Kentucky - U.S. Notary Reference

Last updated: November 18, 2024

Notary Jurisdiction

Statewide (KRS 423.340[1][a]; 423.390[6]).

Notary Term Length

Four years (KRS 423.390[3]).

Notary Bond

$1,000 (KRS 423.390[5]).

Notary Seal

Not required.

Notary Journal

Required for electronic (online) notarizations only (KRS 423.380[1]).

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Commissioning Official

The Kentucky Secretary of State appoints and maintains records on the commonwealth’s Notaries (KRS 423.390[1]).

Contact Information

1. Address: Office of Secretary of State
   Notary Branch
   P.O. Box 821
   700 Capital Ave., Suite 158
   Frankfort, KY 40601

2. Phone: 502-564-3490

3. Website: http://web.sos.ky.gov/notaries/Index

Laws, Rules and Guidelines

1. Laws: Most Notary rules are in the Kentucky Revised Statutes (KRS), Chapter 423, “Notaries Public and Commissioners of Foreign Deeds” including the “Uniform Recognition of Acknowledgments Act.”

2. Rules: Regulations governing Notary Public commission applications and electronic and online Notary registrations are in the Kentucky Administrative Regulations (KAR), Title 30, Chapter 8, Regulation 005.

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Commission Process

1. Qualifications: An applicant for appointment as a Kentucky Notary must (KRS 423.390[2][a]-[e]):
   (a) be at least 18 years old,
   (b) be a citizen or permanent legal resident of the United States;
   (c) be a resident of or have a place of employment or practice in the county within the Commonwealth where the application is made;
   (d) be able to read and write English; and
   (e) not be disqualified to receive a commission under KRS 423.395.

2. Course: Not required.
   “The Secretary of State may promulgate administrative regulations to implement KRS 423.300 to 423.455…. The administrative regulations may … [e]stablish requirements for notarial training or education as a condition of obtaining or renewing a commission” (KRS 423.415[2]).

3. Exam: Not required.

4. Application: An applicant for a Notary commission must complete an application for a Notary appointment that includes the payment of a commissioning fee of $10 (KRS 423.430[3][a]), made out to “Kentucky State Treasurer.”
   “An application for a commission as a notary public shall be submitted on a form provided for that purpose by the Office of the Secretary of State or submitted on an electronic portal established by the Office of the Secretary of State for that purpose. A person who executes an application for filing with the Secretary of State shall be deemed to have declared under penalty of perjury that to the person’s knowledge, the contents of the application are true” (30 KAR 8:005 Section 2[1]).
   The application form may be downloaded from the Secretary’s website and submitted online (website, “Submit Notary Application for Appointment or Reappointment Online”) or mailed to the Secretary’s office with the fee.
   Every application for a Notary commission must include (30 KAR 8:005 Section 2[1]):
   (1) The applicant’s full legal name;
   (2) The applicant’s email address;
   (3) The applicant’s telephone number;
   (4) The applicant’s signature;
   (5) The county for which the application is being made;
   (6) The applicant’s physical and mailing address of residence or employment within the county of application;
   (7) A statement of whether the applicant has previously held a Notary commission, the name under which the applicant was previously commissioned, and the date at which the most recent commission expired;
   (8) A statement that the applicant is at least eighteen years of age;
   (9) A statement that the applicant is a citizen or permanent legal resident of the United States;
   (10) A statement that the applicant is able to read and write English;
   (11) A statement identifying the surety provider from which the applicant intends to obtain a surety bond;
   (12) A statement that the applicant is not disqualified from becoming a Notary under the provision of KRS Chapter 423 or 30 KAR 8:005;
   (13) A statement that the applicant is not disqualified for any reason under 30 KAR 8:005 Section 2(3) (a)-(f); and
   (14) Payment of the required fee.

5. Background Screening: Not required.

6. Oath of Office, Filing Commission: “Within thirty (30) days of receiving a notary public commission from the Secretary of State, the applicant shall appear in person to take an oath of office, submit an assurance in the form of a surety bond, and file the commission, all of which shall take place before the county clerk listed in the commission application. The applicant shall pay fees to the county clerk for filing the assurance and administering the oath as set forth in KRS 64.012” (KRS 423.390[4]).

7. Commission Effective Date: A Notary commission is effective on the date of entry of the commission in the Secretary of State’s database of Notaries Public (30 KAR 8:005 Section 2[2]).

8. Disapproval of Application: “The Secretary of State may disapprove the application for the following reasons:
   “(a) The applicant’s failure to comply with KRS Chapter 423 or the provisions of this administrative regulation [30 KAR 8:005] or the existence of a pending inquiry regarding the applicant’s failure to comply with KRS Chapter 423 or this administrative regulation;
   “(b) Any information required under this administrative regulation is missing, inaccurate, incomplete, or cannot be independently verified;
   “(c) A fraudulent, dishonest, or deceitful misstatement or omission of fact in the submitted application;
   “(d) A finding against, or admission of liability by, the applicant in any legal proceeding or disciplinary action based on the applicant’s fraud, dishonesty, or deceit;
   “(e) The denial, refusal to renew, revocation, or suspension of an applicant’s notary commission or registration in another state; or
   “(f) Failure of the applicant to maintain the required surety bond” (30 KAR 8:005 Section 2[3]).

9. Non-Residents: Nonresidents may apply to become a Kentucky Notary if they have a place of employment or practice in the Kentucky county in which they apply (KRS 423.390[2][c]).

10. Reappointment: “Prior to the expiration of his or her commission period, a notary public may apply to the Secretary of State to renew his or her commission, and shall comply with the qualifications, renewal application filings, and other requirements then applicable to obtaining an original commission from the Secretary of State. The application for commission renewal shall be accompanied by a fee payment, as specified in KRS 423.430, made payable to the State Treasurer” (KRS 423.390[8][a]).
    Applicants for reappointment must take the oath of office and file a $1,000 surety bond and the Notary commission with the clerk of the county listed in the application for a commission within 30 days of receiving the commission from the Secretary of State (KRS 423.390[4]).
    The reapplying Notary’s unique commission number will remain the same for any subsequent commission (KRS 423.390[3]).
    “A notary public shall have no authority to perform notarial acts during any period between the expiration of his or her current commission and the effective date of any renewal commission” (KRS 423.390[8][d]).

11. No Immunity or Benefit: “A commission to act as a notary public shall authorize the notary public to perform notarial acts. The commission shall not provide the notary public with any immunity or benefit conferred by the law of this state on public officials or employees” (KRS 423.390[9]).

Registration to Perform In-Person Electronic and Remote Notarial Acts

1. Clarification: This section describes the requirements and process for Kentucky Notaries to register to perform any type of notarial act involving electronic records, whether they be performed in the Notary’s physical presence or remotely.

2. Requirement: A Notary who wishes to perform notarial acts with respect to electronic records in the physical presence of the Notary or online notarizations using communication technology must register with the Secretary of State before performing these acts (KRS 423.390[10]). The Secretary of State must adopt administrative regulations regarding the forms and procedures for registration. The Secretary has adopted emergency regulations which are summarized below. The Secretary may adopt additional regulations pursuant to KRS 423.415 to require training or education as a condition of performing notarial acts with respect to electronic records and electronic notarization.
   The registration process is the same for both types of authorization, although a Notary may register to perform one or the other, or both.
   “A notary public shall register with the Secretary of State pursuant to KRS 423.390 if the notary public intends to perform notarial acts:
   “(a) With respect to electronic records where the individual will appear before the notary in the notary’s physical presence; or
   “(b) As an online notary public to perform electronic notarizations by means of communication technology” (KRS 423.385[1]).
   The notary public shall:
   ““(a) At the time of registration, be a commissioned notary public in this Commonwealth who has complied with the requirements set forth in subsections (1) to (8) of [KRS 423.390], and who has complied with all applicable notarial requirements set forth in this chapter;
   “(b) Register with the Secretary of State by submitting an electronic registration pursuant to [KRS 423.390[9]);
   “(c) Pay to the Secretary of State a registration fee payment, as specified in KRS 423.430, which is in addition to the commission application fee required to be a notarial officer in this state and any fees required to be paid to the county clerk to file a commission and assurance and to take an oath pursuant to KRS 62.010;
   “(d) Submit to the Secretary of State any registration forms, information, disclosures, and verifications required by administrative regulations promulgated by the Secretary of State; and
   “(e) Submit to the Secretary of State with the registration proof satisfactory to the Secretary of State that the registrant has satisfied the requirement to post an assurance as a notary public, as set forth in subsections (4) and (5) of [KRS 423.390]” (KRS 423.390[10]).
   “Thirty (30) days after compliance with all registration requirements and payment of the required registration fee, a notary public will be registered with the Secretary of State to perform notarial acts in the physical presence of an individual signer with respect to electronic records, or to perform electronic notarizations as an online notary public, or as both” (KRS 423.390[13]).

