AN ACT relating to foreign money judgments.

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AN ACT relating to foreign money judgments. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. KRS CHAPTER 426A IS ESTABLISHED AND A NEW 3
SECTION THEREOF IS CREATED TO READ AS FOLLOWS: 4
Sections 1 to 11 of this Act may be cited as the Uniform Registration of Canadian 5
Money Judgments Act. 6
SECTION 2. A NEW SECTION OF KRS CHAPTER 426A IS CREATED TO 7
READ AS FOLLOWS: 8
As used in Sections 1 to 11 of this Act: 9
(1) "Canada" means the sovereign nation of Canada and its provinces and 10
territories. "Canadian" has a corresponding meaning; and 11
(2) "Canadian judgment" means a judgment of a court of Canada, other than a 12
judgment that recognized the judgment of another foreign country. 13
SECTION 3. A NEW SECTION OF KRS CHAPTER 426A IS CREATED TO 14
READ AS FOLLOWS: 15
(1) Sections 1 to 11 of this Act shall apply to a Canadian judgment to the extent the 16
judgment is within the scope of Section 14 of this Act, if recognition of the 17
judgment is sought to enforce the judgment. 18
(2) A Canadian judgment that grants both recovery of a sum of money and other 19
relief may be registered under Sections 1 to 11 of this Act, but only to the extent 20
of the grant of recovery of a sum of money. 21
(3) A Canadian judgment regarding subject matter both within and not within the 22
scope of Sections 1 to 1 1 of this Act may be registered under Sections 1 to 11 of 23
this Act, but only to the extent the judgment is with regard to subject matter 24
within the scope of Sections 1 to 11 of this Act. 25
SECTION 4. A NEW SECTION OF KRS C HAPTER 426A IS CREATED TO 26
READ AS FOLLOWS: 27
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(1) A person seeking recognition of a Canadian judgment described in Section 3 of 1
this Act to enforce the judgment may file the judgment in the office of clerk of the 2
court in which an action for recognition of th e judgment could be filed under 3
Section 17 of this Act. 4
(2) A registration under subsection (1) of this section shall be executed by the person 5
registering the judgment or the person's attorney and include: 6
(a) A copy of the Canadian judgment authenticated under Section 17 of this 7
Act as an accurate copy by the court that entered the judgment; 8
(b) The name and address of the person registering the judgment; 9
(c) If the person registering the judgment is not the person in whose favor the 10
judgment was rendered , a statement describing the interest the person 11
registering the judgment has in the judgment which entitles the person to 12
seek its recognition and enforcement; 13
(d) The name and last known address of the person against whom the judgment 14
is being registered; 15
(e) If the judgment is of the type described in subsection (2) or (3) of Section 3 16
of this Act, a description of the part of the judgment being registered; 17
(f) The amount of the judgment or part of the judgment being registered 18
identifying: 19
1. The amount of interest accrued as of the date of registration on the 20
judgment or part of the judgment being registered, the rate of interest, 21
the part of the judgment to which interest applies, and the date when 22
the interest began to accrue; 23
2. Costs and expenses in cluded in the judgment or part of the judgment 24
being registered, other than an amount awarded for attorney's fees; 25
and 26
3. The amount of any award of attorney's fees included in the judgment 27
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or part of the judgment being registered; 1
(g) The amount, as of the date of registration, of post-judgment costs, expenses, 2
and attorney's fees claimed by the person registering the judgment or part 3
of the judgment; 4
(h) The amount of the judgment or part of the judgment being registered which 5
has been satisfied as of the date of registration; 6
(i) A statement that: 7
1. The judgment is final, conclusive, and enforceable under the law of 8
the Canadian jurisdiction in which it was rendered; 9
2. The judgment or part of the judgment being registered is within the 10
scope of Sections 1 to 11 of this Act; and 11
3. If a part of the judgment is being registered, the amounts stated in the 12
registration under paragraphs (f), (g), and (h) of this subsection relate 13
