KY Senate Bill 123

Legislation

State: Kentucky
Signed: March 31, 2023

Effective: June 28, 2023
Chapter: 156

Summary
Senate Bill 123 will recognize a notarial act performed outside Kentucky by a Kentucky Notary Public under certain circumstances.

Affects
Amends Section 423.345 of the Kentucky Revised Statutes.

Changes

Recognizes a notarial act performed in another state if the notarial act performed is (a) by a Notary Public of Kentucky and (b) in a civil action or legal proceeding originating in Kentucky.
Provides that the signature and title of an individual performing a notarial act in another state are prima facie evidence that the signature is genuine and that the individual holds the designated title.
Provides that the signature and title of a Notary Public shall conclusively establish the authority of the officer to perform the notarial act.

Analysis

Under the laws of most states, a notarial act performed by a Notary Public commissioned by the state is recognized in the state. In addition, notarial acts performed by Notaries Public and notarial officers in other U.S. states are also recognized. Kentucky has these laws in place. Senate Bill 123 now will recognize a notarial act performed outside Kentucky by a Kentucky Notary if the notarial act pertains to a civil action or legal proceeding originating in Kentucky.

The history of Senate Bill 123 is tied up in the enactment of the Revised Uniform Law on Notarial Acts by Kentucky in 2019. Before 2019 there were two types of commissions — Special Commission and State at Large — and these commissions exist today. The former allows Kentucky Notaries to perform notarial acts inside or outside Kentucky while the latter allow Notaries to perform notarial acts inside Kentucky only. KRS 423.110(6) is the authority for the Special Commission, and that statute was not repealed when the RULONA became effective in Kentucky in January 2020.

These two types of commission remain to the current day, but the NNA has been told that the Governor’s office, which is responsible for issuing Special Commissions, has not been issuing them. Confusion has resulted, especially among attorneys and Notaries who were used to being able to perform notarial acts outside Kentucky for recognition in Kentucky. So, Senate Bill 123 attempts to fix this. Note that the scope of notarial acts performed by Kentucky Notaries outside the Commonwealth for recognition within the Commonwealth is limited to notarial acts performed in a civil action or legal proceeding originating in Kentucky.

Read Senate Bill 123.