{"data":{"id":"us-ky/krs-423.455","jurisdiction":"us-ky","citation":"KRS 423.455","heading":"Notarial act for remotely located individual facilitated by communication","body":"technology -- Certificate -- Retention of audio -visual recording -- Notification\nof Secretary of State -- Administrative regulations -- Service of process.\n(1) A remotely located individual may comply with KRS 423.320 by appearing before a\nnotary public by means of communication technology.\n(2) A notary public located in this state may perform a notarial act facilitated by\ncommunication technology for a remotely located individual if:\n(a) The notary public:\n1. Has personal knowledge pursuant to KRS 423.325(1) of the identity of\nthe individual;\n2. Has satisfactory evidence of the identity of the remotely located\nindividual by oath or affirmation from a credible witness appea ring\nbefore the notary public under KRS 423.325(2); or\n3. Reasonably can identify the individual by at least two (2) different types\nof identity-proofing processes or services;\n(b) The notary public is able reasonably to identify a record before the notary\npublic as the same record in which the remotely located individual made a\nstatement or on which the remotely located individual executed a signature;\n(c) The notary public, or a person acting on behalf of the notary public, creates an\naudio-visual recording of the performance of the notarial act; and\n(d) For a remotely located individual who is located outside the United States:\n1. The record:\na. Is to be filed with or relates to a matter before a court,\ngovernmental entity, public official, or other entit y subject to the\njurisdiction of the United States; or\nb. Involves property located in the territorial jurisdiction of the\nUnited States or a transaction substantially connected with the\nUnited States; and\n2. The act of making the statement o r signing the record is not prohibited\nby the foreign state in which the remotely located individual is located.\n(3) If a notarial act is performed pursuant to this section, the certificate of notarial act\nrequired by KRS 423.360 and the short -form certificate provided in KRS 423.365\nshall indicate that the notarial act was performed by means of communication\ntechnology.\n(4) A short-form certificate provided in KRS 423.365 for a notarial act subject to this\nsection is sufficient if it:\n(a) Complies with adm inistrative regulations promulgated pursuant to subsection\n(7)(a) of this section; or\n(b) Is in the form provided by KRS 423.365 and contains a statement substantially\nas follows: \"This notarial act involved the use of communication technology.\"\n(5) A notary public, a guardian, a conservator, or agent of a notary public, or a personal\nrepresentative of a deceased notary public shall retain the audio -visual recording\ncreated under subsection (2)(c) of this section or cause the recording to be retained\nby a r epository designated by or on behalf of the person required to retain the\nrecording. Unless a different period is required by administrative regulations\npromulgated under subsection (7)(d) of this section, the recording shall be retained\nfor no less than ten (10) years after the recording is made.\n(6) Before a notary public performs the notary public's initial notarial act under this\nsection, the notary public shall notify the Secretary of State that the notary public\nwill be performing notarial acts facili tated by communication technology and\nidentify the technology. If the Secretary of State has established standards for\napproval of communication technology or identity proofing under subsection (7) of\nthis section, the communication technology and identity  proofing shall conform to\nthose standards.\n(7) In addition to promulgating administrative regulations under KRS 423.415, the\nSecretary of State may promulgate administrative regulations regarding\nperformance of a notarial act. The administrative regulations may:\n(a) Prescribe the means of performing a notarial act involving a remotely located\nindividual using communication technology;\n(b) Establish standards for communication technology and identity proofing;\n(c) Establish requirements or procedures to app rove providers of communication\ntechnology and the process of identity proofing; and\n(d) Establish standards and a period of the retention of an audio -visual recording\ncreated under subsection (2)(c) of this section.\n(8) Before promulgating administrative regulations governing performance of a notarial\nact with respect to a remotely located individual, the Secretary of State shall\nconsider:\n(a) The most recent standards regarding the performance of a notarial act with\nrespect to a remotely located individua l promulgated by national standard -\nsetting organizations and the National Association of Secretaries of State;\n(b) Standards, practices, and customs of other jurisdictions that have laws\nsubstantially similar to this section; and\n(c) The views of governmental officials and entities and other interested persons.\n(9) By allowing its communication technology or identity proofing technology to\nfacilitate a notarial act for a remotely located individual or by providing storage of\nthe audio -visual recording creat ed under subsection (2)(c) of this section, the\nprovider of the technology appoints the Secretary of State as the provider's agent for\nservice of process in any civil action in this state related to the notarial act.","path":["KRS Chapter 423"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=49520","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:41Z","sha256":"ac87ff96434c82917d0421256d039d18c4f99a4b0bca2d9ada11f2f9836791f5","source_id":"us-ky","stale":false,"prev":"us-ky/krs-423.450","next":"us-ky/krs-423.460"},"notice":"GroundRules: Original legal text. Not legal advice."}