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What are the qualifications for a notary public?
A notary public must be eighteen (18) years of age, a resident of the county from which she/he makes application or be principally employed in the county from which he/she makes the application, of good moral character and capable of discharging the duties imposed upon her/him by law.
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For what period of time is a notary issued?
A notary public’s term of office is for four years.
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What is the fee for becoming a notary?
The fee is $10.00. Applicants should send the fee along with their application to the Secretary of State’s Office, 148 Capitol Building, 700 Capitol Avenue, PO Box 821, Frankfort, Kentucky 40601. Make checks payable to the Kentucky State Treasurer.
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What happens after you send in the application and fee?
If the Secretary of State approves your application and makes the appointment, the certificate of appointment will be sent to the county court clerk of the applicant’s residence or the county from which he/she makes application. as indicated on the application. At the same time this is sent, a letter notifying you of your appointment will be sent to your home address. Within (30) days of receiving your letter, you must go the county clerk’s office and (1) take the oath of office, (2) post bond and (3) file and record your appointment.
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What is the Oath of Office that a Notary has to take?
"I do solemnly swear that I will support the Constitution of the United States and the Constitution of this Commonwealth, and be faithful and true to the Commonwealth of Kentucky so long as I continue a citizen thereof, and that I will faithfully execute, to the best of my ability, the office of notary public according to law; and I do further solemnly swear that since the adoption of the present Constitution, I, being a citizen of this State, have not fought a duel with deadly weapons within this State, nor out of it, nor have I sent or accepted a challenge to fight a duel with deadly weapons, nor have I acted as second in carrying a challenge, nor aided or assisted any person thus offending, so help me God."
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What happens if you forget to take the oath and file the bond within the 30-day period?
If you fail to take the oath of office and post bond within the 30-day filing period or a reasonable time thereafter, your office becomes vacant. If you still wish to be appointed a notary, you will have to send another completed application and pay another $10 fee to the Secretary of State.
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What are the bond requirements?
Bond requirements vary in each county. Please contact your county clerk for specific information.
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What is the procedure for cancellation of a notary bond?
This situation is not specifically addressed in the statutes but suggested courses of action could include:
1) The surety could contact the notary stating that they no longer wish to serve as surety and ask the notary to voluntarily obtain another surety. A subsequent posting and recording of the bond at the county clerk would then be required.
2) If the notary does not voluntarily obtain another surety, the surety could petition the district court to issue an order removing the surety from the notary’s bond. This order of removal could then be filed with the county clerk.
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If there has been a name change since the issuance of the notary certificate, what name should be used?
The name as it appears on your certificate should be used. You may put your new name in parenthesis if you would like.
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What is a notary authorized to do?
A notary public can administer oaths and take proof of execution and acknowledgments of instruments.
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What does acknowledge mean?
An acknowledgment is a verification that the person whose signature appears on the document is the person who appears before you and whose identity you took reasonable steps to verify.
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Can I acknowledge a signature that was placed on the document before it was brought to me for notarization?
Yes. You must verify that the signature on the document matches the signature on the identification which the signer presented to you and to the signature of the signer in your journal.
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What is a jurat?
A jurat is a signature made under oath. In this instance, you must watch the signer sign the document.
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What is the difference between a jurat and an acknowledgment?
A jurat authenticates a signature made under oath or affirmation. A jurat proves that the signer personally appeared before the notary; the signer was positively identified by the notary; the notary placed the signer under oath; and the notary watched the signature being made. In a jurat, the notary does have to see the signer sign the document and the notary must place the signer under oath before the signer signs the document. An acknowledgment authenticates a signature. An acknowledgment proves that the signer personally appeared before a notary; the notary identified the signer; and the signature on the document matches the signature on the identification which the signer presented to you and to the signature in your journal. For an acknowledgment, the notary only has to verify the signature on the document is that of the signer. The notary does not have to watch the signature be made.
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How does a notary acknowledge a document?
A notary first identifies the signer to be the person whose name is signed to the document. The identification can be made through personal knowledge or through appropriate credentials such as a driver’s license. The notary completes the certificate of acknowledgment by writing or typing on the document the appropriate “acknowledged before me” phrase and signing her or his name and commission expiration date underneath. Documents will often have the acknowledgment phrase pre-printed on them, in which case the notary merely fills in the blanks.
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What types of oaths is a Kentucky notary authorized to administer?
The Kentucky notary public is empowered to administer most types of oaths. These fall into two categories: (1) oaths of office and (2) oaths of testimony.
State law sets forth the form of the oath of office for most public officials. Some oaths of office must be administered by a specific official other than a notary. If you are uncertain, ask for legal advice.
The oath of testimony is used to swear a person to the truthfulness of her/his statement (written or oral). The oath is familiar: “Do you solemnly swear to tell (or write) the truth, the whole truth and nothing but the truth, so help you God?” or “Do you swear or affirm to tell (or write) the truth, the whole truth and nothing but the truth?” Depositions, affidavits, hearings and government documents are common occasions for the use of the oath of testimony.
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Can I notarize something for myself?
No. Though self-notarization is not specifically prohibited by statute, the practice would defeat the entire purpose of a certificate of acknowledgment, which is to obtain independent, reliable confirmation of the act of signing a document.
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Can I notarize documents for my family?
There is no specific prohibition against notarizing for a family member. You should probably avoid the practice, however, to avoid any possible challenges based upon allegation of bias, conflict of interest or other impropriety.