to the part being registered; 14
(j) If the judgment is not in English, a certified translation of the judgment 15
into English; and 16
(k) A registration fee set by rule of the Kentucky Supreme Court in accordance 17
with KRS 23A.200 and 24A.170. 18
(3) On receipt of a registration that includes the documents, information, and 19
registration fee requ ired in subsection (2) of this section, the clerk of the court 20
shall file the registration and, except as may be otherwise provided in Sections 1 21
to 11 of this Act, shall treat the judgment in the same manner as a judgment of 22
any court or this state as provided in KRS 426.955. 23
(4) A registration substantially in the following form complies with the registration 24
requirements in subsection (2) of this section if the registration includes the 25
attachments specified in the form: 26
"REGISTRATION OF CANADIAN MONEY JUDGMENT 27
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Complete and file this form, together with the documents required by Part V of this 1
form, with the clerk of the court. When stating an amount of money, identify the 2
currency in which the amount is stated. 3
PART I. IDENTIFICATION OF CANADIAN JUDGMENT 4
Canadian Court Rendering the Judgment: ___________________________ 5
Case/Docket Number in Canadian Court: ____________________________ 6
Name of Plaintiff(s): _____________________________________________ 7
Name of Defendant(s):____________________________________________ 8
The Canadian Court entered the judgment on _________(Date) in ___________(City) 9
in ____________________(Province or Territory). 10
The judgment includes an award for the payment of money in favor of _________in 11
the amount of ____________________________. 12
If only part of the Canadian judgment is subject to registration pursuant to subsections 13
(2) and (3) of Section 3 of this Act, describe the part of the judgment being registered: 14
_____________________________________________________. 15
PART II. IDENTIFICATION OF PERSON REGISTERING JUDGMENT AND 16
PERSON AGAINST WHOM JUDGMENT IS BEING REGISTERED 17
Provide the following information for all persons seeking to register the judgment 18
under this registration and all persons against whom the judgment is being registered 19
under this registration. 20
Name of person(s) registering judgment:__________________________. 21
If the person registering the judgment is not the person in whose favor the judgment 22
was rendered, describe the interest the person registering the judgment has in the 23
judgment which entitles the person to seek its recognition and 24
enforcement:______________________________________________________ 25
Address:__________________________________________________________ 26
Additional Contact Information for Person(s) Registering Judgment (Optional):______ 27
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Telephone Number: __________________FAX Number:_______________ 1
Email Address: ________________________ 2
Name of Attorney for Person(s) Registering Judgment, if any: ____________________ 3
Address: ______________________________ 4
Telephone Number: ________________FAX Number:_________________ 5
Email Address: _________________________ 6
Name of Person(s) Against Whom Judgment is Being Registered:_________________ 7
Address of Person(s) Against Whom Judgment is Being Registered (provide the most 8
recent address known):________________________________. 9
Additional contact information for Person(s) Against Whom Judgment is Being 10
Registered (Optional) (provide most recent information known): 11
Telephone Number: _________________FAX Number:_________________ 12
Email Address: ________________________ 13
PART III. CALCULATION OF AMOUNT FOR WHICH ENFORCEMENT IS 14
SOUGHT 15
Identify the currency or currencies in which each amount is stated. 16
The amount of the Canadian judgment or part of the judgment being registered is 17
_______________________. 18
The amount of interest accrued as of the date of registration on the part of the 19
judgment being registered is _______________________________. 20
The applicable rate of interest is __________________. The date when interest began 21
to accrue is ________________. The part of the judgment to which the interest applies 22
