Kentucky Statutes 384.080 – Performance of notarial acts by commissioned officers of armed forces
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(1) In addition to the acknowledgment of instruments and the performance of official acts in respect to instruments in the manner and form and as otherwise authorized by law, instruments may be acknowledged, documents attested, oaths and affirmations administered, depositions and affidavits executed, and other such official acts performed, before or by any commissioned officer in active service of the Armed Forces of the United States for any person who either
(a) Is a member of the Armed Forces of the United States, or
(b) Is serving as a merchant seaman outside the limits of the United States, or
(c) Is outside said limits by permission, assignment or direction of any department or official of the United States government.
(2) Such acknowledgment of instruments, attestation of documents, administration of oaths and affirmations, execution of depositions and affidavits, and performance of other notarial acts, heretofore or hereafter made or taken, are hereby declared legal, valid and binding, and instruments and documents so acknowledged, authenticated, or sworn to shall be admissible in evidence and eligible to record in this state under the same circumstances, and with the same force and effect as if such acknowledgment, attestation, oath, affirmation, deposition, affidavit, or other official act, had been made or taken within this state before or by a duly qualified officer or official and under his appropriate certificate and seal of office as otherwise provided by law.
(3) In the taking of acknowledgments and the performing of other notarial acts requiring certification, a certificate endorsed upon or attached to the instrument or document, which shows the date of the notarial act and which states, in substance, that the person appearing before the officer acknowledges the instrument as his act or made or signed the instrument or document under oath, shall be sufficient for all intents and purposes.
(4) When the official signature of any such commissioned officer appears upon such instrument, document or certificate, it shall be prima facie evidence that the person making such oath or acknowledgment is within the purview of this section.
History: Amended 1962 Ky. Acts ch. 160, sec. 1. — Created 1944 Ky. Acts ch. 103, sec. 1.
(a) Is a member of the Armed Forces of the United States, or
Terms Used In Kentucky Statutes 384.080
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Oath: A promise to tell the truth.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Sworn: includes "affirmed" in all cases in which an affirmation may be substituted for an oath. See Kentucky Statutes 446.010
(b) Is serving as a merchant seaman outside the limits of the United States, or
(c) Is outside said limits by permission, assignment or direction of any department or official of the United States government.
(2) Such acknowledgment of instruments, attestation of documents, administration of oaths and affirmations, execution of depositions and affidavits, and performance of other notarial acts, heretofore or hereafter made or taken, are hereby declared legal, valid and binding, and instruments and documents so acknowledged, authenticated, or sworn to shall be admissible in evidence and eligible to record in this state under the same circumstances, and with the same force and effect as if such acknowledgment, attestation, oath, affirmation, deposition, affidavit, or other official act, had been made or taken within this state before or by a duly qualified officer or official and under his appropriate certificate and seal of office as otherwise provided by law.
(3) In the taking of acknowledgments and the performing of other notarial acts requiring certification, a certificate endorsed upon or attached to the instrument or document, which shows the date of the notarial act and which states, in substance, that the person appearing before the officer acknowledges the instrument as his act or made or signed the instrument or document under oath, shall be sufficient for all intents and purposes.
(4) When the official signature of any such commissioned officer appears upon such instrument, document or certificate, it shall be prima facie evidence that the person making such oath or acknowledgment is within the purview of this section.
History: Amended 1962 Ky. Acts ch. 160, sec. 1. — Created 1944 Ky. Acts ch. 103, sec. 1.