Kentucky Statutes 423.395 – Denial, revocation, or limitation of commission — Other remedies
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(1) The Secretary of State may deny, refuse to renew, revoke, suspend, or impose a condition on a commission as notary public for any act or omission that demonstrates the individual lacks the honesty, integrity, competence, or reliability to act as a notary public, including:
(a) Failure to comply with KRS § 423.300 to KRS § 423.455;
(b) A fraudulent, dishonest, or deceitful misstatement or omission in the application for a commission as a notary public submitted to the Secretary of State;
(c) A conviction of the applicant or notary public of any felony or a crime involving fraud, dishonesty, or deceit;
(d) A finding against, or admission of liability by, the applicant or notary public in any legal proceeding or disciplinary action based on the applicant’s or notary public’s fraud, dishonesty, or deceit;
(e) Failure by the notary public to discharge any duty required of a notary public, whether by KRS § 423.300 to KRS § 423.455, administrative regulations promulgated by the Secretary of State, or any federal or state law;
(f) Use of false or misleading advertising or representation by the notary public representing that the notary has a duty, right, or privilege that the notary does not have;
(g) Violation by the notary public of an administrative regulation of the Secretary of State regarding a notary public;
(h) Denial, refusal to renew, revocation, or suspension of a notary public commission in another state; or
(i) Failure of the notary public to maintain an assurance.
(2) The authority of the Secretary of State to deny, refuse to renew, suspend, revoke, or impose conditions on a commission as a notary public does not prevent a person from seeking and obtaining other criminal or civil remedies provided by law.
Effective: January 1, 2020
History: Created 2019 Ky. Acts ch. 86, sec. 20, effective January 1, 2020.
(a) Failure to comply with KRS § 423.300 to KRS § 423.455;
Terms Used In Kentucky Statutes 423.395
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Conviction: A judgement of guilt against a criminal defendant.
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Fraud: Intentional deception resulting in injury to another.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(b) A fraudulent, dishonest, or deceitful misstatement or omission in the application for a commission as a notary public submitted to the Secretary of State;
(c) A conviction of the applicant or notary public of any felony or a crime involving fraud, dishonesty, or deceit;
(d) A finding against, or admission of liability by, the applicant or notary public in any legal proceeding or disciplinary action based on the applicant’s or notary public’s fraud, dishonesty, or deceit;
(e) Failure by the notary public to discharge any duty required of a notary public, whether by KRS § 423.300 to KRS § 423.455, administrative regulations promulgated by the Secretary of State, or any federal or state law;
(f) Use of false or misleading advertising or representation by the notary public representing that the notary has a duty, right, or privilege that the notary does not have;
(g) Violation by the notary public of an administrative regulation of the Secretary of State regarding a notary public;
(h) Denial, refusal to renew, revocation, or suspension of a notary public commission in another state; or
(i) Failure of the notary public to maintain an assurance.
(2) The authority of the Secretary of State to deny, refuse to renew, suspend, revoke, or impose conditions on a commission as a notary public does not prevent a person from seeking and obtaining other criminal or civil remedies provided by law.
Effective: January 1, 2020
History: Created 2019 Ky. Acts ch. 86, sec. 20, effective January 1, 2020.