{"data":{"id":"us-ky/krs-423.390","jurisdiction":"us-ky","citation":"KRS 423.390","heading":"Commission as notary public -- Requirements -- Oath and filing -- Surety","body":"bond -- Change of information -- Renewal of commission -- Administrative\nregulations -- Registration.\n(1) An individual qualified under subsection (2) of this section may apply to the\nSecretary of State for a commission as a notary public. The applicant shall comply\nwith and provide the information required by administrative regulations\npromulgated by the Secretary of State and be accompanied by payment of the\nspecified fee.\n(2) An applicant for a commission as a notary public shall:\n(a) Be at least eighteen (18) years of age;\n(b) Be a citizen or permanent legal resident of the United States;\n(c) Be a resident of or have a place of employment or practice in the county\nwithin this Commonwealth where the application is made;\n(d) Be able to read and write English;\n(e) Not be disqualified to receive a commission under KRS 423.395;\n(f) Submit to the Secretary of State any application forms, information,\ndisclosures, and verificati ons as are required by administrative regulations\npromulgated by the Secretary of State;\n(g) Submit to the Secretary of State proof of having obtained the requisite surety\nbond required under subsection (4) of this section;\n(h) Take an oath of office as set forth in in subsection (4) of this section; and\n(i) Submit a fee payment, as specified in KRS 423.430, made payable to the State\nTreasurer.\n(3) On compliance with this section, the Secretary of State shall issue a commission as\na notary public to an appl icant for a term of four (4) years. The Secretary of State\nshall assign a unique commission number to each notary public, which same\ncommission number shall continue to be assigned to the notary public in the event\nof the renewal or later issuance of another commission to the same individual notary\npublic.\n(4) Within thirty (30) days of receiving a notary public commission from the Secretary\nof State, the applicant shall appear in person to take an oath of office, submit an\nassurance in the form of a surety  bond, and file the commission, all of which shall\ntake place before the county clerk listed in the commission application. The\napplicant shall pay fees to the county clerk for filing the assurance and\nadministering the oath as set forth in KRS 64.012.\n(5) The assurance required by this section shall be in the amount of one thousand\ndollars ($1,000) and shall be issued by a surety or other entity licensed or authorized\nto do business in this state. The assurance shall cover acts performed during the\nterm of the notary public's commission and shall be in the form prescribed by the\nSecretary of State. If a notary public violates the law with respect to notaries public\nin this state, the surety or issuing entity is liable under the assurance. The surety or\nissuing entity shall give thirty (30) days' notice to the Secretary of State before\ncanceling the assurance or of the assurance's expiration if such expiration is prior to\nthe date of expiration of the notary's commission. A notary public may perform\nnotarial acts in this state only during the period that a valid assurance is on file with\nthe county clerk.\n(6) A notarial officer may perform a notarial act in any county of the Commonwealth\nafter filing the commission and assurance and taking the oath required by this\nsection, and for so long as the notary public's commission and surety bond are valid\nand in effect.\n(7) If, at any time during his or her period of commission under this section, or period\nof registration under subsection (10) of this section, a notary public changes his or\nher mail or electronic mail address, county of residence, name, signature, ele ctronic\nsignature, or the technology or device used to perform notarial acts or to maintain\nhis or her journal or to render electronic documents tamper -evident, the notary\npublic shall, within ten (10) days after making the change, submit to the Secretary\nof State the changed information upon the form and containing all information\nrequired by the Secretary of State, along with a fee payment, as specified in KRS\n423.430, payable to the State Treasurer.\n(8) (a) Prior to the expiration of his or her commissio n period, a notary public may\napply to the Secretary of State to renew his or her commission, and shall\ncomply with the qualifications, renewal application filings, and other\nrequirements then applicable to obtaining an original commission from the\nSecretary of State. The application for commission renewal shall be\naccompanied by a fee payment, as specified in KRS 423.430, made payable to\nthe State Treasurer.\n(b) If approved, the Secretary of State shall issue a renewed commission to the\nnotary public for an additional four (4) year term, using the same commission\nnumber as the notary public's original commission and indicating the new\ncommission expiration date.\n(c) Pursuant to the procedures set forth in subsections (4) and (5) of this section,\nthe commiss ion along with the required assurance shall be filed with the\ncounty clerk listed in the renewal application, and a new oath of office\nadministered by the county clerk and new fees paid by the notary public to the\ncounty clerk, as determined by KRS 64.012.