423.440 Presumption of proper notarization -- Immunity of county clerk.

137 words·~1 min read·/ky/chapter-423/423-440

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)A writing or record that appears on its face to have been properly notarized in

accordance with KRS 423.300 to 423.455 shall be presumed to have been notarized

properly and may be recorded by the clerk.

(2)A writing or record notarized outside this state by a notary public or other person

referenced in KRS 423.345 or 423.350 that appears on its face to be properly

notarized shall be presumed to have been notarized properly in accordance with the

laws and regulations of the jurisdiction in which the document was notarized.

(3)The county clerk shall be immune from suit arising from any acts or omissions

relating to recording records that have been notarized by electronic means as set

forth in KRS 423.300 to 423.455 unless the clerk was grossly negligent or engaged

in willful misconduct.