Kentucky Notary Public Handbook And Forms (Page 6 of 16) in pdf

12. What is a jurat?

A jurat is a signature made under oath. In this instance, the notary must watch the signer sign the document.

13. What is the difference between a jurat and an acknowledgment?

A jurat authenticates a signature made under oath or affirmation. A jurat proves that the signer personally appeared before the notary;

the signer was positively identified by the notary; the notary placed the signer under oath; and the notary watched the signature being

made.

In a jurat, the notary does have to see the signer sign the document and the notary must place the signer under oath before the signer

signs the document.

An acknowledgment authenticates a signature. An acknowledgment proves that the signer personally appeared before a notary; the

notary identified the signer; and the signature on the document matches the signature on the identification which the signer presented to

the notary and to the signature in the notary’s journal.

For an acknowledgment, the notary only has to verify the signature on the document is that of the signer. The notary does not have to

watch the signature being made.

14. How does a notary acknowledge a document?

A notary first identifies the signer to be the person whose name is signed to the document. The identification can be made through

personal knowledge or through appropriate credentials such as a driver’s license. The notary completes the certificate of

acknowledgment by writing or typing on the document the appropriate “acknowledged before me” phrase and signing his or her name

and commission expiration date underneath. Documents will often have the acknowledgment phrase pre-printed on them, in which

case the notary merely fills in the blanks.

15. What types of oaths are a Kentucky notary authorized to administer?

A Kentucky notary public is empowered to administer most types of oath. These fall into two categories: (1) oaths of office and (2)

oaths of testimony.

State law sets forth the form of the oath of office for most public officials. Some oaths of office must be administered by a specific

official other than a notary.

The oath of testimony is used to swear a person to the truthfulness of his/her statement (written or oral). The oath is familiar: “Do you

solemnly swear to tell (or write) the truth, the whole truth and nothing but the truth, so help you God?” or “Do you swear or affirm to

tell (or write) the truth, the whole truth and nothing but the truth?” Depositions, affidavits, hearings and government documents are

common occasions for the use of the oath of testimony.

16. Can a notary notarize something for himself/herself?

No. Though self-notarization is not specifically prohibited by statute, the practice would defeat the entire purpose of a certificate of

acknowledgment, which is to obtain independent, reliable confirmation of the act of signing a document.

17. Can a notary notarize documents for his/her family?

There is no specific prohibition against notarizing for a family member. A notary should probably avoid the practice, however, to

avoid any possible challenges based upon allegation of bias, conflict of interest, or other impropriety.

18. Can a notary notarize a document in which he/she has financial interest?

This is not specifically prohibited, but is definitely a bad practice. By notarizing a document in which a notary has a financial interest,

a notary is simply increasing the chances that the document, and the underlying transaction, might be challenged. Therefore, the

practice should be avoided.

19. Can a Notary Public-State at Large perform notarial acts anywhere in the United States?

No. Notarial acts must be performed within the state’s borders, except when the notary has received a Special Commission.

20. Is the use of a seal necessary?

Kentucky notary statutes, Kentucky Revised Statutes 423.010 - 423.990, do not require the notary to use a seal. Notarizations in

Kentucky are regularly performed without a stamp or seal. However, if a notary wishes to obtain a seal of office, it should contain

name and a notary public title such as “Notary Public-State at Large” or “Notary Public-Special Commission.”

It should be noted that some states require a seal or stamp; therefore, if you are notarizing a deed or other document which is to be

recorded or used out of state, there is a possibility a seal or stamp is required.

)

(01/12

Kentucky Notary Public Handbook And Forms Page 6

Related Articles

Related forms

Related Categories