UNOFFICIAL COPY 23 RS SB 123/GA
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SB012310.100 - 1269 - XXXX 3/7/2023 5:11 PM GA
AN ACT relating to notarial acts. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘Section 1. KRS 423.345 is amended to read as follows: 3
(1) (a) A notarial act performed in another state has the same effect under the law of 4
this state as if performed by a notarial officer of this state, if the act performed 5
in that state is performed by: 6
1. A notary public of that state; 7
2. A judge, clerk, or deputy clerk of a court of that state; or 8
3. Any other individual authorized by the law of that state to perform the 9
notarial act. 10
(b) The signature and title of an individual performing a notarial act in another 11
state are prima facie evidence that the signature is genuine and that the 12
individual holds the designated title. 13
(c) The signature and title of a notarial officer described in paragraph (a) or (b) of 14
this subsection conclusively establish the authority of the officer to perform 15
the notarial act. 16
(2) (a) A notarial act performed in another state has the same effect under the law 17
of this state if the act performed is: 18
1. By a notary public of this state; and 19
2. In a civil action or legal proceeding originating in this state. 20
(b) The signature and title of an individual performing a notarial act in another 21
state are prima facie evidence that the signature is genuine and that the 22
individual holds the designated title. 23
(c) The signature and title of a notarial officer described in paragraph (a) or 24
(b) of this subsection shall conclusively establish the authority of the officer 25
to perform the notarial act. 26
(3) (a) A notarial act performed under the authority and in the jurisdiction of a 27 UNOFFICIAL COPY 23 RS SB 123/GA
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federally recognized Indian tribe has the same effect as if performed by a 1
notarial officer of this state, if the act performed in the jurisdiction of the tribe 2
is performed by: 3
1. A notary public of the tribe; 4
2. A judge, clerk, or deputy clerk of a court of the tribe; or 5
3. Any other individual authorized by the law of the tribe to perform the 6
notarial act. 7
(b) The signature and title of an individual performing a notarial act under the 8
authority and in the jurisdiction of a federally recognized Indian tribe are 9
prima facie evidence that the signature is genuine and that the individual holds 10
the designated title. 11
(c) The signature and title of a notarial officer described in paragraph (a) or (b) of 12
this subsection conclusively establish the authority of the notarial officer to 13
perform the notarial act. 14
(4)[(3)] (a) A notarial act performed under the authority of federal law has the same 15
effect under the law of this state as if performed by a notarial officer of this 16
state, if the act performed under federal law is performed by: 17
1. A judge, clerk, or deputy clerk of a court; 18
2. An individual in military service or performing duties under the 19
authority of military service who is authorized to perform notarial acts 20
under federal law; 21
3. An individual designated a notarizing officer by the United States 22
Department of State for performing notarial acts overseas; or 23
4. Any other individual authorized by federal law to perform the notarial 24
act. 25
(b) The signature and title of an individual acting under federal authority and 26
performing a notarial act are prima facie evidence that the signature is genuine 27 UNOFFICIAL COPY 23 RS SB 123/GA
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and that the individual holds the designated title. 1
(c) The signature and title of an officer described in paragraph (a) or (b) of this 2
subsection conclusively establish the authority of the officer to perform the 3
notarial act. 4