UNOFFICIAL COPY 24 RS BR 2363
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AN ACT relating to Canadian money judgments. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 426A IS CREATED TO 3
READ AS FOLLOWS: 4
Sections 1 to 11 of this Act may be cited as the Uniform Registration of Canadian 5
Money Judgments Act. 6
SECTION 2. A NEW SECTION OF KRS CHAPTER 426A IS CREATED TO 7
READ AS FOLLOWS: 8
As used in Sections 1 to 11 of this Act: 9
(1) "Canada" means the sovereign nation of Canada and its provinces and 10
territories. "Canadian" has a corresponding meaning; and 11
(2) "Canadian judgment" means a judgment of a court of Canada, other than a 12
judgment that recognized the judgment of another foreign country. 13
SECTION 3. A NEW SECTION OF KRS CHAPTER 426A IS CREATED TO 14
READ AS FOLLOWS: 15
(1) Sections 1 to 11 of this Act shall apply to a Canadian judgment to the extent the 16
judgment is within the scope of Section 3 of the Uniform Foreign-Country Money 17
Judgments Recognition Act, if recognition of the judgment is sought to enforce 18
the judgment. 19
(2) A Canadian judgment that grants both recovery of a sum of money and other 20
relief may be registered under Sections 1 to 11 of this Act, but only to the extent 21
of the grant of recovery of a sum of money. 22
(3) A Canadian judgment regarding subject matter both within and not within the 23
scope of Sections 1 to 11 of this Act may be registered under Sections 1 to 11 of 24
this Act, but only to the extent the judgment is with regard to subject matter 25
within the scope of Sections 1 to 11 of this Act. 26
SECTION 4. A NEW SECTION OF KRS CHAPTER 426A IS CREATED TO 27 UNOFFICIAL COPY 24 RS BR 2363
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READ AS FOLLOWS: 1
(1) A person seeking recognition of a Canadian judgment described in Section 3 of 2
this Act to enforce the judgment may file the judgment in the office of clerk of the 3
court in which an action for recognition of the judgment could be filed under 4
Section 6 of the Uniform Foreign-Country Money Judgments Recognition Act. 5
(2) A registration under subsection (1) of this section shall be executed by the person 6
registering the judgment or the person's attorney and include: 7
(a) A copy of the Canadian judgment authenticated under Section 6 of the 8
Uniform Foreign-Country Money Judgments Recognition Act as an 9
accurate copy by the court that entered the judgment; 10
(b) The name and address of the person registering the judgment; 11
(c) If the person registering the judgment is not the person in whose favor the 12
judgment was rendered, a statement describing the interest the person 13
registering the judgment has in the judgment which entitles the person to 14
seek its recognition and enforcement; 15
(d) The name and last known address of the person against whom the judgment 16
is being registered; 17
(e) If the judgment is of the type described in subsection (2) or (3) of Section 3 18
of this Act, a description of the part of the judgment being registered; 19
(f) The amount of the judgment or part of the judgment being registered 20
identifying: 21
1. The amount of interest accrued as of the date of registration on the 22
judgment or part of the judgment being registered, the rate of interest, 23
the part of the judgment to which interest applies, and the date when 24
the interest began to accrue; 25
2. Costs and expenses included in the judgment or part of the judgment 26
being registered, other than an amount awarded for attorney's fees; 27 UNOFFICIAL COPY 24 RS BR 2363
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and 1
3. The amount of any award of attorney's fees included in the judgment 2
or part of the judgment being registered; 3
(g) The amount, as of the date of registration, of post-judgment costs, expenses, 4
and attorney's fees claimed by the person registering the judgment or part 5
of the judgment; 6
(h) The amount of the judgment or part of the judgment being registered which 7
has been satisfied as of the date of registration; 8
(i) A statement that: 9
1. The judgment is final, conclusive, and enforceable under the law of 10
the Canadian jurisdiction in which it was rendered; 11
2. The judgment or part of the judgment being registered is within the 12
scope of Sections 1 to 11 of this Act; and 13
3. If a part of the judgment is being registered, the amounts stated in the 14
registration under paragraphs (f), (g), and (h) of this subsection relate 15
to the part being registered; 16
