The Expired Commission and the Indiana Move
Kyle's Kentucky notary commission expired on January 31. He did not renew because he moved across the river to Indiana and thought he could keep using his stamp while working in Louisville. On February 14 he notarized a deed for a coworker, using his old stamp, which still shows the January 31 expiration date. The coworker's lender accepts the deed. In March, Kyle applies to renew and asks whether he can backdate the February 14 journal entry to January 30 so the deed looks timely. He also asks whether his Indiana residency disqualifies him from a new commission. Analyze the validity of the February 14 notarization, the backdating request, and the residency/eligibility issue.
1. Was the February 14 notarization valid? What should happen to the deed?
Read the worked answer
No. A Kentucky notary commission runs for a fixed term, commonly four years, and the notary's authority ends when the commission expires unless it is renewed. On February 14 Kyle was not a commissioned notary, so he had no authority to perform the acknowledgment. The stamp's old expiration date does not extend his commission. The deed is defective and should be re-notarized by a currently commissioned notary. The lender's acceptance does not make the act valid; it may surface later in recording or litigation. Kyle should not notarize it again unless he is properly recommissioned.
2. May Kyle backdate the journal entry to January 30? Why or why not?
Read the worked answer
No. Backdating a journal entry is a false record. Kyle must record the February 14 act accurately, with the actual date and time, and note that his commission had expired if he records it at all. He cannot make an unauthorized act look timely. If he has already made a false entry, he should not destroy the journal; he should consult the commissioning authority or counsel about correcting the record. Backdating can support allegations of misconduct and undermine his renewal.
3. Does Kyle's Indiana residency disqualify him? What must he show to be commissioned?
Read the worked answer
It depends on Kentucky's eligibility rules. Kentucky generally requires an applicant to be a Kentucky resident or, for residents of an adjoining state, to be employed in Kentucky. Kyle lives in Indiana, which adjoins Kentucky, and works in Louisville, so he may be eligible if he can document the Kentucky employment requirement. He must still file a new application, meet age and character requirements, post any required bond, take the oath, and obtain a new commission and compliant stamp. He should not assume renewal is automatic; he should confirm the current requirements with the Secretary of State before performing any new notarial act.