3. Approval and Disapproval of Registration: The Kentucky emergency regulations require the Secretary of State to approve a registration to perform notarial acts with respect to electronic records, online notarizations, or both if the applicant has met the qualifications and complied with the registration requirements. The emergency regulations also state the grounds for disapproval of a registration (30 KAR 8:005 Section 3[4][a]).

4. Termination of Registration: “A notary public may terminate an electronic registration by notifying the Office of the Secretary of State of that intent, in writing at: Secretary of State, Division of Corporations, Notary Commissions, P.O. Box 821, Frankfort, Kentucky 40602 or on any electronic portal created by the Office of the Secretary of State for that purpose. Termination of a notary’s electronic registration shall not terminate his or her commission” (30 KAR 8:005 Section 3[6]).

5. Renewal of Commission: “The renewal of the commission of a notary public who has previously registered to perform notarial acts with regard to electronic records or online notarizations under this Section constitutes renewal of his or her registration without the necessity of submitting another registration pursuant to this Section” (30 KAR 8:005 Section 3[7]).

6. Updated Technology: A Notary is not prohibited from receiving, installing, or using a hardware or software update to the technologies that the Notary identified in a registration to perform notarial acts in the physical presence of an individual signer with respect to electronic records, or to perform electronic notarizations as an online Notary Public, or both, if the hardware or software update does not result in technologies that are materially different from the technologies that the Notary identified in the registration (30 KAR 8:005 Section 3[8]).

Notification to Perform Paper Remote Notarial Acts

1. Clarification: Distinct from the registration process noted above for “electronic notarizations” (remote notarizations on electronic records), KRS 423.455 describes remote notarial acts that can be performed on paper records.

2. Requirement: “Before a notary public performs the notary public’s initial notarial act under this section, the notary public shall notify the Secretary of State that the notary public will be performing notarial acts facilitated by communication technology and identify the technology. If the Secretary of State has established standards for approval of communication technology or identity proofing under subsection (7) of this section, the communication technology and identity proofing shall conform to those standards” (KRS 423.455(6).

3. Process: “To be permitted to perform notarial acts with respect to tangible records using remote communication technology pursuant to KRS 423.455, you must notify the Secretary of State of your intention to do so and identify the communication technology platform you will be using pursuant to KRS 423.455(6). Submit your notification to SoSNotary@ky.gov with the following information.
   “Please include:
   ● Your full name as it appears on your commission certificate.
   ● Your current Notary ID # / Commission ID # and expiration date.
   ● Your chosen communication technology.
   ”The communication technology platform you select must be capable of recording each session and you must retain a copy of each session for a period of ten (10) years pursuant to KRS 423.455(5).
   “If the platform you select is not capable of fulfilling this requirement, you are not permitted to perform notarial acts remotely until you have notified the Secretary of State that you have selected a different communication technology platform that has this capability.
   “Each notary public intending to perform notarial acts with respect to tangible records using remote communication technology must be familiar with all requirements and limitations of KRS 423.455, including the requirement that the notary is located in this state and that the notarial certificate states that the notarial act involved the use of communication technology.
   “This does not permit you to perform notarial acts with respect to electronic records” (website, “Information on Remote Notarial Acts with Respect to Tangible Records).

Online Search

Using the Kentucky Secretary of State’s “Notary Lookup Service,” the roster of Kentucky Notaries may be searched from 1996 to the present at http://web.sos.ky.gov/notaries/SearchNotaries.

Jurisdiction

Statewide: “A notarial officer may perform a notarial act in any county of the Commonwealth after filing the commission and assurance and taking the oath required by this section, and for so long as the notary public’s commission and surety bond are valid and in effect” (KRS 423.390[6]).

Term Length

“On compliance with [KRS 423.390], the Secretary of State shall issue a commission as a notary public to an applicant for a term of four (4) years” (KRS 423.390[3]).

Bond

1. Requirement: “The assurance required by [KRS 423.390] shall be in the amount of one thousand dollars ($1,000) and shall be issued by a surety or other entity licensed or authorized to do business in this state. The assurance shall cover acts performed during the term of the notary public’s commission and shall be in the form prescribed by the Secretary of State. If a notary public violates the law with respect to notaries public in this state, the surety or issuing entity is liable under the assurance” (KRS 423.390[5]).

2. Cancellation of Assurance, Bond: “The surety or issuing entity shall give thirty (30) days’ notice to the Secretary of State before canceling the assurance or of the assurance’s expiration if such expiration is prior to the date of expiration of the notary’s commission. A notary public may perform notarial acts in this state only during the period that a valid assurance is on file with the county clerk” (KRS 423.390[5]).

Changes of Status

1. Change of Information: “If, at any time during his or her period of commission under [KRS 423.390], or period of registration under subsection (10) of this section, a notary public changes his or her mail or electronic mail address, county of residence, name, signature, electronic signature, or the technology or device used to perform notarial acts or to maintain his or her journal or to render electronic documents tamper-evident, the notary public shall, within ten (10) days after making the change, submit to the Secretary of State the changed information upon the form and containing all information required by the Secretary of State, along with a fee payment, as specified in KRS 423.430, payable to the State Treasurer” (KRS 423.390[7]).
   “A notary public shall notify the Office of the Secretary of State, in writing at: Secretary of State, Division of Corporations, Notary Commissions, P.O. Box 821, Frankfort, Kentucky 40602, on a form promulgated by the Office of the Secretary of State for that purpose or on any electronic portal created by the Office of the Secretary of State for that purpose, during the period of the notary’s commission and within ten (10) days of the change in any of the following information:
   “(a) The notary’s mailing, physical or electronic mail address;
   “(b) The notary’s county of residence;
   “(c) The notary’s legal name;
   “(d) The notary’s signature;
   “(e) The notary’s electronic signature, if any; or
   “(f) The notary technology used by the notary public” (30 KAR 8:005 Section 2[6]).
   A “Notary Public Change of Information Form” is available for download on the Secretary of State’s website.

2. Resignation: “A notary public may terminate his or her commission by notifying the Office of the Secretary of State of that intent, in writing at: Secretary of State, Division of Corporations, Notary Commissions, P.O. Box 821, Frankfort, Kentucky 40602 or on any electronic portal created by the Office of the Secretary of State for that purpose. Submission of a notification of termination of a notary commission shall automatically terminate any notary registration” (30 KAR 8:005 Section 2[5]).
   A “Voluntary Terminate a Commission Form” is available for download on the Secretary of State’s website. A resigning Notary must sign and swear to or affirm the statement of voluntary termination before another Notary Public.

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Authorized Acts

1. Notarial Acts: Kentucky Notaries are authorized to perform the following notarial acts (KRS 423.310):

   1. Take acknowledgments and proofs (KRS 423.110);

   2. Administer oaths and affirmations;

   3. Take verifications on oath or affirmation;

   4. Certify copies;

   5. Witness or attest signatures;

   6. Certify depositions;

   7. Execute protests;

   8. Perform any notarial act authorized by Kentucky law other than KRS 423.300-423.455.

2. In-Person Electronic and Remote Notarial Acts: A Kentucky Notary who has notified the Secretary of State that they will be performing technology-based notarial acts may perform any of the notarial acts listed above electronically or remotely (KRS 423.310[2]).

Acknowledgments

1. Definition: “‘Acknowledgment’ means a declaration by an individual before a notarial officer that the individual has signed a record for the purpose stated in the record and, if the record is signed in a representative capacity, that the individual signed the record with proper authority and signed it as the act of the individual or entity identified in the record” (KRS 423.300[1]).

2. Requirements: “A notarial officer who takes an acknowledgment of a record … shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the notarial officer has the identity claimed and that the signature on the record is the signature of the individual” (KRS 423.315).
   “The person taking an acknowledgment shall certify that:
   “(1) The person acknowledging appeared before him and acknowledged he executed the instrument; and
   “(2) The person acknowledging was known to the person taking the acknowledgment or that the person taking the acknowledgment had satisfactory evidence that the person acknowledging was the person described in and who executed the instrument” (KRS 423.130).