(j) If the judgment is not in English, a certified translation of the judgment 17
into English; and 18
(k) A registration fee set by rule of the Kentucky Supreme Court in accordance 19
with KRS 23A.200 and 24A.170. 20
(3) On receipt of a registration that includes the documents, information, and 21
registration fee required in subsection (2) of this section, the clerk of the court 22
shall file the registration and, except as may be otherwise provided in Sections 1 23
to 11 of this Act, shall treat the judgment in the same manner as a judgment of 24
any court or this state as provided in KRS 426.955. 25
(4) A registration substantially in the following form complies with the registration 26
requirements in subsection (2) of this section if the registration includes the 27 UNOFFICIAL COPY 24 RS BR 2363
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attachments specified in the form: 1
"REGISTRATION OF CANADIAN MONEY JUDGMENT 2
Complete and file this form, together with the documents required by Part V of this 3
form, with the clerk of the court. When stating an amount of money, identify the 4
currency in which the amount is stated. 5
PART I. IDENTIFICATION OF CANADIAN JUDGMENT 6
Canadian Court Rendering the Judgment: ___________________________ 7
Case/Docket Number in Canadian Court: ____________________________ 8
Name of Plaintiff(s): _____________________________________________ 9
Name of Defendant(s):____________________________________________ 10
The Canadian Court entered the judgment on _________(Date) in ___________(City) 11
in ____________________(Province or Territory). 12
The judgment includes an award for the payment of money in favor of _________in 13
the amount of ____________________________. 14
If only part of the Canadian judgment is subject to registration pursuant to subsections 15
(2) and (3) of Section 3 of this Act, describe the part of the judgment being registered: 16
_____________________________________________________. 17
PART II. IDENTIFICATION OF PERSON REGIS TERING JUDGMENT AND 18
PERSON AGAINST WHOM JUDGMENT IS BEING REGISTERED 19
Provide the following information for all persons seeking to register the judgment 20
under this registration and all persons against whom the judgment is being registered 21
under this registration. 22
Name of person(s) registering judgment:__________________________. 23
If the person registering the judgment is not the person in whose favor the judgment 24
was rendered, describe the interest the person registering the judgment has in the 25
judgment which entitles the person to seek its recognition and 26
enforcement:______________________________________________________ 27 UNOFFICIAL COPY 24 RS BR 2363
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Address:__________________________________________________________ 1
Additional Contact Information for Person(s) Registering Judgment (Optional):______ 2
Telephone Number: __________________FAX Number:_______________ 3
Email Address: ________________________ 4
Name of Attorney for Person(s) Registering Judgment, if any: ____________________ 5
Address: ______________________________ 6
Telephone Number: ________________FAX Number:_________________ 7
Email Address: _________________________ 8
Name of Person(s) Against Whom Judgment is Being Registered:_________________ 9
Address of Person(s) Against Whom Judgment is Being Registered (provide the most 10
recent address known):________________________________. 11
Additional contact information for Person(s) Against Whom Judgment is Being 12
Registered (Optional) (provide most recent information known): 13
Telephone Number: _________________FAX Number:_________________ 14
Email Address: ________________________ 15
PART III. CALCULATION OF AMOUNT FOR WHICH ENFORCEMENT IS 16
SOUGHT 17
Identify the currency or currencies in which each amount is stated. 18
The amount of the Canadian judgment or part of the judgment being registered is 19
_______________________. 20
The amount of interest accrued as of the date of registration on the part of the 21
judgment being registered is _______________________________. 22
The applicable rate of interest is __________________. The date when interest began 23
to accrue is ________________. The part of the judgment to which the interest applies 24
is ___________________________. 25
The Canadian court awarded costs and expenses relating to the part of the judgment 26
being registered in the amount of _________(Exclude any amount included in the 27 UNOFFICIAL COPY 24 RS BR 2363
