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Also, actions of a county clerk in their official capacity shall not require the witness or signature of a notary public. [21] A Kentucky notary public is not required to use a stamp as the signature and title of the notary, along with the notary's commission number and commission expiration date, is considered to be a valid notarial act. [22]
A notary may only perform a notarial act upon receipt of satisfactory proof of identity (i.e. a driver's license or other form of identification card), or by the notary's own personal knowledge of the person appearing before them, or upon the sworn statement of two witnesses who personally know the person whose signature is to be authenticated ...
The form of the statutory declaration is prescribed in the schedule [10] to the Act: "I (full name), do solemnly and sincerely declare that the contents of this declaration are true. And I make this declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act 1835."
Another more practical drawback is the conservative nature of the law. Even if use of a sworn statement is fully authorized, another individual to the transaction, such as a party to a business transaction or another person's attorney, may be unacquainted with the form and refuse to accept it in lieu of a notarized affidavit.
Notarization by a notary public is normally not required for a real estate contract, but many recording offices require that a seller's or conveyor's signature on a deed be notarized to record the deed. The real estate contract is typically not recorded with the government, although statements or declarations of the price paid are commonly ...
It has some similarities to a notarized copy, which is a form used in some countries, and particularly in some US states. A notarized copy is signed by a notary public (not to be confused with a notary in a civil law country). The certified copy is signed by a person nominated by the person or agency asking for it.
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A notarial act (or notarial instrument or notarial writing) is any written narration of facts (recitals) drawn up by a notary, notary public or civil-law notary authenticated by the notary's signature and official seal and detailing a procedure which has been transacted by or before the notary in their official capacity. A notarial act is the ...