Kentucky Notary Rules: Commission, Duties, and Stamp

Kentucky notary rules are set out in KRS 423.300 through 423.455 and administered by the Secretary of State. A commission runs four years and requires you to be at least 18, a U.S. citizen or permanent legal resident, and either living or working in the Kentucky county where you apply. You also have to post a $1,000 surety bond, take an oath before a county clerk, and file both with that clerk before you can act. Electronic notarization and remote online notarization are allowed, but only after a separate registration.

Who Can Become a Notary

The baseline requirements are age 18 or older, U.S. citizenship or permanent legal residency, residence or employment in the Kentucky county of application, and the ability to read and write English.¹

KRS 423.395 lists what will keep you out. A felony conviction, or any conviction involving fraud, dishonesty, or deceit, can lead the Secretary of State to deny the application. Lying on the application is itself disqualifying. So is a prior denial or revocation of a notary commission in another state.²

How to Get Commissioned

You apply to the Secretary of State using the required form and pay the application fee. If approved, you obtain a $1,000 surety bond from a company licensed in Kentucky. The bond pays out to members of the public who are harmed by a negligent or improper notarial act.¹

Next, you take an oath of office in front of a county clerk and file the bond and the oath with that clerk’s office. The four-year term starts from that filing. To keep serving without a break, renew before it expires.

Performing a Notarial Act

Every notarial act has to happen in the notary’s presence, and you must be satisfied of the signer’s identity before you proceed.³

Identity can be established two ways. One is personal knowledge of the signer through prior dealings. The other is satisfactory evidence, which can come from any of the following:

A current government-issued photo ID such as a passport, driver’s license, or state nondriver ID, or one that expired no more than three years before the notarization.
Any other government-issued ID that contains the individual’s photograph or signature, if you find it satisfactory.
A credible witness who appears with the signer and whose own identity you either know personally or can verify with acceptable ID.

You can ask for more identification than the minimum whenever something looks wrong.⁴

Kentucky notaries can also administer oaths and affirmations. When you do, the signer needs to understand they are making a legally binding sworn statement.

What You Cannot Do

A notary commission is not a license to practice law. Unless you are a licensed Kentucky attorney, you cannot draft legal documents, give legal advice, or advertise those services. You can identify the type of notarization a document calls for; you cannot tell the signer what the document means or how it affects their rights. False or deceptive advertising is prohibited under the same statute.⁵

You have to stay impartial. If you have a direct financial or beneficial interest in the transaction beyond the notary fee, you cannot notarize it.

Falsifying a notarial certificate is a serious offense. Backdating a signature, certifying that someone appeared when they did not, or fabricating identity information can amount to forgery and will almost certainly cost you the commission.

The Stamp

Kentucky does not require a stamp or seal on paper documents. If you use one, it must contain your name, your title as notary public, your jurisdiction, your commission number, and your commission expiration date, and it must be capable of being copied along with the document.⁶

Most notaries use one anyway, because many businesses and agencies expect to see it. A stampless notarization is still legally valid in Kentucky.

Grounds for Denial, Suspension, or Revocation

The Secretary of State can deny, suspend, revoke, or condition a commission for any act or omission showing that the individual lacks the honesty, integrity, competence, or reliability to serve.² Specific grounds include:

Any felony conviction, or a conviction involving fraud, dishonesty, or deceit.
A dishonest or deceitful misstatement or omission on the notary application.
A court finding or your own admission of civil liability based on fraud, dishonesty, or deceit.
Failure to comply with KRS 423.300 through 423.455, the Secretary of State’s regulations, or other applicable law.
Advertising or representing powers beyond those of a notary.
Failing to maintain the $1,000 surety bond during the term.
Denial or revocation of a notary commission in another state.

These apply to sitting notaries as well as applicants. A commission can be suspended or revoked mid-term without waiting for renewal.²

Electronic and Remote Online Notarization

Kentucky authorizes both electronic notarization and remote online notarization under KRS 423.300 through 423.455. Electronic notarization applies to electronic records signed with a secure digital signature. Remote online notarization lets the signer and notary be in different locations, connected by live audio-video.⁷

To perform either, you must already hold a standard commission and register separately with the Secretary of State as an online notary public.⁷ The Secretary of State’s regulations set the technology standards and must ensure that any change or tampering with a notarized electronic record is self-evident.⁸

Recordkeeping for these acts is not optional. Paper-only notaries have no journal requirement under Kentucky law, but electronic and online notaries must keep one or more electronic journals in a permanent, tamper-evident format, with an entry made at the time of each act. Each entry must include:

The date and time of the notarial act.
A description of the record and the type of act performed.
The full name and address of each person involved.
How you established the signer’s identity, with a description of any ID presented, including its type, issuance date, and expiration date.
Any fee charged.
For remote notarizations, an audio-video recording of the session.

The journal and any recordings must be kept for at least ten years, stored in a system protected by password or encryption, and backed up. Entries cannot include Social Security numbers, other government-assigned identification numbers, or biometric data.⁹

Even paper notaries often keep a voluntary journal. If a signer later disputes the notarization, the entry is the strongest evidence available.

Bond, Liability, and E&O Insurance

The $1,000 surety bond protects the public, not the notary. If a mistake causes financial harm, the bond company pays the injured party up to $1,000 and then seeks reimbursement from you.¹

Kentucky does not require errors and omissions insurance. E&O policies cover legal defense costs and damages for unintentional mistakes, and many notaries buy coverage that matches the four-year term. Notaries who handle real estate or financial documents are the most exposed if something goes wrong.

Tax Treatment of Notary Fees

Notary fees are taxable income, but the IRS excludes them from self-employment tax, so the 15.3 percent Social Security and Medicare tax does not apply to that portion of your earnings. If you have other self-employment income alongside notary work, only the notary fees qualify for the exemption.¹⁰

1
Kentucky Legislative Research Commission. Kentucky Code 423.390 – Commission as Notary Public
2
Justia Law. Kentucky Revised Statutes 423.395 – Denial, Revocation, or Suspension of Commission
3
Kentucky Legislative Research Commission. Kentucky Revised Statutes Chapter 423 – Section 423.320
4
Kentucky Legislative Research Commission. Kentucky Revised Statutes Chapter 423 – Section 423.325
5
Justia Law. Kentucky Revised Statutes 423.405 – Unauthorized Actions
6
Justia Law. Kentucky Revised Statutes 423.370 – Stamp
7
Kentucky Legislative Research Commission. Kentucky Code 423.300 – Definitions for KRS 423.300 to 423.455
8
Kentucky Legislative Research Commission. Kentucky Code 423.415 – Administrative Regulations
9
Cornell Law Institute. 30 KAR 8:005 – Notary Public Application, Requirements for Notarial Acts Performed with Respect to Electronic Records
10
Internal Revenue Service. Persons Employed in a U.S. Possession/Territory – Self-Employment Tax