Kentucky Notary cheat sheet

A Kentucky notary public is commissioned by the Secretary of State; the commission authorizes the notary to perform notarial acts statewide for the term set by statute.

An applicant must be at least 18 years old, a citizen or permanent legal resident of the United States, and a resident of Kentucky or a resident of a bordering state who maintains a Kentucky business address.

Application is filed with the Secretary of State, generally with a fee and an application form, and the applicant must be able to read and write English.

The applicant must not have been convicted of a felony or, if convicted, must have had civil rights restored as required by the application standards.

A surety bond in the amount set by statute must be obtained and filed with the Secretary of State before the commission is effective; the bond runs to the Commonwealth for the benefit of injured persons.

The notary must take and file an oath of office, and the commission term is four years, with reappointment requiring a new application before expiration.

A notary must obtain an official seal/stamp of the required form and may not perform notarial acts until commissioned, bonded, sworn, and sealed.

Resignation, change of name, or change of address must be reported to the Secretary of State, and a lost or stolen seal must be reported and the seal replaced.

Commissioned notaries are public officers for notarial purposes but are not state employees; they are personally responsible for their own acts and records.

A Kentucky notary may administer oaths and affirmations, take acknowledgments, take affidavits and depositions, and perform other notarial acts authorized by statute.

A notary may perform notarial acts only within Kentucky's borders unless the act is expressly authorized by another jurisdiction's law recognizing the notary's authority.

A notary may not perform a notarial act in a matter in which the notary has a direct or beneficial interest, is a party, or will receive a benefit from the transaction.

A notary may not notarize the notary's own signature, and may not certify a copy of a document if the notary is not authorized to do so under the applicable statute.

A notary has no authority to give legal advice, draft legal documents, select the type of notarial act, or explain the legal effect of a document.

A notary may not determine the truthfulness of a document's contents; the notary's role is limited to identifying the signer and administering the required procedure.

A notary's commission does not confer authority to act as a judge, sheriff, attorney, or immigration consultant, and notarial fees may not be split with non-notaries.

A notary may refuse to perform a notarial act if the notary is not satisfied that the signer is competent, willing, or properly identified, or if the act would be unlawful.

A notary public who is an attorney may perform notarial acts but remains bound by the same notarial prohibitions and conflict-of-interest rules.

An acknowledgment certifies that the signer personally appeared, was identified, and acknowledged executing the document voluntarily for its stated purpose.

A jurat (verification on oath or affirmation) certifies that the signer personally appeared, was identified, swore or affirmed the truth of the document's contents, and signed in the notary's presence.

In an acknowledgment, the signer need not sign in the notary's presence if the signer personally appears and acknowledges the prior signature; in a jurat, the signature must be made in the notary's presence.

An oath is a sworn promise or statement invoking a Supreme Being; an affirmation is a solemn declaration made without such an invocation and has the same legal effect.

When administering an oath or affirmation, the notary should confirm the signer's understanding, have the signer state the words of the oath or affirmation, and record the act in a journal.

A notary must be physically present with the signer for a traditional paper notarial act; the signer's identity must be established by satisfactory evidence.

A notarial act must be performed in the signer's presence, and the notary must be able to communicate directly with the signer in a language both understand or through a competent interpreter.

If the signer appears unable to understand the act or is being coerced, the notary must decline to perform the notarial act and may note the refusal in the journal.

A notary may not notarize a signature on a document that is blank or incomplete as to the notarial certificate, and must ensure the certificate matches the act performed.

Every notarial act must be evidenced by a certificate signed and dated by the notary, stating the act performed, the signer's name, the venue, and the date of the act.

The certificate must contain the notary's official signature, the notary's name as commissioned, the commission expiration date, and the notary's identification number if required.

The notary's official seal or stamp must be legible and include the notary's name, the words 'Notary Public' and 'Kentucky' or 'Commonwealth of Kentucky', and the commission expiration date.

The seal/stamp must be applied near the notary's signature on the certificate, and the notary must not obscure text or use a seal that is illegible or incomplete.

The certificate wording must match the act performed: acknowledgment wording for acknowledgments, jurat wording for oaths/affirmations, and copy certification wording where authorized.

A notarial certificate must not be altered after the notary signs; errors should be corrected by a new certificate or a dated correction initialed by the notary, not by erasure.

The notary must ensure the certificate is attached to or part of the document and identifies the document or transaction being notarized.

A notary may not certify that a document is true, correct, or legal; the certificate states only the notarial act performed and the facts the notary witnessed.

If the document lacks a notarial certificate, the notary may add one only if authorized to select the act; otherwise the signer must supply the correct certificate wording.

Satisfactory evidence of identity means identification based on at least one current, government-issued identification document with a photograph and signature, or on the oath of a credible witness personally known to the notary.

