a)Is in a short form set forth in KRS 423.365;
(b)Is in a form otherwise permitted by the laws of this state;
(c)Is in a form permitted by the law applicable in the jurisdiction in which the
notarial act was performed; or
(d)Sets forth the actions of the notarial officer and the actions are sufficient to
meet the requirements of the notarial act as provided in KRS 423.300 to
423.455 or other law of this state other than KRS 423.300 to 423.455.
(4)By executing a certificate of a notarial act, a notarial officer certifies that the officer
has complied with the requirements and made the determinations specified in KRS
423.300 to 423.455.
(5)A notarial officer may not affix the officer’s signature to, or logically associate it
with, a certificate until the notarial act has been performed.
(6)If a notarial act is performed regarding a tangible record, a certificate shall be part
of, or securely attached to, the record. If a notarial act is performed regarding an
electronic record, the certificate shall be affixed to, or logically associated with, the
electronic record. If the Secretary of State has established standards pursuant to
KRS 423.415 for attaching, affixing, or logically associating the certificate, the
process shall conform to the standards.