Chief Administrative Office Date Of Issue Expiration Date: No.
Policy 12/02/2013 N/A 45 Subject: To: All Divisions And Departments LFUCG Notary Public Appointments
CAO Signature:
Comments:
I: Rmdocs/Admin/Insurance/Bonds/Apptoflfucg-Notary Policy.Doc
I. References
Notary Public Handbook, Commonwealth Of Kentucky KRS 423 Kentucky Notary Public Handbook, Notary Guidelines, KRS Chapter 423 (Notaries) and KRS Chapter 62 (Oaths, Bonds and Penalties).
A Notary Public is a Public Servant appointed by State Government (County Clerk) to witness the signing of documents and to administer oaths. A Notary Public notarizes documents to deter fraud and ensure proper execution.
II. Purpose
The LFUCG has various business-related reasons to make Notary Public services available in the workplace. This policy establishes local guidelines for Notary Services to be provided by LFUCG employees within the scope of their job duties and in fulfillment of the mission of the LFUCG. This policy provides guidance and assistance to an employee in obtaining a notary public commission and fulfillment of their job responsibilities.
III. Policy
A. When a LFUCG Notary Public is essential to the proper functioning of a department/division, the commissioner or director of that department/division may submit a request to the Council Clerk's Office designating the applicant and stating the reasons for the request.
B. A LFUCG Notary Public may not charge fees for notarizing, filing or issuance of documents in connection with LFUCG business.
C. A LFUCG Notary Public may execute documents unrelated to government business, but may not retain any fees for such service. Notaries services unrelated to government business should always be performed with the approval of the Notary’s supervisor.
Policy Memorandum 10 Notary Public Appointments Page 2
D. The cost of notary equipment (seal, rubber stamps, and other required supplies) should be borne by the Department/Division for which the notary commission was executed.
IV. Responsibilities
A. The Chief Administrative Officer has designated the Council Clerk as the office to handle Notary Public commission requests.
B. The Council Clerk is responsible for the recruitment and retention of LFUCG Notary Publics. The Council Clerk coordinates government Notary Public commission request, provides the necessary guidance to obtain a successful Notary Public commission, facilitates bi-annual Notary meetings to inform Notaries of changing laws and regulations, and addresses any concerns or questions.
C. The LFUCG Notary Public is responsible for the security and safekeeping of his/her journal.
Upon resignation of a LFUCG sponsored Notary commission or separation from employment, a LFUCG Notary Public is required to contact the Council Clerk office by letter and deliver within 30 days all notarial records and papers to the County Clerk’s office.
D. The Department Commissioners and Division Directors are responsible for ascertaining whether notarial service is necessary in their respective areas. Department Commissioners and Division Directors are responsible for clarifying when and where the notary may notarize LFUCG business documents.
E. The Division of Risk Management will provide approved bond companies for employee surety (See attachment “A”). The employee may purchase a bond in his/her name from one of the companies listed. The Department or Division where the employee reports will provide reimbursement for the bond and other related notary fees. An employee may use a friend or co-worker’s property as surety but this should be the exception rather than the rule. By using a co-worker’s or friend’s property as surety, the co-worker or friend becomes responsible for any errors or omissions the notary may make and would be subject to single or multiple claims against their property.
Policy Memorandum 10 Notary Public Appointments Page 3
V. Guidelines for becoming a Notary Public
A. Applying for an employee’s initial appointment as a Notary Public
The employee’s Department Commissioner or Division Director may approve in writing a request that the Notary Program Coordinator (Council Clerk) assist in the process of application by a LFUCG employee for a Commonwealth Of Kentucky Notary Public Commission. Upon receipt of a letter requesting that an employee become a Notary Public, the LFUCG Notary Program Coordinator sends the applicant a Notary Packet (Kentucky Notary Public Handbook, Notary Guidelines, KRS Chapter 423 (Notaries) and KRS Chapter 62 (Oaths, Bonds and Penalties) containing all the necessary instructions and procedures to properly obtain a notary commission.
B. Who can become a Notary? The following requirements must be met:
Must be eighteen (18) years old or older;
Must be of good moral character;
Must be capable of discharging duties imposed by law; Must not be a convicted felon.
C. How can I become a Notary?
An application for appointment for Notary State-at-Large must be completed and signed by the applicant.
