2019 Kentucky Revised Statutes Chapter 423 - Notaries public and commissioners of foreign deeds 423.325 Personal knowledge and satisfactory evidence of identity -- Use of communication technology -- Additional information. (Effective January 1, 2020).
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423.325
Personal knowledge and satisfactory evidence of identity -- Use of
communication technology -- Additional information.
(1)
(2)
(3)
(4)
A notarial officer has personal knowledge of the identity of an individual appearing
before the officer if the individual is personally known to the officer through
dealings sufficient to provide reasonable certainty that the individual has the
identity claimed.
A notarial officer has satisfactory evidence of the identity of an individual appearing
before the officer if the officer can identify the individual by means of one (1) of the
following credentials:
(a) A non-expired passport, driver’s license, or government-issued
identification card;
(b) Another current form of government identification issued to an individual,
which contains the signature and a photograph of the individual, and is
satisfactory to the notarial officer; or
(c) If the means presented in paragraphs (a) and (b) of this subsection are
unavailable, verification on oath or affirmation of a credible witness
personally appearing before the notarial officer and known to the notarial
officer or whom the notarial officer can identify on the basis of a current
passport, driver’s license, or government-issued identification card.
Notwithstanding subsection (2) of this section, in performing an electronic
notarization, an online notary public has satisfactory evidence of the identity of an
individual appearing before the online notary public if the online notary public can
identify the individual through the use of communication technology that meets the
requirements of this section and the administrative regulations promulgated by the
Secretary of State under KRS 423.355(7) and 423.415, and by the following:
(a) The online notary public's personal knowledge of the individual; or
(b) Each of the following:
1.
Remote presentation by the individual of a government-issued
identification credential specified in this section that contains the
signature and photograph of the individual;
2.
Credential analysis of the identification credential described by
subparagraph 1. of this paragraph; and
3.
Identity proofing of the individual, which may include a dynamic
knowledge-based authentication assessment; or
(c) A valid public key certificate that complies with the administrative regulations
promulgated by the Secretary of State pursuant to KRS 423.415.
A notarial officer may require an individual to provide additional information or
identification credentials necessary to assure the notarial officer of the identity of
the individual.
Effective: January 1, 2020
History: Created 2019 Ky. Acts ch. 86, sec. 6, effective January 1, 2020.
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