Proofs

Requirements: Proofs must be made by two subscribing witnesses, or by one subscribing witness who also proves the attestation of the other (KRS 382.130[2]). There are also procedures for when one or both subscribing witnesses are dead or out of the state (KRS 382.130[3] and [4]).
“Where a deed is proved by persons other than the subscribing witnesses, the officer shall state the name and residence of each person in his certificate” (KRS 382.160[2]).

Oaths and Affirmations

1. Oaths of Office: “The official oath of any officer, may be administered by:
   “(1) Any state or federal judge, with Kentucky jurisdiction; or
   “(2) Any county judge/executive, notary public, clerk of a court, or justice of the peace, within his district or county” (KRS 62.020).
   “A Kentucky notary public is empowered to administer most types of oath. These fall into two categories: (1) oaths of office and (2) oaths of testimony.
   “State law sets forth the form of the oath of office for most public officials. Some oaths of office must be administered by a specific official other than a notary. The oath of testimony is used to swear a person to the truthfulness of her/his statement (written or oral). The oath is familiar: ‘Do you solemnly swear to tell (or write) the truth, the whole truth and nothing but the truth, so help you God?’ or ‘Do you swear or affirm to tell (or write) the truth, the whole truth and nothing but the truth?’ Depositions, affidavits, hearings and government documents are common occasions for the use of the oath of testimony” (NPH).

Verifications

1. Definition: “‘Verification on oath or affirmation’ means a declaration, made by an individual on oath or affirmation before a notarial officer, that a statement in a record is true” (KRS 423.300[27]).

2. Requirements: “A notarial officer who … takes a verification of a statement on oath or affirmation shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the notarial officer has the identity claimed and that the signature on the record is the signature of the individual” (KRS 423.315).

Copy Certifications

1. Requirements: A Notary may “certify that a copy of any document, other than a document is recorded or in the custody of any federal, state, or local governmental agency, office, or court, is a true copy” (KRS 423.310[1][d]).

2. Tangible Copy of Electronic Record: “A notarial officer may certify that a tangible copy of an electronic record is an accurate copy of the electronic record” (KRS 423.310[5]; 30 KAR 8:005 Section 4[6]).
   “A notary public making the certification provided in this section [KRS 382.076] shall:
   “(a) Personally print or supervise the printing of the electronic document onto paper;
   “(b) Not make any changes or modifications to the electronic document other than the certification described in subsection (3) of this section; and
   “(c) Confirm that the electronic document has been rendered tamper-evident” (KRS 382.076[6]).
   “This section [KRS 382.076] shall not apply to a plat, map, or survey of real property if under another law of this state, or under a rule, regulation, or ordinance applicable to a clerk if:
   “(a) There are requirements of format or medium for the execution, creation, or recording of the plat, map, or survey beyond the requirements applicable to a deed to real property; or
   “(b) The plat, map, or survey must be recorded in a different location than a deed to real property” (KRS 382.076[9]).
   “A tangible copy of an electronic record containing a notarial certificate may be accepted as satisfying any requirement that a record accepted for recording be an original, if the notarial officer executing the notarial certificate certifies that the tangible copy is an accurate copy of the electronic record” (KRS 423.385[4]).
   See “Certificate of Notarial Act,” below for a certificate of a copy certification of a tangible copy of an electronic record.”

Signature Witnessings or Attestations

Requirements: “A notarial officer who … witnesses or attests a signature shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the notarial officer has the identity claimed and that the signature on the record is the signature of the individual” (KRS 423.315).

Depositions

1. Authority: “Depositions taken in this state, to be used in its courts, shall be taken before an examiner; a judge, clerk, commissioner or official reporter of a court; a notary public; or before such other persons and under such circumstances as shall be authorized by law” (Ky. Rules of Civil Proc., Rule 28.01).

2. Certifying Depositions: KRS 423.310 states a Notary may “certify” a deposition, which typically involves taking a verification on oath or affirmation from the deponent once the deponent’s testimony has been reduced to writing. The above-mentioned court rule states Notaries may “take” the deposition, which may mean receiving the oral statements and committing them to writing.

Protests

1. Definition: “A protest is a certificate of dishonor made by a United States consul or vice consul, or a notary public or other person authorized to administer oaths by the law of the place where dishonor occurs” (KRS 355.3-505[2]).

2. Requirement: “A notarial officer who makes or notes a protest of a negotiable instrument shall determine the matters as set forth in KRS 355.3-505(2)” (KRS 423.315).
   “[A protest] may be made upon information satisfactory to that person. The protest must identify the instrument and certify either that presentment has been made or, if not made, the reason why it was not made, and that the instrument has been dishonored by nonacceptance or nonpayment. The protest may also certify that notice of dishonor has been given to some or all parties” (KRS 355.3-505[2]).

Remote Notarial Acts

Definition: “‘Electronic notarization’ means a notarial act performed with respect to an electronic record by means of communication technology that meets the standards adopted under KRS 423.355(7) to 423.415” (KRS 423.300[7]).

In most other states, “electronic notarization” refers to a notarial act respecting an electronic record and using electronic signatures that is performed in the physical presence of the Notary. Confusingly, Kentucky is one state that has changed the definition to essentially refer to a remote notarial act.

Kentucky also authorizes Notaries to perform remote notarial acts using paper documents. See “Paper Remote Notarial Acts” under “Standards of Practice,” below.

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Personal Appearance

1. Notarial Acts: “If a notarial act relates to a statement made in or a signature executed on a record, the individual making the statement or executing the signature shall appear personally before the notarial officer” (KRS 423.320).

2. Remote Notarial Acts: Kentucky law, following the 2018 amendments to the Revised Uniform Law on Notarial Acts, allows individuals remote to the Notary to appear by means of communication technology for the performance of a notarial act on either a paper or electronic record (KRS 423.455). An appearance before a Notary by means of communication technology satisfies the requirement that a principal appear before the Notary under KRS 423.320.

Identification

1. Notarial Acts

   1. Requirement: In performing a paper notarial act or a notarization with respect to an electronic record (in the physical presence of the Notary – KRS 423.390[13]), a Notary must personally know or have satisfactory evidence of the identity of the principal appearing physically before the Notary as defined below.

   2. Personal Knowledge: “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” (KRS 423.325[1]).

   3. Satisfactory Evidence: “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” (KRS 423.325[2]).

2. Remote (“Electronic”) Notarial Acts

   1. Definitions

      1. “‘Remote presentation’ means transmission to an online notary public through communication technology of an image of a government-issued identification credential that is of sufficient quality to enable the online notary public to identify the individual seeking the online notary public’s services and to perform credential analysis” (KRS 423.300[22]).

      2. “‘Credential’ means a non-expired record issued by a government which bears an individual’s photo and which evidences an individual’s identity” (KRS 423.300[4]).

      3. “‘Credential analysis’ means a process or service that meets the standards adopted under KRS 423.355(7) to 423.415 by which a third person provides confidence as to the validity of a government-issued identification credential through review of public and proprietary data sources” (KRS 423.300[5]).

      4. “‘Identity proofing’ means, in the use of communication technology, a process or service that meets standards adopted under KRS 423.355(7) to 423.415 by which a third person provides confidence as to the identity of an individual through review of personal information from public or proprietary data sources” (KRS 423.300[11]).

      5. “‘Dynamic knowledge-based authentication assessment’ means an identity assessment that is based on a set of questions formulated from public or private data sources for which the signer of an electronic record has not provided a prior answer” (KRS 423.300[6]).

   2. Requirement: “[A]n 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” (KRS 423.325[3]).

   3. Additional Information or Credentials: “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” (KRS 423.325[4]).

   4. Identity Proofing: “[Identity proofing] shall include remote presentation of an appropriate government-issued identification card that contains the signature and photograph of the remotely located individual, credential analysis of that government-issued identification card by a service or process that analyzes the person’s identity credential, binds the individual’s identity to the individual following a successful dynamic knowledge-based authentication assessment, and permits the notary to visually compare the identity credential and the individual” (30 KAR 8:005 Section 5[4]).
      If a remotely located individual must exit the workflow, the individual must restart the identify verification process from the beginning (30 KAR 8:005 Section 5[5][c]).