is ___________________________. 23
The Canadian court awarded costs and expenses relating to the part of the judgment 24
being registered in the amount of _________(Exclude any amount included in the 25
award of costs and expenses that represents an award of attorney's fees). 26
The Canadian court awarded attorney's fees relating to the part of the judgment be ing 27
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registered in the amount of ___________________. 1
The person registering the Canadian judgment claims post -judgment costs and 2
expenses of _______________ and post -judgment attorney's fees of _______________ 3
relating to the part of the judgment being reg istered (include only costs, expenses, and 4
attorney's fees incurred before registration). 5
The amount of the part of the judgment being registered that has been satisfied as of 6
the date of registration is __________________. 7
The total amount for which enforcement of the part of the judgment being registered is 8
sought is _______________________________. 9
PART IV. STATEMENT OF PERSON REGISTERING JUDGMENT 10
I, ___________________(Person registering judgment or attorney for person 11
registering judgment), state: 12
1. The Canadian judgment is final, conclusive, and enforceable under the law 13
of the Canadian jurisdiction in which it was rendered. 14
2. The Canadian judgment or part of the Canadian judgment being registered 15
is within the scope of Sections 1 to 11 of this Act. 16
3. If only a part of the Canadian judgment is being registered, the amounts 17
stated in Part III of this form that relate to that part. 18
PART V. ITEMS REQUIRED TO BE INCLUDED WITH REGISTRATION 19
Attached are (check to signify required items are included): 20
______A copy of the Canadian judgment authenticated as accurate by the Canadian 21
court that entered the judgment in the same manner a copy of a foreign judgment is 22
authenticated in an action under Section 17 of this Act. 23
______If the Canadian judgment is not in English, a certified translation of the 24
judgment into English. 25
_______A registration fee in the amount established by the Supreme Court of 26
Kentucky. 27
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I declare that the information provided on this form is true and correct to the best 1
of my knowledge and belief. 2
Submitted by:________________________________ 3
Person Registering Judgment or Attorney for Person 4
Registering Judgment (Specify Whether Signer is the 5
Person Registering the Judgment or that Person's 6
Attorney) 7
Date of Submission: __________________________" 8
SECTION 5. A NEW SECTION OF KRS CHAPTER 426A IS CREATED TO 9
READ AS FOLLOWS: 10
(1) Subject to subsection (2) of this section, a Canadian judgment registered under 11
Section 4 of this Act has the same effect provided in Section 18 of this Act for a 12
judgment a court determines to be entitled to recognition. 13
(2) A Canadian judgment registered under Section 4 of this Act shall not be enforced 14
by sale or other disposition of property, or by seizure of property, until thirty -one 15
(31) days after notice of registration under Section 6 of this Act is served. The 16
court for cause may provide for a shorter or longer time. This subsection shall 17
not preclude use of relief available under the laws of this state other than 18
Sections 1 to 11 of this Act to prevent dissipation, disposition, or removal of 19
property. 20
SECTION 6. A NEW SECTION OF KRS CHAPTER 426A IS CREATED TO 21
READ AS FOLLOWS: 22
(1) A person who registers a Canadian judgment under Section 4 of this Act shall 23
cause notice of registration to be served on the person against whom the 24
judgment has been registered. 25
(2) Notice under this section shall be served in the same manner as a summons and 26
complaint is required to be served in an action seeking recognition under Section 27
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17 of this Act of a foreign-country money judgment. 1
(3) Notice under this section shall include: 2
(a) The date of registration and the court in which the judgment was registered; 3
(b) The case number assigned to the registration; 4
(c) The name and address of: 5
1. The person registering the judgment; and 6
2. The person's attorney, if any; 7
