2019 Kentucky Revised Statutes Chapter 423 - Notaries public and commissioners of foreign deeds 423.355 Online notary public -- Electronic notarization -- Refusal to perform notarial act -- Use of communication technology -- Registration -- Administrative regulations -- Application of state law. (Effective January 1, 2020).
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423.355 Online notary public -- Electronic notarization -- Refusal to perform
notarial act -- Use of communication technology -- Registration -Administrative regulations -- Application of state law.
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An online notary public:
(a) Shall be commissioned as a notary public pursuant to KRS 423.300 to
423.455 and has the powers and duties of a traditional notary public as
provided by KRS 423.300 to 423.455;
(b) May perform notarial acts as provided by KRS 423.300 to 423.455 in addition
to performing electronic notarizations; and
(c) May, upon registration with the Secretary of State as an online notary public
pursuant to KRS 423.390, perform electronic notarizations authorized under
this section.
An online notary public may perform an electronic notarization provided the online
notary public is physically located in this state while performing the notarial act and
if:
(a) The online notary public has:
1.
Personal knowledge of the identity of the individual pursuant to KRS
423.325; or
2.
Satisfactory evidence of the identity of the individual pursuant to KRS
423.325(3); and
(b) At the time of electronic notarization:
1.
The individual appearing before the online notary public is located
within this state, or elsewhere within the geographic boundaries of a
state of the United States; or
2.
The individual is located outside the United States and:
a.
The individual confirms to the online notary public that the record
is to be filed with or relates to a matter before a court,
governmental entity, public official, or other entity located in the
territorial jurisdiction of the United States, or relates to property
located in the United States, or relates to a transaction substantially
connected to the United States; and
b.
To the online notary public's actual knowledge, the act of making
the statement or signing the record is not prohibited by the
jurisdiction in which the individual is located.
In addition to the authority of a notary public to refuse to perform a notarial act
pursuant to KRS 423.330, a notary public may refuse to perform a notarial act under
this section if the notary public is not satisfied that a notarial act performed would
conform with subsection (2)(b)2. of this section.
If a notarial act involves a statement made in or a signature executed on an
electronic record by an individual by means of communication technology, the
certificate of notarial act required by KRS 423.360 shall indicate that the individual
making the statement or signing the record appeared before the online notary public
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by means of communication technology.
For each electronic notarization, the online notary public shall:
(a) Include, in addition to the journal entries required under KRS 423.380, an
indication of whether an individual making a statement or executing a
signature which is the subject of the notarial act appeared before the online
notary public in the notary's physical presence or by means of communication
technology;
(b) Create a complete recording of the conference session containing the audiovideo communication between the online notary public and individual
appearing before the online notary public, in accordance with the standards
adopted under subsection (7) of this section and KRS 423.415; and
(c) Maintain the recording described by paragraph (b) of this subsection for at
least ten (10) years after the date of the applicable transaction or proceeding or
for the period of retention of a notary public's journal pursuant to KRS
423.380, whichever is longer.
Before an online notary public performs any electronic notarizations under this
section, the online notary public shall register with the Secretary of State pursuant to
KRS 423.390.
The Secretary of State may promulgate administrative regulations regarding the
performance of electronic notarizations. The administrative regulations may:
(a) Prescribe the means of performing a notarial act involving communication
technology;
(b) Establish standards for communication technology and the process of
credential analysis and identity proofing;
(c) Establish procedures for the requirements of providers of communication
technology; and
(d) Establish standards and requirements for the retention of a video and audio
copy of the performance of a notarial act.
Regardless of the physical location of the individual at the time of the notarial act,
the validity of an electronic notarization performed by an online notary public
commissioned in this state shall be determined by applying the laws of this state.
An online notary public shall take reasonable steps to ensure that:
(a) Any registered device or credential used to create an electronic signature is
current and has not been revoked or terminated by the device's or credential's
issuing or registering authority;
(b) The audio-video communication used in an electronic notarization is secure
from unauthorized interception or use;
(c) A backup exists for all information pertaining to an electronic notarization
required to be kept by administrative regulations promulgated pursuant to
subsection (7) of this section and KRS 423.415; and
(d) The backup described by paragraph (c) of this subsection is secure from
unauthorized use.
Effective: January 1, 2020
History: Created 2019 Ky. Acts ch. 86, sec. 12, effective January 1, 2020.
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