   5. Credential Analysis: “The analysis of a government-issued identification card shall use public or private data sources to confirm the validity of the identity that is the subject of remote presentation by a remotely located individual and, at a minimum, shall:
      ”1. Use automated software processes to aid the online notary public in verifying the identity of each remotely located individual;
      (KRS 423.325[3]).”2. Require that the identity credential passes an authenticity test, consistent with sound commercial practices that use appropriate technologies to confirm the integrity of visual, physical, or cryptographic security features and to confirm that the identity credential is not fraudulent or inappropriately modified;
      ”3. Use information held or published by the issuing source or an authoritative source, as available and consistent with sound commercial practices, to confirm the validity of personal details and identity credential details; and
      ”4. Enable the online notary public to visually compare for consistency the information and photograph on the identity credential and the remotely located individual as viewed by the online notary public in real time through communication technology” (30 KAR 8:005 Section 5[4][a]).

   6. Dynamic Knowledge-Based Authentication: “A dynamic knowledge-based authentication assessment shall be successful if it meets the following requirements:
      ”1. The remotely located individual shall answer a minimum of five (5) questions related to the individual’s personal history or identity formulated from public or private data sources;
      ”2. Each question shall have a minimum of five (5) possible answer choices;
      ”3. At least eighty (80) percent of the questions shall be answered correctly;
      ”4. All questions shall be answered within two (2) minutes;
      ”5. If the remotely located individual fails the first attempt, the individual may attempt the authentication assessment one (1) additional time within twenty-four (24) hours;
      ”6. During the second authentication assessment, a minimum of forty (40) percent of the prior questions shall be replaced;
      ”7. If the remotely located individual fails the second authentication assessment, the individual shall not be allowed to attempt identity authentication with the same online notary public within twenty-four (24) hours of the second failed authentication assessment; and
      ”8. The online notary public shall not be able to see or record the questions or answers” (30 KAR 8:005 Section 5[4][b]).

   7. Public Key Certificate: “The identity of the individual appearing before the online notary public may be verified by use of a valid public key certificate that meets the requirements of a digital certificate, complies with the X.509 standard adopted by the International Telecommunication Union or a similar industry-standard technology, and is issued by a technology provider or digital certificate service registered with the Secretary of State pursuant to this administrative regulation” (30 KAR 8:005 Section 5[4][c][1]).
      “A public key certificate shall not be valid for identity verification if the public key certificate has expired, has been revoked or terminated by the issuing or registering authority, is invalid, or is incapable of authentication” (30 KAR 8:005 Section 5[4][c][2]).

   8. Restarting Identity Verification: “If a remotely located individual exits the workflow, the individual shall restart the identify verification process under subsection 4 of this Section from the beginning” (30 KAR 8:005 Section 5[5][c]).

Refusal of Services

1. Specific Grounds: “A notarial officer may refuse to perform a notarial act if the officer is not satisfied that:
   “(a) The individual executing the record is competent or has the capacity to execute the record; or
   “(b) The individual’s signature is knowingly and voluntarily made” (KRS 423.330[1]).

2. General Grounds: “A notarial officer may refuse to perform a notarial act unless refusal is prohibited by law other than KRS 423.300 to 423.455” (KRS 423.330[2]).

Signature by Proxy

“If an individual is physically unable to sign a record, the individual may direct another individual, other than the notarial officer, to sign the individual’s name on the record by proxy, in the presence of two (2) witnesses unaffected by the record, one (1) of whom may be the individual who signs, by proxy, on behalf of the individual physically unable to sign. Both witnesses shall sign their own names beside the proxy signature, and the notarial officer shall insert ‘Signature affixed by (name of proxy signer) at the direction of (name of individual) and in the presence of (names and addresses of the two witnesses)’ or words of similar import” (KRS 423.335).

Disqualifying Interest

1. Personal: “A notarial officer shall not perform a notarial act with respect to a record to which the notarial officer … is a party, or in which … [he or she] has a direct beneficial interest. A notarial act performed in violation of this subsection is voidable” (KRS 423.310[4]).

2. Relatives: “A notarial officer shall not perform a notarial act with respect to a record to which … the notarial officer’s spouse or other member of the notarial officer’s immediate family is a party, or in which any of those individuals has a direct beneficial interest. A notarial act performed in violation of this subsection is voidable” (KRS 423.310[4]).

3. Savings and Loan Notaries: A Notary who is a member or employee of a savings and loan association may notarize for that association: “No public officer qualified to take acknowledgments or proofs of written instruments shall be disqualified from taking the acknowledgment or proof of any instrument in writing in which an association is interested by reason of his membership in or employment by an association so interested, and any such acknowledgment or proofs heretofore taken are valid” (KRS 286.5–241).

4. Advance Directives: “The following persons shall not serve as a witness, a notary public, or other person authorized to administer oaths to the signing of an advance directive:
   “(a) The grantor's current health care provider or a relative of the current health care provider; and
   “(b) An owner, operator, employee, or relative of an owner or operator of a health facility in which the grantor is a client or resident, unless the owner, operator, employee, or relative serves as a notary public” (KRS 202A.422[3]).

Withholding Documents

“Except as otherwise allowed by law, a notary public shall not withhold access to or possession of an original record provided by a person that seeks performance of a notarial act by the notary public” (KRS 423.405[4]).

Unauthorized Practice of Law

No Authority: “A commission as a notary public does not authorize an individual to engage in the practice of law” (KRS 423.405[1]).

False or Deceptive Advertising

1. General Prohibition: “A notary public may not engage in false or deceptive advertising” (KRS 423.405[2]).

2. Prohibited Representation: “A notary public, other than an attorney licensed to practice law in this state, shall not advertise or represent that the notary public may assist persons in drafting legal records, give legal advice, or otherwise engage in the unauthorized practice of law as defined by rule of the Supreme Court” (KRS 423.405[3]).

In-Person Electronic Notarial Acts

1. Applicable Law

   1. Uniform Electronic Transactions Act: Effective August 1, 2000, Kentucky adopted the Uniform Electronic Transactions Act (KRS 369.101 through 369.120), including the provision on notarization, thereby recognizing the legal validity of electronic signatures used by Notaries: “If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record” (KRS 369.111).

   2. Uniform Real Property Electronic Recording Act: Effective January 1, 2020, Kentucky adopted the Uniform Real Property Electronic Recording Act, including the following provision related to electronic real property records: “A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature” (KRS 382.075[3]).

   3. Kentucky Revised Statutes, Chapter 423: In 2019, Kentucky enacted provisions regarding the notarization of electronic records in its Notary statutes. These provisions are summarized below.

   4. Kentucky Administrative Regulations, Title 30, Chapter 8, Regulation 005: In 2020, the Kentucky Secretary of State adopted temporary regulations regarding the notarization of electronic records. These regulations are summarized below.

2. Terminology: This section of the U.S. Notary Reference summarizes state laws related to the use of electronic signatures and seals in performing notarial acts.
   In Kentucky, “electronic notarization” is the term used more narrowly to denote online notarizations that are performed by an online Notary Public (KRS 423.300[8]). Kentucky law describes what most other states refer to as an “electronic notarization” that is performed in the physical presence of a Notary Public as a “notarial act with respect to electronic records” (KRS 423.385[1][a], [2] and [3]).

3. Technology Systems

   1. Approval of System Providers: Not required. Registration (see “Commission and Appointment,” above) is required, as is a self-certification in the application for registration that the technology provider’s system complies with Kentucky law.

   2. List of System Providers: The Secretary of State maintains a list of all registered providers of technology systems at https://web.sos.ky.gov/notaries/(S(nuwc0jefsj32duee4gqjj42w))/TechRegInfo.aspx.

4. Authority: “A notary public may perform any of the notarial acts listed in subsection (1) of [KRS 423.310] with respect to … electronic records” (KRS 423.310[2]).