(d) A copy of the registration, including the documents required under 8
subsection (2) of Section 4 of this Act; and 9
(e) A statement that: 10
1. The person against whom the judgment has been registered, not later 11
than thirty (30) days after the date of service of notice, may petition 12
the court to vacate the registration; and 13
2. The court may, for good cause shown, provide for a shorter or longer 14
time. 15
(4) Proof of service of the notice under this section shall be filed with the court. 16
SECTION 7. A NEW SECTION OF KRS CHAPTER 426A IS CREATED TO 17
READ AS FOLLOWS: 18
(1) No later than thirty (30) days after service of the notice required under Section 6 19
of this Act, the person against whom the judgment was registered may petition the 20
court to vacate the registration. The court, for good cause shown, may provide for 21
a shorter or longer time for filing the petition. 22
(2) A petition filed under this section may only assert: 23
(a) A ground that could be asserted to deny recognition of the judgment under 24
Sections 12 to 23 of this Act; or 25
(b) A failure to comply with a requirement of Sections 1 to 11 of this Act for 26
registration of the judgment. 27
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(3) A petition filed under this section shall not in and of itself stay enforcement of the 1
registered judgment. 2
(4) If the court grants a petition under this section, the registration shall be vacated, 3
and any act under the registration to enforce the registered judgment is void. 4
(5) If the court grants a petition under this section on a ground under subsection 5
(2)(a) of this section, the court shall also enter a judgment denying recognition of 6
the Canadian judgment. A judgment entered under this subsection shall have the 7
same effect as a judgment denying recognition of a judgment on the same gr ound 8
under Sections 12 to 23 of this Act. 9
SECTION 8. A NEW SECTION OF KRS CHAPTER 426A IS CREATED TO 10
READ AS FOLLOWS: 11
A person who filed a petition under subsection (1) of Section 7 of this Act to vacate 12
registration of a Canadian judgment may request the court to stay enforcement of the 13
judgment pending a determination of the petition. The court shall grant the stay if t he 14
person establishes a likelihood of success on the merits with regard to a ground listed 15
in subsection (2) of Section 7 of this Act for vacating a registration. The court may 16
require the person to provide security in an amount determined by the court as a 17
condition of granting the stay. 18
SECTION 9. A NEW SECTION OF KRS CHAPTER 426A IS CREATED TO 19
READ AS FOLLOWS: 20
(1) Sections 1 t o 11 of this Act supplement Sections 12 to 23 of this Act and all 21
provisions except Section 17 of this Act apply to a registration under Sections 1 to 22
11 of this Act. 23
(2) A person may seek recognition of a Canadian judgment described in Section 3 of 24
this Act either: 25
(a) By registration under Sections 1 to 11 of this Act; or 26
(b) Under Section 17 of this Act. 27
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(3) Subject to subsection (4) of this section, a person may not seek recognition in this 1
state of the same judgment or part of a judgment described in s ubsection (2) or 2
(3) of Section 3 of this Act with regard to the same person under both Sections 1 3
to 11 of this Act and Section 17 of this Act. 4
(4) If the court grants a petition to vacate a registration solely on a ground under 5
subsection (2)(b) of Section 7 of this Act, the person seeking registration may: 6
(a) If the defect in the registration can be cured, file a new registration under 7
Sections 1 to 11 of this Act; or 8
(b) Seek recognition of the judgment under Section 17 of this Act. 9
SECTION 10. A NEW SECTION OF KRS CHAPTER 426A IS CREATED 10
TO READ AS FOLLOWS: 11
In applying and construing Sections 1 to 11 of this Act, consideration shall be given to 12
the need to promote uniformity of the law with respect to its subject mat ter among 13
states that enact it. 14
SECTION 11. A NEW SECTION OF KRS CHAPTER 426A IS CREATED 15
TO READ AS FOLLOWS: 16
Sections 1 to 11 of this Act shall apply to the registration of a Canadian judgment 17
entered in a proceeding tha t is commenced in Canada on or after the effective date of 18