\n(d) A renewed commission shall be valid and effective only upon compliance\nwith this subsection. A notary public shall have no authority to perform\nnotarial acts during any period between the expiration of his or her current\ncommission and the effective date of any renewal commission.\n(9) A commission to act as a notary public shall authorize the notary public to perform\nnotarial acts. The commission shall not provide the notary public with any\nimmunity or benefit conferred by the law of this state on publ ic officials or\nemployees.\n(10) Before performing an initial notarial act with respect to electronic records, or before\nperforming an initial online notarial act, a notary public shall first register with the\nSecretary of State. The notary public shall:\n(a) At the time of registration, be a commissioned notary public in this\nCommonwealth who has complied with the requirements set forth in\nsubsections (1) to (8) of this section, and who has complied with all applicable\nnotarial requirements set forth in this chapter;\n(b) Register with the Secretary of State by submitting an electronic registration\npursuant to this subsection;\n(c) Pay to the Secretary of State a registration fee payment, as specified in KRS\n423.430, which is in addition to the commission appli cation fee required to be\na notarial officer in this state and any fees required to be paid to the county\nclerk to file a commission and assurance and to take an oath pursuant to KRS\n62.010;\n(d) Submit to the Secretary of State any registration forms, info rmation,\ndisclosures, and verifications required by administrative regulations\npromulgated by the Secretary of State; and\n(e) Submit to the Secretary of State with the registration proof satisfactory to the\nSecretary of State that the registrant has satisf ied the requirement to post an\nassurance as a notary public, as set forth in subsections (4) and (5) of this\nsection.\n(11) The Secretary of State shall promulgate administrative regulations to establish\nforms and procedures applicable to the registrations governed by subsection (10) of\nthis section, and shall obtain at least the following information in connection with\neach registration:\n(a) The registrant's commission number and full legal name as it appears on the\nregistrant's commission, and the name to be used for registration, if different;\n(b) The county in this state in which the registrant resides or has his or her place\nof employment or practice;\n(c) The electronic mail and resident address of the registrant;\n(d) Whether the registrant is registerin g to perform one (1) or both of the\nfollowing:\n1. Notarial acts with respect to electronic records in which the individual\nwill appear before the notary in the notary's physical presence; or\n2. As an online notary public to perform electronic notarizations;\n(e) A description of the technologies or devices that the registrant intends to use\nto perform notarial acts with respect to electronic records or electronic\nnotarizations, to maintain the journal required by KRS 423.380, and to render\nelectronic records  tamper-evident after a notarial act is completed, each of\nwhich technologies or devices shall comply with any standards established by\nthe Secretary of State;\n(f) The digital certification of the registrant; and\n(g) Any other information, evidence, disclo sures, or declarations required or\ndeemed beneficial by the Secretary of State pursuant to any administrative\nregulations promulgated by the Secretary of State.\n(12) The Secretary of State may reject a registration if the applicant fails to comply with\nany provision of KRS 423.300 to 423.455.\n(13) Thirty (30) days after compliance with all registration requirements and payment of\nthe required registration fee, a notary public will be registered with the Secretary of\nState to perform notarial acts in the phy sical presence of an individual signer with\nrespect to electronic records, or to perform electronic notarizations as an online\nnotary public, or as both.\n(14) The Secretary of State may at any time cancel the registration of a notary public to\nperform notarial acts with respect to electronic records, or as an online notary public\nto perform electronic notarizations, if the notary public fails to comply with any of\nthe requirements of KRS 423.300 to 423.455 or based upon any of the grounds for\nrevocation or suspension of a notary public's commission.\n(15) Registration of a notary public under this section is suspended by operation of law\nwhen the notary public is no longer commissioned as a notary public in this state. If\nthe commission of a notary public  has expired or been revoked or suspended, the\nSecretary of State shall immediately notify the notary public in writing that his or\nher registration under this section will be suspended by operation of law until he or\nshe is appointed as a notary public in this Commonwealth.","path":["KRS Chapter 423"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=49507","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:41Z","sha256":"9971a57baa930638d8c39d3aed76e3bb15e6be85e87fb9b61c5721aaf8299be9","source_id":"us-ky","stale":false,"prev":"us-ky/krs-423.385","next":"us-ky/krs-423.395"},"notice":"GroundRules: Original legal text. Not legal advice."}