5. Tamper-Evident Technology: “A notary public may select one (1) or more tamper-evident technologies to perform notarial acts in the physical presence of the individual signer with respect to electronic records, or to perform electronic notarizations. A person may not require a notary public to perform any notarial act with a technology that the notary public has not selected” (KRS 423.385[2]).
   “If the Secretary of State has established standards respecting technology to perform notarial acts in the physical presence of the individual signer with respect to electronic records, or to perform electronic notarizations, the technology chosen by the notary public shall conform to those standards” (KRS 423.385[3]).
   “The tamper-evident technology shall consist of a digital certificate complying with the X.509 standard adopted by the International Telecommunication Union or a similar industry-standard technology” (30 KAR 8:005 Section 4[1]).
   “A notary public shall not perform an electronic notarization if the digital certificate:
   ”(a) Has expired;
   ”(b) Has been revoked or terminated by the issuing or registering authority;
   ”(c) Is invalid; or
   ”(d) Is incapable of authentication” (30 KAR 8:005 Section 4[1]).
   “A notary public shall attach or logically associate the notary public’s electronic signature and official stamp, if any, to an electronic record that is the subject of a notarial act by use of the digital certificate” (30 KAR 8:005 Section 4[a]).

Remote (Electronic) Notarial Acts

1. Applicable Law

   1. Kentucky Revised Statutes, Chapter 423: In 2019, Kentucky enacted provisions regarding remote notarization. These provisions are summarized below.

   2. Kentucky Administrative Regulations, Title 30, Chapter 8, Regulation 005: In 2020, the Kentucky Secretary of State adopted temporary regulations regarding the notarization of electronic records. These regulations are summarized below.

2. Terminology: In Kentucky, “electronic notarization” is the term used more narrowly to denote online notarial acts that are performed by an online Notary Public using electronic records (KRS 423.300[8]). Kentucky distinguishes between “electronic” and “paper” remote notarial acts.

3. Authority: “Upon registration with the Secretary of State, an online notary may perform any of the notarial acts listed in subsection (1) of [KRS 423.310] as an electronic notarization” (KRS 423.310[3]; see also KRS 423.455[1][c]).

4. Technology Systems

   1. Approval of System Providers: Not required. Registration (see “Commission and Appointment,” above) is required, as is a self-certification in the application for registration that the technology provider’s system complies with Kentucky law.

   2. List of System Providers: Provided.
      The Secretary of State maintains a list of all registered providers of technology systems at https://web.sos.ky.gov/notaries/(S(nuwc0jefsj32duee4gqjj42w))/TechRegInfo.aspx.

   3. Notary Technology Provider Registration: 30 KAR 8:005 Section 5(6) outlines the requirements and process for providers of Notary technology for electronic or online notarizations to register with the Secretary of State. Section 5(7) outlines the process for filing a complaint against a provider. Section 5(8) states the duties of providers.

5. Location of Online Notary: “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.…” (KRS 423.355[2]).

6. Location of Remotely Located Individual: “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]t 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” (KRS 423.355[2][b]).

7. Communication Technology

   1. Definition: “‘Communication technology’ means an electronic device or process that:
      “(a) Allows a notary public and a remotely located individual to communicate with each other simultaneously by sight and sound; and
      “(b) When necessary and consistent with other applicable law, facilitates communication with a remotely located individual with a vision, hearing, or speech impairment” (KRS 423.300[3]).

   2. Standards: “Communication technology shall provide for synchronous audio-video feeds of sufficient video resolution and audio clarity to enable the online notary public and remotely located individual to see and speak with each other. The process shall provide a means for the online notary public reasonably to confirm that a record before the online notary public is the same record in which the remotely located individual made a statement or on which the remotely located individual executed a signature” (30 KAR 8:005 Section 5[5][a]).
      “Communication technology shall provide reasonable security measures to prevent unauthorized access to:
      ”1. The live transmission of audio-visual feeds;
      ”2. The methods used to perform the identify verification process under subsection 4 of this Section; and
      ”3. The record in which the remotely located individual made a statement or on which the remotely located individual executed a signature” (30 KAR 8:005 Section 5[5][b]).

8. Journal: For rules regarding an online Notary’s journal, see “Records of Notarial Acts,” below.

9. Audio-Visual Recordings: For rules regarding the requirement for an online Notary to make an audio-visual recording of each online notarization, see “Records of Notarial Acts,” below.

10. Security Requirements: “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” (KRS 423.355[9]).

Paper Remote Notarial Acts

1. Clarification: KRS 423.455 contains rules allowing a Notary Public (not to be equated with an online Notary Public) to notarize records for individuals remote to and appearing before the Notary by means of communication technology. These remote notarial acts are performed on paper records.

2. Notification: See “Commission and Appointment,” above for the requirements to notify the Secretary of State that the Notary will be performing remote notarial acts on tangible (paper) notarial acts.

3. Identification of Remotely Located Individual: Remotely located individuals may be identified by the Notary’s personal knowledge, a credible witness personally known to the remotely located individual and identified by the Notary through the Notary’s personal knowledge or a a current passport, driver’s license, or government-issued identification card, or through two forms of identity proofing (KRS 423.455[2]). See “Identification” under “Standards of Practice,” above. See also “Identification of Principals” under “Remote Notarial Acts,” above.

4. Communication Technology: For the requirements for the use of communication technology to perform paper remote notarial acts, see “Communication Technology” under “Remote Notarial Acts,” above.

5. Confirmation of Record: “A notary public located in this state may perform a notarial act facilitated by communication technology for a remotely located individual if… [t]he notary public is able reasonably to identify a record before the notary public as the same record in which the remotely located individual made a statement or on which the remotely located individual executed a signature” (KRS 423.455[2][b]).

6. Audio-Visual Recording: For rules regarding the requirement for a Notary to make an audio-visual recording of each notarial act performed for a remotely located individual, see “Records of Notarial Acts,” below.

7. Remotely Located Individual Outside the United States: “A notary public located in this state may perform a notarial act facilitated by communication technology for a remotely located individual if … [f]or a remotely located individual who is located outside the United States:
   “1. The record:
   “a. Is to be filed with or relates to a matter before a court, governmental entity, public official, or other entity subject to the jurisdiction of the United States; or
   “b. Involves property located in the territorial jurisdiction of the United States or a transaction substantially connected with the United States; and
   “2. The act of making the statement or signing the record is not prohibited by the foreign state in which the remotely located individual is located” (KRS 423.455[2][d]).

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Validity of Notarial Act

“Except as otherwise provided in KRS 423.310(4), the failure of a notarial officer to perform a duty or meet a requirement specified in KRS 423.300 to 423.455 does not invalidate a notarial act performed by the notarial officer. The validity of a notarial act does not prevent an aggrieved person from seeking to invalidate the record or transaction that is the subject of the notarial act or from seeking other remedies based on other laws of this state. This section does not validate a purported notarial act performed by an individual who does not have the authority to perform notarial acts” (KRS 423.410).

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Certificate Requirements

1. General Requirement: “A notarial act shall be evidenced by a certificate” (KRS 423.360[1]).

2. Specific Requirements: “The certificate shall:
   “(a) Be executed contemporaneously with the performance of the notarial act;
   “(b) Be signed and dated by the notarial officer and, if the notarial officer is a notary public, be signed in the same manner as on file with the secretary of state;
   “(c) Identify the county and state in which the notarial act is performed;
   “(d) Contain the title of office and name of the notarial officer; and
   “(e) If the notarial officer is a notary public, indicate the commission number and date of expiration, if there is an expiration date, of the officer’s commission” (KRS 423.360[1]).

3. Tangible Records: “If a notarial act is performed regarding a tangible record by a notarial officer, including a notary public, the certificate shall contain the information specified in [KRS 423.360] paragraphs (b), (c), and (d) of subsection (1) of this section, along with the additional information in paragraph (e) of subsection (1) of this section, if the certificate is completed by a notary public. An official stamp may be affixed to or embossed on the certificate” (KRS 423.360[2]).

4. Electronic Records: “If a notarial act regarding an electronic record is performed by a notarial officer, the certificate shall contain the information specified in [KRS 423.360] paragraphs (b), (c), and (d) of subsection (1) of this section, along with the additional information in paragraph (e) of subsection (1) of this section if the certificate is completed by a notary public. An official stamp may be attached to or logically associated with the certificate” (KRS 423.360[2]).

Certificates of Acknowledgment, Proof

“The form of a certificate of acknowledgment used by a person whose authority is recognized under (Uniform Recognition of Acknowledgments Act, Section 1) shall be accepted in this state if:
“1. The certificate is in a form prescribed by the laws or regulations of this state;
“2. The certificate is in a form prescribed by the laws or regulations applicable in the place in which the acknowledgment is taken;
“3. The certificate contains the words ‘acknowledged before me,’ or their substantial equivalent” (KRS 423.140).