this Act. 19
SECTION 12. A NEW SECTION OF KRS CHAPTER 426A IS CREATED 20
TO READ AS FOLLOWS: 21
Sections 12 to 23 of this Act may be cited as the Uniform Foreign Country Money 22
Judgments Recognition Act. 23
SECTION 13. A NEW SECTION OF KRS CHAPTER 426A IS CREATED 24
TO READ AS FOLLOWS: 25
As used in Sections 12 to 23 of this Act: 26
(1) "Foreign country" means a government other than: 27
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(a) The United States; 1
(b) A state, district, commonwealth, territory, or insular possession of the 2
United States; or 3
(c) Any other government to which the decision in this state as to whether to 4
recognize a judgment of that government's courts is initially subject to 5
determination under the Full Faith and Credit Clause of the United States 6
Constitution; and 7
(2) "Foreign-country judgment" means a judgment of a court of a foreign country. 8
SECTION 14. A NEW SECTION OF KRS CHAPTER 426A IS CREATED 9
TO READ AS FOLLOWS: 10
(1) Except as provided in subsection (2) of this section, Sections 12 to 23 of this Act 11
applies to a foreign-country judgment to the extent that the judgment: 12
(a) Grants or denies recovery of a sum of money; and 13
(b) Under the la w of the foreign country where rendered, is final, conclusive, 14
and enforceable. 15
(2) Sections 12 to 23 of this Act do not apply to a foreign -country judgment, even if 16
the judgment grants or denies recovery of a sum of money, to the extent that the 17
judgment is: 18
(a) A judgment for taxes; 19
(b) A fine or other penalty; or 20
(c) A judgment for divorce, support, or maintenance, or other judgment 21
rendered in connection with domestic relations. 22
(3) A party seeking recognition of a foreign -country judgment has the burden of 23
establishing that Sections 12 to 23 of this Act apply to the foreign-country 24
judgment. 25
SECTION 15. A NEW SECTION OF KRS CHAPTER 426A IS CREATED 26
TO READ AS FOLLOWS: 27
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(1) Except as otherwise provided in subsections (2) and (3) of this section, a court of 1
this state shall recognize a foreign-country judgment to which Sections 12 to 23 2
of this Act apply. 3
(2) A court of this state may not recognize a foreign-country judgment if: 4
(a) The judgment was rendered under a judicial system that does not provide 5
impartial tribunals or procedures compatible with the requirements of due 6
process of law; 7
(b) The foreign court did not have personal jurisdiction over the defendant; or 8
(c) The foreign court did not have jurisdiction over the subject matter. 9
(3) A court of this state shall not be required to recognize a foreign-country judgment 10
if: 11
(a) The defendant in the proceeding in the foreign court did not receive notice 12
of the proceeding in sufficient time to enable the defendant to defend; 13
(b) The judgment was obtained by fraud that deprived the lo sing party of an 14
adequate opportunity to present its case; 15
(c) The judgment or the cause of action on which the judgment is based is 16
repugnant to the public policy of this state or of the United States; 17
(d) The judgment conflicts with another final and conclusive judgment; 18
(e) The proceeding in the foreign court was contrary to an agreement between 19
the parties under which the dispute in question was to be determined other 20
than by proceedings in that foreign country; 21
(f) In the case of jurisdiction based onl y on personal service, the foreign court 22
was a seriously inconvenient forum for the trial of the action; 23
(g) The judgment was rendered in circumstances that raise substantial doubt 24
about the integrity of the rendering court with respect to the judgment; or 25
(h) The specific proceeding in the foreign court leading to the judgment was 26
not compatible with the requirements of due process of law. 27
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(4) A party resisting recognition of a foreign -country judgment has the burden of 1
establishing that a ground for nonre cognition stated in subsection (2) or (3) of 2
this section exists. 3
SECTION 16. A NEW SECTION OF KRS CHAPTER 426A IS CREATED 4
TO READ AS FOLLOWS: 5
(1) A foreign-country judgment shall not be refused recognition for lack of p ersonal 6
jurisdiction if the defendant: 7
