{"data":{"id":"us-ky/krs-423.300","jurisdiction":"us-ky","citation":"KRS 423.300","heading":"Definitions for KRS 423.300 to 423.455.","body":"As used in KRS 423.300 to 423.455:\n(1) \"Acknowledgment\" means a declaration by an individual before a notarial officer\nthat the individual has signed a record for the purpose stated in the record and, if the\nrecord is signed in a representative capacity, t hat the individual signed the record\nwith proper authority and signed it as the act of the individual or entity identified in\nthe record;\n(2) \"Acknowledged before me\" or \"appears before me\" means being in:\n(a) The same physical location as another individu al person and close enough to\nsee, hear, communicate with, and exchange credentials with that person; or\n(b) A different physical location from another person but able to see, hear, and\ncommunicate with that person by means of communication technology;\n(3) \"Communication technology\" means an electronic device or process that:\n(a) Allows a notary public and a remotely located individual to communicate with\neach other simultaneously by sight and sound; and\n(b) When necessary and consistent with other applicab le law, facilitates\ncommunication with a remotely located individual with a vision, hearing, or\nspeech impairment;\n(4) \"Credential\" means a non -expired record issued by a government which bears an\nindividual's photo and which evidences an individual's identity;\n(5) \"Credential analysis\" means a process or service that meets the standards adopted\nunder KRS 423.355(7) and 423.415 by which a third person provides confidence as\nto the validity of a government -issued identification credential through review of\npublic and proprietary data sources;\n(6) \"Dynamic knowledge -based authentication assessment\" means an identity\nassessment that is based on a set of questions formulated from public or private data\nsources for which the signer of an electronic record has not provided a prior answer;\n(7) \"Electronic\" means relating to technology having electrical, digital, magnetic,\nwireless, optical, electromagnetic, or similar capabilities;\n(8) \"Electronic notarization\" means a notarial act performed with respect to an\nelectronic record by means of communication technology that meets the standards\nadopted under KRS 423.355(7) and 423.415;\n(9) \"Electronic signature\" means an electronic symbol, sound, or process attached to or\nlogically associated with a record and executed or adopted by an individual with the\nintent to sign the record;\n(10) \"Foreign state\" means a jurisdiction other than the Uni ted States, a state, or a\nfederally recognized Indian tribe;\n(11) \"Identity proofing\" means, in the use of communication technology, a process or\nservice that meets standards adopted under KRS 423.355(7) and 423.415 by which\na third person provides confidence as to the identity of an individual through review\nof personal information from public or proprietary data sources;\n(12) \"In a representative capacity\" means acting as:\n(a) An authorized officer, agent, partner, trustee, or other representative for a\nperson other than an individual;\n(b) A public officer, personal representative, guardian, or other representative, in\nthe capacity stated in a record;\n(c) An agent or attorney-in-fact for a principal; or\n(d) An authorized representative of another in any other capacity;\n(13) \"Notarial act\" means an act, whether performed with respect to a tangible or\nelectronic record, that a notarial officer may perform under KRS 423.310 and any\nother law of the Commonwealth;\n(14) \"Notarial officer\" means a notary public or  other individual authorized to perform a\nnotarial act;\n(15) \"Notary public\" means an individual commissioned to perform a notarial act by the\nSecretary of State. This term does not include other notarial officers who may\nperform a notarial act in this state;\n(16) \"Official stamp\" means a physical image affixed to or embossed on a tangible\nrecord or an electronic image attached to or logically associated with an electronic\nrecord, including an official notary seal;\n(17) \"Online notary public\" means a notary public who has registered with the Secretary\nof State, pursuant to any standards and rules adopted under KRS 423.390 and\n423.415, to perform electronic notarizations under KRS 423.300 to 423.455;\n(18) \"Outside the United States\" means a location outside t he geographic boundaries of\nthe United States, Puerto Rico, the United States Virgin Islands, and any territory,\ninsular possession, or other location subject to the jurisdiction of the United States;\n(19) \"Person\" means an individual, corporation, busines s trust, statutory trust, estate,\ntrust, partnership, limited liability company, association, joint venture, public\ncorporation, government or governmental subdivision, agency, or instrumentality,\nor any other legal or commercial entity;\n(20) \"Record\" means information that is inscribed on a tangible medium or that is stored\nin an electronic or other medium and is retrievable in perceivable form;\n(21) \"Remotely located individual\" means an individual who is not in the physical\npresence of the notary public who performs a notarial act or is appearing remotely\nbefore the notary;\n(22) \"Remote presentation\" means transmission to an online notary public through\ncommunication technology of an image of a government -issued identification\ncredential that is of suffic ient quality to enable the online notary public to identify\nthe individual seeking the online notary public's services and to perform credential\nanalysis;\n(23) \"Sign\" means, with present intent to authenticate or adopt a record, to:\n(a) Execute or adopt a tangible symbol; or\n(b) Attach to or logically associate with the record an electronic symbol, sound, or\nprocess;\n(24) \"Signature\" means a tangible symbol or an electronic signature that evidences the\nsigning of a record;\n(25) \"Stamping device\" means:\n(a) A physical device capable of affixing to or embossing on a tangible record an\nofficial stamp; or\n(b) An electronic device or process capable of attaching to or logically associating\nwith an electronic record an official stamp;\n(26) \"State\" means a state of  the United States, the District of Columbia, Puerto Rico,\nthe United States Virgin Islands, or any territory or insular possession subject to the\njurisdiction of the United States; and\n(27) \"Verification on oath or affirmation\" means a declaration, made b y an individual on\noath or affirmation before a notarial officer, that a statement in a record is true.","path":["KRS Chapter 423"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=49489","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:40Z","sha256":"0f6636282f34641bf47be61870ba1852057e88d7e5e6b407b3cabda5b7826c39","source_id":"us-ky","stale":false,"prev":"us-ky/krs-423.200","next":"us-ky/krs-423.305"},"notice":"GroundRules: Original legal text. Not legal advice."}