Kentucky HB539, 17RS – AN ACT relating to notaries public.

Kentucky HB539, 17RS - AN ACT relating to notaries public.

Create new sections of KRS Chapter 423 to define various terms; limit the applicability to notarial acts performed on or after the effective date of this Act; allow a notarial officer to perform a notarial act in Kentucky; outline requirements for certain notarial acts; require a personal appearance before a notarial officer; specify the requirements of identifying an individual before a notarial officer; allow a notarial officer to refuse to perform a notarial act; state who may perform a notarial act in Kentucky; recognize notarial acts performed in other states; recognize notarial acts performed in federally recognized Indian tribes under federal law, and in foreign countries; allow a notary public to perform a notarial act by means of communication technology; require a notarial act to be evidenced by a certificate; provide short form certificates for use by notarial officers; outline the requirements for an official stamp of a notary public; assign responsibility of the notary public’s stamping device to the notary public; require a notary public to maintain a journal chronicling all notarial acts performed by that notary public; require a notary public to notify the Secretary of State that the notary public will be performing notarial acts with respect to electronic records; outline the necessary requirements to be a notary public; establish an examination based on a course of study approved by the Secretary of State; outline grounds for suspending, denying, or revoking a commission as a notary public; require the Secretary of State to maintain an electronic database of notaries public; detail prohibited acts; establish the validity of notarial acts; allow the Secretary of State to promulgate administrative regulations; require all commissions occurring after the effective date of this Act to comply with Sections 1 to 30 of this Act; state that Sections 1 to 30 of this Act modifies, limits, and supersedes the Electronic Signatures In Global and National Commerce Act; amend KRS 369.103 to allow electronic signatures on transactions relating to the conveyance of interests in real property and the creation or transfer of negotiable instruments; repeal KRS 423.010, 423.020, 423.030, 423.040, 423.050, 423.060, 423.070, 423.080, 423.110, 423.130, 423.140, 423.150, 423.160, 423.170, 423.180, 423.190, 423.200, and 423.990.

SOURCE:  http://www.lrc.ky.gov/record/17rs/HB539.htm

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