Friday, April 14, 2017

Deeds and the “Full Names” of the Grantor and Grantee

Deeds and the “Full Names” of the Grantor and Grantee


      In 2016, the Kentucky General Assembly passed amendments to the statute governing deeds, adding a requirement that deeds set forth the “full name” of the grantor and the grantee.  See KRS § 382.135. All that is well and good, but the statute did not define what is the “full name.”  By way of example, must the name of a natural person include any middle name, and must it be spelled out?  Is a “Jr.” a required element of a name?

      Amendments approved by the 2017 General Assembly address this question. 

      For natural persons, the “full name” will be determined under the same rules as are utilized under the UCC. See KRS § 355.9-503. Typically this will be the name as set forth on the person’s driver’s license. Otherwise it will be the first given name and surname.

      For business entities, the “full name” will be determined by applying the rules set forth in the assumed name statute.  See KRS § 365.015.  As such, for a domestic corporation, the “full name” will be the name set forth in the articles of incorporation.  With respect to a foreign LLC qualified to transact business under a fictitious name, the “full name” will be that fictitious name.

       This amendment is set forth in SB 235, legislation sponsored by Senator Morgan McGarvey. This amendment will be effective as of June 29, 2017.

      My thanks to my law partner, Tony Schnell, who first brought this problem to my attention.


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