The application must also be signed by a Circuit Judge, Circuit Clerk, County Judge Executive, County Clerk, Magistrate, or Member of the General Assembly of the county where the applicant applies. (If applying in Fayette County, please call the County Clerk’s office at 859-253-3344 to obtain a signed application.)
The applicant must apply in either the county of residence or the county of primary employment. This includes people who live in another state but work in a Kentucky county.
The application should be mailed to: Notary Commissions, Po Box 821, Frankfort, KY 40602-0821. Include a check or money order for $10.00 made payable to: Kentucky State Treasurer.
Policy Memorandum 10 Notary Public Appointments Page 4
If approved, the applicant will be notified by mail that a "Certificate of Appointment" has been mailed to the County Clerk's Office. The notice will indicate a thirty (30) day time period for the applicant to go to the County Clerk's Office.
The applicant must come in to the County Clerk's Office to complete the process. There is a $19.00 recording fee ($10.00 for recording the Surety, $4.00 for taking/preparing the Surety, and $5.00 for administering the oath. KRS 64.012).
A Surety in the amount of $500.00 is required. Please see the list of approved bond companies/agents/brokers maintained in the Council Clerk’s office or the companies listed on Attachment “A.”
VI. Limits of Notary Services
A. LFUCG notaries should not customarily notarize any of the following documents listed under Definitions (Paragraph VI-B). If a LFUCG notary is asked to perform notarial services for government business that relates to the defined documents in Paragraph VI-B, then the notary public must contact his/her supervisor or the Notary Program Coordinator (Council Clerk) before granting service.
B. LFUCG Notary Publics shall not provide services for the following defined documents. Exception: Departments/Divisions with notaries that normally notarize the following defined documents are allowed to provide notary services.
Definitions:
1. Will: A disposition toward the operation by which a person provides for the distribution of his estate on death. LFUCG shall decline to notarize wills and to refer the signer to an attorney.
2. Mortgage: A legal document that pledges a property to the lender as a security for payment.
3. Deed of Trust: A written instrument legally conveying property to a trustee often used to secure a obligation such as a mortgage or promissory note.
4. Security Agreement: The contract signed with a secured loan.
5. Quitclaim Deed: A Quitclaim Deed transfers whatever ownership interest may be held in the property. It makes no guarantees about the extent of the interest.
Policy Memorandum 10 Notary Public Appointments Page 5
6. Grant Deed: A Grant Deed transfers your ownership and implies certain promises – that the title hasn't already been transferred to someone else or been encumbered except as set out in the deed.
7. Foreclosure Document: Legal documents of a process by which an owner's right to their property is terminated, usually due to default. Typically involves a forced sale of the property at public auction, with the proceeds being applied to the mortgage debt.
8. Power of Attorney: Formal document by which one person appoints another to act on his behalf or represent him.
9. Living Trust: Trust created for the trustor and administered by another party while the trustor is still alive. A living trust can be either revocable or irrevocable.
10. Deed of Reconveyance: A document used to transfer legal title from the trustee back to the borrower after a debt secured by a deed of trust has been paid in full.
11. Warranty Deed: General Warranty Deed used to convey an interest in real estate. The General Warranty Deed guarantees that the title conveyed is good and its transfer rightful.
12. Passports: A document issued by a country to a citizen allowing that person to travel abroad and re-enter the home country.
13. Homestead Declaration: A homestead declaration is a legal document that claims and registers a particular house as the owner’s homestead. When the document is signed by the owner and recorded in the county where the house is located, it helps to protect the house against loss to creditors.
14. Identity Theft Documents: Identity theft occurs when an unscrupulous person gathers enough information to successfully impersonate another online, by mail, over the telephone or in person. Documents relating to identity theft can be complicated and if not handled correctly could create significant legal exposure for the LFUCG; therefore, LFUCG notaries must not notarize these documents.
15. Other documents: When in doubt, do not notarize a document without the approval of your supervisor.
ATTACHMENT – A
1) Powell Walton Milward 360 East Vine Street Lexington, KY Tel. 254-8023 Contact: Kevin Kelly or Brenda Strickrod
2) Al Torstrick Insurance Agency 343 Waller Avenue Lexington, KY Tel. 233-1461 Contact: Michael G. Johnson
3) Cambridge Insurance 2300 Regency Rd. Lexington, KY Tel. 252-0381 Contact: James H. Martin
4) Buckley & Company Inc. Insurance 698 Perimeter Drive Lexington, KY Tel. 269-8002