Kentucky Notary flashcards

33 cards. Read the term and the definition here. The deck at the top of this page is optional.

Kentucky notary commission term

A Kentucky notary public is commissioned by the Secretary of State for a four-year term, and reappointment requires a new application and bond before the term expires.

Notary bond purpose

The surety bond is filed with the Secretary of State and runs to the Commonwealth for the benefit of persons harmed by the notary's misconduct; it is not insurance for the notary.

Eligibility to be notary

An applicant must be at least 18, a U.S. citizen or permanent legal resident, a Kentucky resident or border-state resident with a Kentucky business address, and able to read and write English.

Oath of office filing

Before performing notarial acts, the commissioned notary must take and file the oath of office and obtain the official seal required by statute.

Notary as public officer

A Kentucky notary is a public officer for notarial purposes but is not a state employee; the notary is personally responsible for notarial acts and records.

Statewide authority limit

A Kentucky notary may perform notarial acts anywhere in Kentucky but generally may not perform acts outside the state unless another jurisdiction's law recognizes the authority.

No legal advice rule

A notary may not give legal advice, draft legal documents, choose the type of notarial act for the signer, or explain the legal effect of a document.

Refusal to notarize

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

Acknowledgment defined

An acknowledgment certifies that the signer personally appeared, was identified, and acknowledged executing the document voluntarily for its stated purpose; the signature need not be made in the notary's presence.

Jurat defined

A jurat 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.

Oath versus affirmation

An oath invokes a Supreme Being as witness to a sworn statement, while an affirmation is a solemn declaration made without such invocation; both have the same legal effect.

Presence at notarial act

For a traditional paper notarial act, the signer must be physically present before the notary, and the notary must be able to communicate directly with the signer or through an interpreter.

Certificate required contents

A notarial certificate must state the act performed, the signer's name, the venue, the date, and the notary's signature, name as commissioned, and commission expiration date.

Official seal elements

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

Certificate must match act

The wording of the notarial certificate must match the act actually performed, using acknowledgment wording for acknowledgments and jurat wording for oaths and affirmations.

No true or legal certification

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

Satisfactory evidence of identity

Satisfactory evidence means a current government-issued photo identification with signature, or the sworn statement of a credible witness who personally knows the signer and is identified by the notary.

Personal appearance meaning

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

Credible witness requirements

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

Refusal when identity unclear

If the notary cannot establish the signer's identity with satisfactory evidence, the notary must decline to perform the notarial act and may record the refusal.

Journal required entries

The journal should record the date and time, type of act, signer's name and address, identification method, document title, and fee charged for each notarial act.

Journal correction practice

Journal entries should be made in ink at or near the time of the act and should not be erased; corrections should be noted and initialed by the notary.

Journal retention and inspection

The notary must retain the journal for the statutory period and make it available to the Secretary of State or other authorized officials upon request.

Electronic journal audit trail

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

Disqualifying interest rule

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.

Self and family notarization

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.

Fee splitting prohibition

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

Unauthorized practice limits

A notary may not use the title notary public to advertise legal or immigration services or to prepare legal documents for others.

Statutory fee cap

Kentucky sets a maximum fee a notary may charge per notarial act; a notary may charge less or nothing but may not exceed the cap.

Bond versus liability

The surety bond protects the public and may be claimed against by an injured person, but it is not insurance; the notary remains personally liable for losses beyond the bond.

Grounds for discipline

Grounds include fraud, misrepresentation, failure to keep required records, performing acts outside the commission, and felony conviction; sanctions range from reprimand to revocation.

Electronic notarization defined

Electronic notarization uses electronic signatures and an electronic seal on an electronic document, with the notary physically present unless remote notarization is separately authorized.

Remote notarization safeguards

Remote notarization uses audio-video technology and requires identity proofing, credential analysis, a recorded session, and a tamper-evident journal retained for the statutory period.