“1. Where the acknowledgment of a deed is taken by an officer of this state or by an officer residing out of this state, he may simply certify that it was acknowledged before him, and when it was done.
“2. Where a deed is proved by persons other than the subscribing witnesses, the officer shall state the name and residence of each person in his certificate” (KRS 382.160).

Certificate Forms

Kentucky has adopted the Uniform Recognition of Acknowledgments Act and the Act’s five short-form certificates. It also has enacted a certificate form for a copy certification of a tangible copy of an electronic record. These certificate forms appear below.

Remote Notarial Certificate

“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 by means of communication technology” (KRS 423.355[4]).

Sufficiency of Certificate

1. Notarial Acts: “A certificate of a notarial act is sufficient if it meets the requirements of subsections (1) and (2) of [KRS 423.360] and:
   “(a) Is in a short form set forth in KRS 423.365;
   “(b) Is in a form otherwise permitted by the law of this state;
   “(c) Is in a form permitted by the law applicable in the jurisdiction in which the notarial act was performed; or
   “(d) Sets forth the actions of the notarial officer and the actions are sufficient to meet the requirements of the notarial act as provided in KRS 423.300 to 423.455 or other law of this state other than KRS 423.300 to 423.455” (KRS 423.360[3]).

2. Remote Notarial Acts: “A short-form certificate provided in KRS 423.365 for a notarial act subject to this section is sufficient if it:
   “(a) Complies with administrative regulations promulgated pursuant to subsection (7)(a) of this section; or
   “(b) Is in the form provided by KRS 423.365 and contains a statement substantially as follows: “This notarial act involved the use of communication technology” (KRS 423.455[4]).

Security of Certificate

1. Tangible Records: “If a notarial act is performed regarding a tangible record, a certificate shall be part of, or securely attached to, the record” (KRS 423.360[6]).

2. Electronic Records: “If a notarial act is performed regarding an electronic record, the certificate shall be affixed to, or logically associated with, the electronic record” (KRS 423.360[6]).

3. Rulemaking: “If the Secretary of State has established standards pursuant to KRS 423.415 for attaching, affixing, or logically associating the certificate, the process shall conform to the standards” (KRS 423.360[6]).

Executing a Certificate

“By executing a certificate of a notarial act, a notarial officer certifies that the officer has complied with the requirements and made the determinations specified in KRS 423.300 to 423.455” (KRS 423.360[4]).

“A notarial officer may not affix the officer’s signature to, or logically associate it with, a certificate until the notarial act has been performed” (KRS 423.360[4]).

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Definitions

1. “'Official stamp' means a physical image affixed to or embossed on a tangible record or an electronic image attached to or logically associated with an electronic record, including an official notary seal” (KRS 423.300[16]).

2. “‘Stamping device’ means:
   “(a) A physical device capable of affixing to or embossing on a tangible record an official stamp; or
   “(b) An electronic device or process capable of attaching to or logically associating with an electronic record an official stamp” (KRS 423.300[25]).

Official Stamp Requirement

1. Notarial Acts

   1. Notaries Public: Permitted.
      “If a notarial act is performed regarding a tangible record by a notarial officer, including a notary public, the certificate shall contain the information specified in [KRS 423.360] paragraphs (b), (c), and (d) of subsection (1) of this section, along with the additional information in paragraph (e) of subsection (1) of this section, if the certificate is completed by a notary public. An official stamp may be affixed to or embossed on the certificate” (KRS 423.360[2]).
      “A notary public commissioned pursuant to KRS 423.300 to 423.455 is not required to use a stamp” (KRS 423.370).

   2. Other Notarial Officers: Permitted (KRS 423.360[2]).

2. In-Person Electronic Notarial Acts

   1. Notaries Public: Permitted.
      “If a notarial act regarding an electronic record is performed by a notarial officer, the certificate shall contain the information specified in [KRS 423.360] paragraphs (b), (c), and (d) of subsection (1) of this section, along with the additional information in paragraph (e) of subsection (1) of this section if the certificate is completed by a notary public. An official stamp may be attached to or logically associated with the certificate” (KRS 423.360[2]).
      “A notary public shall not be required to use an official stamp when performing notarial acts with respect to electronic records” (30 KAR 8:005 Section 4[2][a]).
      A Notary who does not use an official stamp on an electronic record must ensure the certificate for the notarial act includes the name of the Notary as it appears on the Notary’s commission, the title “Notary Public” and the Notary’s commission number and expiration date (30 KAR 8:005 Section 4[3]).

   2. Other Notarial Officers: Permitted (KRS 423.360[2]).

3. Remote Notarial Acts

   1. Notaries Public: Permitted for remote notarial acts on paper and electronic records (KRS 423.360[2]).

   2. Other Notarial Officers: Notarial officers other than Notaries Public are not authorized to perform remote notarial acts under Kentucky law.

4. Electronic Real Property Records: Not required.
   “A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature” (KRS 382.075[3]).

Official Stamp Format

1. Notarial Acts

   1. Capable of Copying: “‘Stamping device’ means:
      “(a) A physical device capable of affixing to or embossing on a tangible record an official stamp; or
      “(b) An electronic device or process capable of attaching to or logically associating with an electronic record an official stamp” (KRS 423.300[25]).
      “If a notary public chooses to use a stamp, the notary public shall have an official stamp which shall … [b]e capable of being copied together with the record to which it is affixed or attached or with which it is logically associated” (KRS 423.370[2]).

   2. Shape/Size: Not specified.

   3. Components: If a Notary chooses to have an official stamp, the stamp must include the following (KRS 423.370[1]):

      1. Name of Notary;

      2. Title of Notary;

      3. Jurisdiction of Notary;

      4. Commission number of Notary;

      5. Commission expiration date of Notary.

2. In-Person Electronic Notarial Acts: “A notary public who uses an official stamp shall use the same unique official stamp for all notarial acts with respect to electronic records that are performed for an individual that is not remotely located. An official stamp under this Section is an official seal of office of the notary public for all purposes. An official stamp shall conform to the following requirements:
   “1. Required information. An official stamp shall substantially conform to a rectangular or circular seal design and shall include the name of the notary public as it appears on his or her commission, the notary’s commission number, the commission expiration date, and the words “Commonwealth of Kentucky” and “Notary Public”.
   ”2. Format and size. When affixed to an electronic record, an official stamp shall be clear, legible, and photographically reproducible. An official stamp shall not be required to be within a minimum or maximum size when photographically reproduced on an electronic record” (30 KAR 8:005 Section 4[2][b]).

3. Remote Notarial Acts: “If used for electronic notarizations, an online notary public may use an official stamp that shall contain the words ‘Online Notary Public’ in lieu of the words ‘Notary Public.’ A stamp that contains the words ‘Online Notary Public’ shall only be used to perform notarizations with regard to remotely located individuals” (30 KAR 8:005 Section 5[2]).

Examples

The below typical, actual-size examples of official Notary stamping devices and electronic Notary seals which are allowed by Kentucky law. Formats other than these may also be permitted.

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Electronic Official Stamp

1. Security of Electronic Signature and Stamping Device: “A notary public shall be responsible for the security of his or her stamping device and shall not allow another individual to use the device to perform a notarial act. A notary public shall take reasonable steps to maintain the security of the notary signature and stamping device and shall not disclose any access information used to affix his or her electronic signature or official stamp to electronic records, except:
   ”(a) When requested by the Secretary of State or a law enforcement officer;
   ”(b) When required by court order or subpoena; or
   ”(c) Pursuant to an agreement to facilitate notarial acts with a vendor or other technology provider identified in Section 5(6)(a) of this administrative regulation” (30 KAR 8:005 Section 4[4]).
   “A notary public shall not allow any other individual to alter or use his or her electronic signature, notary technology, official stamp, or stamping device to perform a notarial act” (30 KAR 8:005 Section 4[5][a]).

2. Theft, Vandalism of Technology or Electronic Stamping Device: “A notary public shall promptly notify the Secretary of State on actual knowledge of the theft or vandalism of the notary’s notary technology or electronic stamping device. A notary public shall promptly notify the Secretary of State on actual knowledge of the unauthorized use by another person of the notary’s electronic signature, notary technology, or electronic stamping device” (30 KAR 8:005 Section 4[5][c]).

