CHAPTER 156
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1
CHAPTER 156
( SB 123 )
AN ACT relating to notarial acts.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
ď˘Section 1. KRS 423.345 is amended to read as follows:
(1) (a) A notarial act performed in another state has the same effect under the law of this state as if performed
by a notarial officer of this state, if the act performed in that state is performed by:
1. A notary public of that state;
2. A judge, clerk, or deputy clerk of a court of that state; or
3. Any other individual authorized by the law of that state to perform the notarial act.
(b) 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.
(c) The signature and title of a notarial officer described in paragraph (a) or (b) of this subsection
conclusively establish the authority of the officer to perform the notarial act.
(2) (a) A notarial act performed in another state has the same effect under the law of this state if the act
performed is:
1. By a notary public of this state; and
2. In a civil action or legal proceeding originating in this state.
(b) 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.
(c) The signature and title of a notarial officer described in paragraph (a) or (b) of this subsection shall
conclusively establish the authority of the officer to perform the notarial act.
(3) (a) A notarial act performed under the authority and in the jurisdiction of a federally recognized Indian
tribe has the same effect as if performed by a notarial officer of this state, if the act performed in the
jurisdiction of the tribe is performed by:
1. A notary public of the tribe;
2. A judge, clerk, or deputy clerk of a court of the tribe; or
3. Any other individual authorized by the law of the tribe to perform the notarial act.
(b) The signature and title of an individual performing a notarial act under the authority and in the
jurisdiction of a federally recognized Indian tribe are prima facie evidence that the signature is genuine
and that the individual holds the designated title.
(c) The signature and title of a notarial officer described in paragraph (a) or (b) of this subsection
conclusively establish the authority of the notarial officer to perform the notarial act.
(4)[(3)] (a) A notarial act performed under the authority of federal law has the same effect under the law of
this state as if performed by a notarial officer of this state, if the act performed under federal law is
performed by:
1. A judge, clerk, or deputy clerk of a court;
2. An individual in military service or performing duties under the authority of military service who
is authorized to perform notarial acts under federal law;
3. An individual designated a notarizing officer by the United States Department of State for
performing notarial acts overseas; or
4. Any other individual authorized by federal law to perform the notarial act. ACTS OF THE GENERAL ASSEMBLY 2
(b) The signature and title of an individual acting under federal authority and performing a notarial act are
prima facie evidence that the signature is genuine and that the individual holds the designated title.
(c) The signature and title of an officer described in paragraph (a) or (b) of this subsection conclusively
establish the authority of the officer to perform the notarial act.
Signed by Governor March 31, 2023.