(a) Was served with process personally in the foreign country; 8
(b) Voluntarily appeared in the proceeding, other than for the purpose of 9
protecting property seized or threatened with seizure in the proceeding or of 10
contesting the jurisdiction of the court over the defendant; 11
(c) Before the commencement of the proceeding, had agreed to submit to the 12
jurisdiction of the foreign court with respect to the subject matter involved; 13
(d) Was domiciled in the foreign country wh en the proceeding was instituted or 14
was a corporation or other form of business organization that had its 15
principal place of business in, or was organized under the laws of, the 16
foreign country; 17
(e) Had a business office in the foreign country and the pro ceeding in the 18
foreign court involved a cause of action arising out of business done by the 19
defendant through that office in the foreign country; or 20
(f) Operated a motor vehicle or airplane in the foreign country and the 21
proceeding involved a cause of action arising out of that operation. 22
(2) The list of bases for personal jurisdiction in subsection (1) of this section shall 23
not be exclusive. The courts of this state may recognize bases of personal 24
jurisdiction other than those listed in subsection (1) of t his section as sufficient to 25
support a foreign-country judgment. 26
SECTION 17. A NEW SECTION OF KRS CHAPTER 426A IS CREATED 27
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TO READ AS FOLLOWS: 1
(1) If recognition of a foreign -country judgment is sought as an original matter, the 2
issue of recognition shall be raised by filing an action seeking recognition of the 3
foreign-country judgment. 4
(2) If recognition of a foreign -country judgment is sought in a pending action, the 5
issue of recognition may be raised by counterclaim, cross -claim, or affirmative 6
defense. 7
SECTION 18. A NEW SECTION OF KRS CHAPTER 426A IS CREATED 8
TO READ AS FOLLOWS: 9
If the court in a proceeding under Section 17 of this Act finds that the foreign -country 10
judgment is entitled to recognition under Sections 12 to 23 of this Act then, to the 11
extent that the foreign-country judgment grants of denied recovery of a sum of money, 12
the foreign-country judgment shall be: 13
(1) Conclusive between the parties to the same extent as the judgment of a sister state 14
entitled to full faith and credit in this state would be conclusive; and 15
(2) Enforceable in the same manner and to the same extent as a judgment rendered 16
in this state. 17
SECTION 19. A NEW SECTION OF KRS CHAPTER 426A IS CREATED 18
TO READ AS FOLLOWS: 19
If a party establishes that an appeal from a foreign-country judgment is pending or will 20
be taken, the court may stay any proceedings with regard to the foreign -country 21
judgment until the: 22
(1) Appeal is concluded; 23
(2) Time for appeal expires; or 24
(3) Appellant has had sufficient time to prosecute the appeal and has failed to do so. 25
SECTION 20. A NEW SE CTION OF KRS CHAPTER 426A IS CREATED 26
TO READ AS FOLLOWS: 27
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An action to recognize a foreign -country judgment shall be commenced within the 1
earlier of the time during which the foreign -country judgment is effective in the 2
foreign country or fifteen (15) years from the date that the foreign -country judgment 3
became effective in the foreign country. 4
SECTION 21. A NEW SECTION OF KRS CHAPTER 426A IS CREATED 5
TO READ AS FOLLOWS: 6
In applying and construing Sections 12 to 23 of this Act, consideration shall be given 7
to the need to promote uniformity of the law with respect to its subject matter among 8
the states that enact it. 9
SECTION 22. A NEW SECTION OF KRS CHAPTER 426A IS CREATED 10
TO READ AS FOLLOWS: 11
Sections 12 to 23 of this Act shall not prevent the recognition under principles of 12
comity or otherwise of a foreign -country judgment not within the scope of Sections 12 13
to 23 of this Act. 14
SECTION 23. A NEW SECTION OF KRS CHAPTER 426A IS CREATED 15
TO READ AS FOLLOWS: 16
Sections 12 to 23 of this Act shall apply to all actions commenced after the effective 17
date of this Act in which the issue of recognition of a foreign -country judgment is 18
raised. 19
Section 24. This Act takes effect January 1, 2027. 20