3. Destruction of Technology, Electronic Stamping Device: “Upon resignation, revocation, or expiration of the notary’s commission, his or her notary technology and electronic stamping device (including any coding, disk, digital certificate, card, software, or password that enables the notary public to attach or logically associate the notary’s electronic signature or official stamp to an electronic record) shall be destroyed or disabled to prohibit its use by any other person. A former notary public whose commission terminated for a reason other than revocation or denial of renewal is not required to destroy his or her notary technology or electronic stamping device if the former notary public is recommissioned as a notary public within thirty (30) days after the termination of his or her former commission” (30 KAR 8:005 Section 4[5][b]).

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Records Requirement

1. Journal

   1. Notarial Acts: Not required.

   2. In-Person Electronic Notarial Acts: Not required.

   3. Remote Notarial Acts: Required.
      “An online notary public shall maintain a journal in which the online notary public chronicles all electronic notarizations that the online notary public performs” (KRS 423.380[1]).
      Note: A Notary Public who performs paper remote notarial acts is not required to keep a journal.

2. Recording of Remote Notarial Acts

   1. Electronic (Online) Notarial Acts: Required.
      “If a notarial act involves the use of communication technology, the notary public shall retain the audio-visual recording of the performance of the notarial act in compliance with both KRS 423.355(7) and the administrative regulations promulgated pursuant to KRS 423.415” (KRS 423.380[4]).

   2. Paper Remote Notarial Acts: Required.
      “A notary public located in this state may perform a notarial act facilitated by communication technology for a remotely located individual if … [t]he notary public, or a person acting on behalf of the notary public, creates an audio-visual recording of the performance of the notarial act” (KRS 423.455[2][c]).

Format of Journal

Electronic Journal of Remote (Online) Notarial Acts: “The journal shall be created in an electronic format. An online notary public may maintain more than one (1) journal to chronicle electronic notarizations. The journal shall be maintained in an electronic format in a permanent, tamper-evident electronic format complying with administrative regulations promulgated pursuant to KRS 423.415” (KRS 423.380[2] and 30 KAR 8:005 Section 6[3]).

Journal Entries

1. Required Entries: “An entry in a journal shall be made contemporaneously with performance of the notarial act and contain the following information:
   “(a) The date and time of the notarial act;
   “(b) A brief description of the record, if any, and type of notarial act as authorized in KRS 423.310;
   “(c) The full name and address of each individual for whom the notarial act is performed;
   “(d) If identity of the individual is based on personal knowledge, a statement to that effect;
   “(e) If identity of the individual is based on satisfactory evidence, a brief description of the method of identification and the identification and the means used as well as the date of issuance and expiration of any identification credential presented; and
   “(f) The fee, if any, charged by the online notary public” (KRS 423.380[3]; see also 30 KAR 8:005 Section 6[2]).

2. Prohibited Entries: “A journal entry shall not record an identification numbers assigned to an individual by a governmental agency or any biometric identifier” (30 KAR 8:005 Section 6[5]).

3. Audio-Visual Recording: 30 KAR 8:005 Section 6(2)(f) requires the audio-visual recording or a link to the recording to be part of the official journal of online notarial acts.

Security and Privacy of Journal, Recordings

“A journal must be created and stored in a computer or other electronic storage device or process that protects the electronic journal and any audio-visual recording against unauthorized access by password or cryptographic process. A recording must be created in an industry-standard audio-visual file format and must not include images of any record in which a remotely located individual made a statement or on which the remotely located individual executed a signature” (30 KAR 8:005 Section 6[3]).

“A journal entry shall not record an identification numbers assigned to an individual by a governmental agency or any biometric identifier” (30 KAR 8:005 Section 6[5]).

“A notary public must take reasonable steps to ensure that a backup of the journal and audio-visual recording exists and is secure from unauthorized use” (30 KAR 8:005 Section 6[6]).

Lost or Stolen Journal

“If a notary public’s journal is lost or stolen, the notary public promptly shall notify the Secretary of State on discovering that the journal is lost or stolen” (KRS 423.380[5]).

“A notary public shall be responsible for the security of his or her journal and shall not allow another individual to use the journal to perform a notarial act. A notary public shall take reasonable steps to maintain the security of the journal and shall not allow access to his or her journal, except:
“1. When requested by the Secretary of State or a law enforcement officer;
“2. When required by court order or subpoena; or
“3. Pursuant to an agreement to facilitate notarial acts with a vendor or other technology provider identified in accordance with Section 5 of this administrative regulation” (30 KAR 8:005 Section 6[9][a]).

“A notary public shall promptly notify the Secretary of State of a lost or stolen journal upon discovering the journal is lost or stolen” (30 KAR 8:005 Section 6[9][b]).

Retention of Journal, Recordings

“The online notary public shall retain the journal for ten (10) years after the performance of the last electronic notarization chronicled in the journal” (KRS 423.380[1]; see also 30 KAR 8:005 Section 6[4]).

“A notary public, a guardian, a conservator, or agent of a notary public, or a personal representative of a deceased notary public shall retain the audio-visual recording created under subsection (2)(c) of [KRS 423.455] or cause the recording to be retained by a repository designated by or on behalf of the person required to retain the recording. Unless a different period is required by administrative regulations promulgated under subsection (7)(d) of [KRS 423.455], the recording shall be retained for no less than ten (10) years after the recording is made” (KRS 423.455[5]).

Disposition of Journal, Recordings

1. Commission Resignation, Revocation or Suspension: “On resignation from, or the revocation or suspension of, a notary public’s commission, the notary public shall retain the notary public’s journal in accordance with subsection (1) of [KRS 423.380]” (KRS 423.380[6]; see also 30 KAR 8:005 Section 6[10]).

2. Incompetency or Death: “On the death or adjudication of incompetency of a current or former notary public, the notary public’s personal representative or guardian or any other person knowingly in possession of the journal shall transmit it to the Secretary of State or otherwise as directed in administrative regulations promulgated by the Secretary of State pursuant to KRS 423.415” (KRS 423.380[7).
   “On the death or adjudication of incompetency of a current or former notary public who is registered to perform notarial acts with respect to electronic records or notarial acts involving remotely located individuals, the online notary’s personal representative or guardian or any other person knowingly in possession of a journal or audio-visual recording shall:
   ”(a) Comply with the retention requirements of this subsection;
   ”(b) Transmit the journal and recording to one (1) or more repositories under this Section; or
   ”(c) Transmit the journal and recording in an industry-standard readable data storage device to his or her notary technology provider” (30 KAR 8:005 Section 6[7]).

3. Custodian of Journal: “A notary public may designate a custodian to do any of the following:
   “(a) Maintain the journal required under subsection (1) of [KRS 423.380]; or
   “(b) Retain an audio or visual recording of a notarial act required under subsection (4) of [KRS 423.380]” (KRS 423.380[8).
   “A notary public who is registered to perform notarial acts with respect to electronic records or electronic notarizations, a guardian, conservator, or agent of the notary public, or a personal representative of a deceased online notary public may, by written contract, engage a third person to act as a repository to provide the storage required by this Section. A third person under contract under this Section shall be deemed a repository or custodian under KRS 423.380(8) or KRS 423.455(5), as applicable. The contract shall:
   ”(a) Enable the registered notary public, the guardian, conservator, or agent of the registered notary public, or the personal representative of the deceased registered notary public to comply with the retention requirements of this Section even if the contract is terminated; or
   ”(b) Provide that the information shall be transferred to the registered notary public, the guardian, conservator, or agent of the registered notary public, or the personal representative of the deceased registered notary public if the contract is terminated” (30 KAR 8:005 Section 6[8]).

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Maximum Fees

1. No Maximum Fee: “For a notarial act relating to a tangible or electronic record, or for an electronic notarization, a notary public may charge a fee:
   “(a) In compliance with KRS 64.300; and
   “(b) Which has been clearly disclosed to the person requesting the service in advance” (KRS 423.425[1]).

2. Fees for Ancillary Services: “Compensation for services provided by a notary public which do not constitute notarial acts is not governed by this section” (KRS 423.430[2]).

No Fee

“No fee or compensation shall be allowed or paid for affixing the jurat of a notary public to any application, affidavit, certificate or other paper necessary to be filed in support of any claim for the benefits of federal legislation for any person or his dependents who has served as a member of the National Guard or a reserve component or as an active member of the Army, Navy, Air Force, Coast Guard, or Marine Corps of the United States” (KRS 64.300).

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Notary Signing Agents

Currently, there are no statutes, regulations or rules expressly governing, prohibiting or restricting the operation of Notary Signing Agents within the state of Kentucky.