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award of costs and expenses that represents an award of attorney's fees). 1
The Canadian court awarded attorney's fees relating to the part of the judgment being 2
registered in the amount of ___________________. 3
The person registering the Canadian judgment claims post-judgment costs and 4
expenses of _______________ and post-judgment attorney's fees of _______________ 5
relating to the part of the judgment being registered (include only costs, expenses, and 6
attorney's fees incurred before registration). 7
The amount of the part of the judgment being registered that has been satisfied as of 8
the date of registration is __________________. 9
The total amount for which enforcement of the part of the judgment being registered is 10
sought is _______________________________. 11
PART IV. STATEMENT OF PERSON REGISTERING JUDGMENT 12
I, ___________________(Person registering judgment or attorney for person 13
registering judgment), state: 14
1. The Canadian judgment is final, conclusive, and enforceable under the law 15
of the Canadian jurisdiction in which it was rendered. 16
2. The Canadian judgment or part of the Canadian judgment being registered 17
is within the scope of Sections 1 to 11 of this Act. 18
3. If only a part of the Canadian judgment is being registered, the amounts 19
stated in Part III of this form that relate to that part. 20
PART V. ITEMS REQUIRED TO BE INCLUDED WITH REGISTRATION 21
Attached are (check to signify required items are included): 22
______A copy of the Canadian judgment authenticated as accurate by the Canadian 23
court that entered the judgment in the same manner a copy of a foreign judgment is 24
authenticated in an action under Section 6 of the Uniform Foreign-Country Money 25
Judgments Recognition Act. 26
______If the Canadian judgment is not in English, a certified translation of the 27 UNOFFICIAL COPY 24 RS BR 2363
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judgment into English. 1
_______A registration fee in the amount established by the Supreme Court of 2
Kentucky. 3
I declare that the information provided on this form is true and correct to the best 4
of my knowledge and belief. 5
Submitted by:________________________________ 6
Person Registering Judgment or Attorney for Person 7
Registering Judgment (Specify Whether Signer is the 8
Person Registering the Judgment or that Person's 9
Attorney) 10
Date of Submission: ___________________________ 11
SECTION 5. A NEW SECTION OF KRS CHAPTER 426A IS CREATED TO 12
READ AS FOLLOWS: 13
(1) Subject to subsection (2) of this section, a Canadian judgment registered under 14
Section 4 of this Act has the same effect provided in Section 7 of the Uniform 15
Foreign-Country Money Judgments Recognition Act for a judgment a court 16
determines to be entitled to recognition. 17
(2) A Canadian judgment registered under Section 4 of this Act shall not be enforced 18
by sale or other disposition of property, or by seizure of property, until thirty-one 19
(31) days after notice of registration under Section 6 of this Act is served. The 20
court for cause may provide for a shorter or longer time. This subsection shall 21
not preclude use of relief available under the laws of this state other than 22
Sections 1 to 11 of this Act to prevent dissipation, disposition, or removal of 23
property. 24
SECTION 6. A NEW SECTION OF KRS CHAPTER 426A IS CREATED TO 25
READ AS FOLLOWS: 26
(1) A person that registers a Canadian judgment under Section 4 of this Act shall 27 UNOFFICIAL COPY 24 RS BR 2363
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cause notice of registration to be served on the person against whom the 1
judgment has been registered. 2
(2) Notice under this section shall be served in the same manner as a summons and 3
complaint is required to be served in an action seeking recognition under Section 4
6 of the Uniform Foreign-Country Money Judgments Recognition Act of a 5
foreign-country money judgment. 6
(3) Notice under this section shall include: 7
(a) The date of registration and the court in which the judgment was registered; 8
(b) The case number assigned to the registration; 9
(c) The name and address of: 10
1. The person registering the judgment; and 11
2. The person's attorney, if any; 12
(d) A copy of the registration, including the documents required under 13
subsection (2) of Section 4 of this Act; and 14
(e) A statement that: 15
1. The person against whom the judgment has been registered, not later 16