The notary must compare the photograph and physical description on the ID to the signer and must check that the ID is current and not expired.

Personal appearance means the signer is physically present before the notary at the time of the act; appearance by video alone is not sufficient for a traditional notarial act.

A credible witness must personally know the signer, must be identified by the notary, and must swear to the signer's identity; the notary must record the witness's identity in the journal.

The notary must not rely on a mere acquaintance, a copy of an ID, or a document without a photograph as satisfactory evidence unless the statute permits it.

If the notary cannot establish identity, the notary must refuse to perform the notarial act and may record the refusal.

The notary should confirm that the signer understands the document and is signing voluntarily, and should note any apparent incapacity or coercion.

A notary may not notarize for a signer who is not present, and may not accept a signature obtained before the signer appeared if the act requires presence at signing.

A Kentucky notary should maintain a journal of notarial acts recording the date and time, the type of act, the signer's name and address, the identification method, and the fee charged.

The journal entry should record the document type or title, the signer's signature (where practical), and any credible witness's name and address.

The journal must be kept for the period required by statute and must be available for inspection by the Secretary of State or other authorized officials.

Entries should be made at or near the time of the act, in ink, and should not be erased or altered; corrections should be noted and initialed.

The notary should retain a copy of the notarial certificate or a record of the act, and should safeguard the journal against loss or unauthorized access.

The journal is not a public record in the ordinary sense; the notary may disclose information from it only as authorized by law or with the signer's consent.

Upon resignation, death, or expiration of the commission, the journal and records should be delivered to the Secretary of State or retained as the statute requires.

A notary who uses an electronic journal must maintain a tamper-evident record and must be able to produce a complete audit trail of each notarial act.

Failure to maintain required records may be grounds for disciplinary action, including suspension or revocation of the commission.

A notary may not perform a notarial act in a transaction in which the notary is a party, has a direct financial or beneficial interest, or will receive a benefit from the transaction.

A notary may not notarize the notary's own signature or the signature of a spouse, child, or other person whose interest is adverse to the notary's interest.

A notary may not charge a fee greater than the statutory maximum and may not split notarial fees with any person who is not a notary.

A notary may not use the title 'notary public' to advertise legal services, immigration services, or the preparation of legal documents.

A notary may not perform a notarial act if the notary is named as a beneficiary, agent, or attorney-in-fact in the document being notarized.

A notary may not certify a copy of a document if the notary is not authorized to do so, and may not certify that a document is true or legally valid.

A notary may not disclose confidential information learned in the course of a notarial act except as required by law or authorized by the signer.

A notary may not perform a notarial act while the notary's commission is expired, suspended, or revoked, and may not use another person's seal or signature.

A notary may not discriminate in performing notarial acts on the basis of race, religion, national origin, sex, or other protected characteristic.

The maximum fee a Kentucky notary may charge for a notarial act is set by statute; the notary may charge less or nothing but may not exceed the cap.

A notary must post or provide a schedule of fees on request, and must give a receipt if requested; fees may not be contingent on the outcome of a transaction.

A notary is liable for damages caused by the notary's negligence, misconduct, or unauthorized act, and the surety bond may be claimed against by an injured person.

The surety bond is not insurance; it protects the public and the notary remains personally liable for losses exceeding the bond amount.

Grounds for discipline include fraud, misrepresentation, failure to maintain records, performing acts outside the commission, and conviction of a felony.

The Secretary of State may investigate complaints, require production of records, and impose sanctions including reprimand, suspension, revocation, and civil penalties.

A notary may be subject to criminal prosecution for false certification, forgery, or impersonation, in addition to administrative discipline.

A notary must cooperate with an investigation and may not retaliate against a person who files a complaint in good faith.

A notary whose commission is revoked may not reapply for a period set by statute and may be required to surrender the seal and records.

Electronic notarization uses electronic signatures and an electronic seal to perform a notarial act on an electronic document, and the notary must be physically present with the signer unless remote notarization is authorized.

Remote notarization uses audio-video communication technology to allow the notary and signer to appear before each other when they are not physically together, if authorized by law.

A remote notarial act requires identity proofing, credential analysis, and a recorded audio-video session, and the notary must confirm the signer's identity and willingness.

The electronic notarial certificate must include the notary's electronic signature, electronic seal, and the date and time of the act.

The notary must use a tamper-evident electronic journal and must retain the recording and journal for the period required by statute.

The notary must verify that the signer's electronic signature is attributable to the signer and that the document has not been altered after notarization.

Remote notarization is not permitted for every document type; the notary must confirm that the act and the document are eligible under applicable law.

The notary must ensure the technology used meets security and privacy requirements, and must not use a platform that does not provide an audit trail.

A notary performing electronic or remote notarization remains subject to the same conflict-of-interest, fee, and recordkeeping rules as for paper acts.