Kentucky Supreme Court Ruling

Notary Signing Agents may operate freely in the Commonwealth of Kentucky due to a 2003 Kentucky Supreme Court ruling in the case of Countrywide Home Loans v. Kentucky Bar Association, 2000-SC-0206-KB (Ky. 8-21-2003). Countrywide had asked the Supreme Court to review the Kentucky Bar’s Advisory Opinion U-58, which declared that performance of a real estate closing by a lay closing agent is the unauthorized practice of law, reversing a previous Bar advisory, U-31, that allowed laypersons to conduct real estate closings subject to certain limitations. The Court concluded:

“We do not deny that there are some portions of the residential real estate transaction that do constitute the practice of law, i.e., the title commitment letter and the preparation of deeds and mortgages, but this case has not asked us to deal with those matters attendant to the real estate closing itself. What we have been concerned with today is merely the thin slice at the end of the real estate transaction that we refer to as the closing. Certainly, we do not doubt that legal issues arise at some real estate closings. We do not, however, believe that the rate at which these issues arise requires that only attorneys or persons under their immediate supervision conduct real estate closings. Stated otherwise, although a layperson may not dispense legal advice anywhere — not the golf course, not in line at the grocery, not while fishing on a lake somewhere, and certainly not at a real estate closing — we do not believe that a real estate closing is a setting so fraught with the potential for unauthorized practice that U-58’s blanket prohibition against lay closing agents is warranted as a prophylactic measure. Thus, we vacate U-58. In doing so, we recognize that U-31 properly states the law on real estate closings in Kentucky: laypersons may conduct real estate closings on behalf of other parties, but they may not answer legal questions that arise at the closing or offer any legal advice to the parties. If they do answer such questions, they are then engaged in the unauthorized practice of law.”

Recording Requirements

Acknowledgment or Proof: “No deed or deed of trust or mortgage conveying a legal or equitable title to real property shall be lodged for record and, thus, valid against a purchaser for a valuable consideration, without notice thereof, or against creditors, until such deed or mortgage is acknowledged or proved according to law. However, if a deed or deed of trust or mortgage conveying a legal or equitable title to real property is not so acknowledged or proved according to law, but is or has been otherwise lodged for record, such deed or deed of trust or mortgage conveying a legal or equitable title to real property or creating a mortgage lien on real property shall be deemed to be validly lodged for record for purposes of KRS Chapter 382, and all interested parties shall be on constructive notice of the contents thereof. As used in this section “creditors” includes all creditors irrespective of whether or not they have acquired a lien by legal or equitable proceedings or by voluntary conveyance” (KRS 382.270).

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Notarial Acts in Kentucky

“(1) A notarial act may be performed in this state by:
“(a) A notary public of this state; or
“(b) A county clerk of this state.
“(2) The signature and title of an individual performing a notarial act in this state are prima facie evidence that the signature is genuine and that the individual holds the designated title.
“(3) The signature and title of a notarial officer described in this section conclusively establishes the authority of the notarial officer to perform the notarial act.
“(4) A county clerk shall have the powers of a notarial officer in the exercise of the official functions of the office of clerk within his or her county, and the official actions of the county clerk shall not require the witness or signature of a notary public” (KRS 423.340).

Notarial Acts in U.S. State or Jurisdiction

“(1) (a) A notarial act performed in another state has the same effect under the law of this state as if performed by a notarial officer of this state, if the act performed in that state is performed by:
“1. A notary public of that state;
“2. A judge, clerk, or deputy clerk of a court of that state; or
“3. Any other individual authorized by the law of that state to perform the notarial act.
“(b) The signature and title of an individual performing a notarial act in another state are prima facie evidence that the signature is genuine and that the individual holds the designated title.
“(c) The signature and title of a notarial officer described in paragraph(a) or (b) of this subsection conclusively establish the authority of the officer to perform the notarial act.
“(2) (a) A notarial act performed in another state has the same effect under the law of this state if the act performed is:
“1. By a notary public of this state; and
“2. In a civil action or legal proceeding originating in this state.
“(b) The signature and title of an individual performing a notarial act in another state are prima facie evidence that the signature is genuine and that the individual holds the designated title.
“(c) The signature and title of a notarial officer described in paragraph (a) or (b) of this subsection shall conclusively establish the authority of the officer to perform the notarial act” (KRS 423.345[1]-[2]).

Notarial Acts Notarial Acts Under Authority of Federally Recognized Indian Tribe

“(3) (a) A notarial act performed under the authority and in the jurisdiction of a federally recognized Indian tribe has the same effect as if performed by a notarial officer of this state, if the act performed in the jurisdiction of the tribe is performed by:
“1. A notary public of the tribe;
“2. A judge, clerk, or deputy clerk of a court of the tribe; or
“3. Any other individual authorized by the law of the tribe to perform the notarial act.
“(b) The signature and title of an individual performing a notarial act under the authority and in the jurisdiction of a federally recognized Indian tribe are prima facie evidence that the signature is genuine and that the individual holds the designated title.
“(c) The signature and title of a notarial officer described in paragraph (a) or (b) of this subsection conclusively establish the authority of the notarial officer to perform the notarial act” (KRS 423.345[3]).

Notarial Acts Under U.S. Law

“(4) (a) A notarial act performed under the authority of federal law has the same effect under the law of this state as if performed by a notarial officer of this state, if the act performed under federal law is performed by:
“1. A judge, clerk, or deputy clerk of a court;
“2. An individual in military service or performing duties under the authority of military service who is authorized to perform notarial acts under federal law;
“3. An individual designated a notarizing officer by the United States Department of State for performing notarial acts overseas; or
“4. Any other individual authorized by federal law to perform the notarial act.
“(b) The signature and title of an individual acting under federal authority and performing a notarial act are prima facie evidence that the signature is genuine and that the individual holds the designated title.
“(c) The signature and title of an officer described in paragraph (a) or (b) of this subsection conclusively establish the authority of the officer to perform the notarial act” (KRS 423.345[4]).

Notarial Acts in Foreign State

(1) In this section, “foreign state” means a government other than the United States, a state, or a federally recognized Indian tribe.
(2) If a notarial act is performed under the authority and in the jurisdiction of a foreign state or constituent unit of the foreign state or is performed under the authority of a multinational or international governmental organization, the act has the same effect under the law of this state as if performed by a notarial officer of this state.
(3) If the title of office and indication of authority to perform notarial acts in a foreign state appears in a digest of foreign law or in a list customarily used as a source for that information, the authority of an officer with that title to perform notarial acts is conclusively established.
(4) The signature and official stamp of an individual holding an office described in subsection (3) of this section are prima facie evidence that the signature is genuine and the individual holds the designated title.
(5) An apostille in the form prescribed by the Hague Convention of October 5, 1961, and issued by a foreign state party to the Convention conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office.
(6) A consular authentication issued by an individual designated by the United States Department of State as a notarizing officer for performing notarial acts overseas and attached to the record with respect to which the notarial act is performed conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office” (KRS 423.350).

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County Clerk

Locally, authenticating certificates for Notaries are available from the office of the county clerk where a particular Notary has filed a signature and commissioning certificate (KRS 423.020[2]).

Secretary of State

Certificates authenticating the acts of Notaries, including apostilles, are also issued by the Kentucky Secretary of State’s office, as are certificates authenticating the acts of county clerks.

1. Fees: $5 per notarized document for a certificate of authentication or an apostille. Payable to “Kentucky State Treasurer.”

2. Mailing Address:
   Office of Secretary of State
   Authentications and Apostilles
   P.O. Box 718
   Frankfort, KY 40602-0718

3. Phone: 502-564-3490

4. Courier or Personal Delivery:
   Office of Secretary of State
   State Capitol
   700 Capital Ave., Suite 158
   Frankfort, KY 40601

5. Procedure: Mail or present in person the original notarized document(s), along with the appropriate fee. A county clerk’s authentication is required first, even for an apostille. “[T]the notary's signature must be certified by the county clerk in the county where the notary took the oath of office and the documents must be submitted to the Office of the Secretary of State with the Request for Apostille or Authentication form and $5 per document fee. If the county clerk is not available, please confirm with the county clerk’s office that the deputy clerk is authorized to sign for documents going outside the country” (website, “Apostilles and Authentications”). The document(s) should be submitted with a completed “Request for Apostille or Authentication” form, downloadable from the Secretary’s website (“Apostilles and Authentications”).

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