than thirty (30) days after the date of service of notice, may petition 17
the court to vacate the registration; and 18
2. The court may, for good cause shown, provide for a shorter or longer 19
time. 20
(4) Proof of service of the notice under this section shall be filed with the court. 21
SECTION 7. A NEW SECTION OF KRS CHAPTER 426A IS CREATED TO 22
READ AS FOLLOWS: 23
(1) No later than thirty (30) days after service of the notice required under Section 6 24
of this Act, the person against whom the judgment was registered may petition the 25
court to vacate the registration. The court, for good cause shown, may provide for 26
a shorter or longer time for filing the petition. 27 UNOFFICIAL COPY 24 RS BR 2363
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(2) A petition filed under this section may only assert: 1
(a) A ground that could be asserted to deny recognition of the judgment under 2
the Uniform Foreign-Country Money Judgments Recognition Act; or 3
(b) A failure to comply with a requirement of Sections 1 to 11 of this Act for 4
registration of the judgment. 5
(3) A petition filed under this section shall not in and of itself stay enforcement of the 6
registered judgment. 7
(4) If the court grants a petition under this section, the registration shall be vacated, 8
and any act under the registration to enforce the registered judgment is void. 9
(5) If the court grants a petition under this section on a ground under subsection 10
(2)(a) of this section, the court shall also enter a judgment denying recognition of 11
the Canadian judgment. A judgment entered under this subsection shall have the 12
same effect as a judgment denying recognition of a judgment on the same ground 13
under the Uniform Foreign-Country Money Judgments Recognition Act. 14
SECTION 8. A NEW SECTION OF KRS CHAPTER 426A IS CREATED TO 15
READ AS FOLLOWS: 16
A person that filed a petition under subsection (1) of Section 7 of this Act to vacate 17
registration of a Canadian judgment may request the court to stay enforcement of the 18
judgment pending a determination of the petition. The court shall grant the stay if the 19
person establishes a likelihood of success on the merits with regard to a ground listed 20
in subsection (2) of Section 7 of this Act for vacating a registration. The court may 21
require the person to provide security in an amount determined by the court as a 22
condition of granting the stay. 23
SECTION 9. A NEW SECTION OF KRS CHAPTER 426A IS CREATED TO 24
READ AS FOLLOWS: 25
(1) Sections 1 to 11 of this Act supplement the Uniform Foreign-Country Money 26
Judgments Recognition Act and all provisions except Section 6 of that Act apply 27 UNOFFICIAL COPY 24 RS BR 2363
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to a registration under Sections 1 to 11 of this Act. 1
(2) A person may seek recognition of a Canadian judgment described in Section 3 of 2
this Act either: 3
(a) By registration under Sections 1 to 11 of this Act; or 4
(b) Under Section 6 of the Uniform Foreign-Country Money Judgments 5
Recognition Act. 6
(3) Subject to subsection (4) of this section, a person may not seek recognition in this 7
state of the same judgment or part of a judgment described in subsection (2) or 8
(3) of Section 3 of this Act with regard to the same person under both Sections 1 9
to 11 of this Act and Section 6 of the Uniform Foreign-Country Money 10
Judgments Recognition Act. 11
(4) If the court grants a petition to vacate a registration solely on a ground under 12
subsection (2)(b) of Section 7 of this Act, the person seeking registration may: 13
(a) If the defect in the registration can be cured, file a new registration under 14
Sections 1 to 11 of this Act; or 15
(b) Seek recognition of the judgment under Section 6 of the Uniform Foreign-16
Country Money Judgments Recognition Act. 17
SECTION 10. A NEW SECTION OF KRS CHAPTER 426A IS CREATED 18
TO READ AS FOLLOWS: 19
In applying and construing this uniform act, consideration shall be given to the need to 20
promote uniformity of the law with respect to its subject matter among states that enact 21
it. 22
SECTION 11. A NEW SECTION OF KRS CHAPTER 426A IS CREATED 23
TO READ AS FOLLOWS: 24
Sections 1 to 11 of this Act shall apply to the registration of a Canadian judgment 25
entered in a proceeding that is commenced in Canada on or after the effective date of 26
this Act. 27 UNOFFICIAL COPY 24 RS BR 2363
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Section 12. This Act takes effect January 1, 2025. 1