Kentucky - U.S. Notary Reference

Last updated: November 18, 2024

TABLE OF CONTENTS (Click/Tap to Expand and Contract)

QUICK FACTS

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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ADMINISTRATION AND RULES

Commissioning Official

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

Contact Information

Address: Office of Secretary of State
Notary Branch
P.O. Box 821
700 Capital Ave., Suite 158
Frankfort, KY 40601
Phone: 502-564-3490
Website: http://web.sos.ky.gov/notaries/Index

Laws, Rules and Guidelines

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.”
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 AND APPOINTMENT

Commission Process

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.
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]).
Exam: Not required.
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.
Background Screening: Not required.
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]).
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]).
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]).
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]).
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]).
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

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.
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]).
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]).
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]).
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]).
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

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.
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).
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

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]).
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

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.
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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NOTARIAL ACTS

Authorized Acts

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.
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

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]).
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

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

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]).
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

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]).
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

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).
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

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]).
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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STANDARDS OF PRACTICE

Personal Appearance

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).
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

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]).
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

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]).
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

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]).
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]).
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).
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

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

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.
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]).
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.
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]).
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

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

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.
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.
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.
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.
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]).
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.
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 OF NOTARIAL ACT

Certificate Requirements

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

Acknowledgment by Individual (KRS 423.160[1])