KRS § 423.300 — KY Code / Title XXXVIII / Chapter 423 / Section 423.300
423.300 Definitions for KRS 423.300 to 423.455
Status: in_force

423.300 Definitions for KRS 423.300 to 423.455.

As used in KRS 423.300 to 423.455:

(1) "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;

(2) "Acknowledged before me" or "appears before me" means being in:

(a) The same physical location as another individual person and close enough to

see, hear, communicate with, and exchange credentials with that person; or

(b) A different physical location from another person but able to see, hear, and

communicate with that person by means of communication technology;

(3) "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;

(4) "Credential" means a non-expired record issued by a government which bears an

individual's photo and which evidences an individual's identity;

(5) "Credential analysis" means a process or service that meets the standards adopted

under KRS 423.355(7) and 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;

(6) "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;

(7) "Electronic" means relating to technology having electrical, digital, magnetic,

wireless, optical, electromagnetic, or similar capabilities;

(8) "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) and 423.415;

(9) "Electronic signature" means an electronic symbol, sound, or process attached to or

logically associated with a record and executed or adopted by an individual with the

intent to sign the record;

(10) "Foreign state" means a jurisdiction other than the United States, a state, or a

federally recognized Indian tribe;

(11) "Identity proofing" means, in the use of communication technology, a process or

service that meets standards adopted under KRS 423.355(7) and 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;

(12) "In a representative capacity" means acting as:

(a) An authorized officer, agent, partner, trustee, or other representative for a

person other than an individual;

(b) A public officer, personal representative, guardian, or other representative, in

the capacity stated in a record;

(c) An agent or attorney-in-fact for a principal; or

(d) An authorized representative of another in any other capacity;

(13) "Notarial act" means an act, whether performed with respect to a tangible or

electronic record, that a notarial officer may perform under KRS 423.310 and any

other law of the Commonwealth;

(14) "Notarial officer" means a notary public or other individual authorized to perform a

notarial act;

(15) "Notary public" means an individual commissioned to perform a notarial act by the

Secretary of State. This term does not include other notarial officers who may

perform a notarial act in this state;

(16) "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;

(17) "Online notary public" means a notary public who has registered with the Secretary

of State, pursuant to any standards and rules adopted under KRS 423.390 and

423.415, to perform electronic notarizations under KRS 423.300 to 423.455;

(18) "Outside the United States" means a location outside the geographic boundaries of

the United States, Puerto Rico, the United States Virgin Islands, and any territory,

insular possession, or other location subject to the jurisdiction of the United States;

(19) "Person" means an individual, corporation, business trust, statutory trust, estate,

trust, partnership, limited liability company, association, joint venture, public

corporation, government or governmental subdivision, agency, or instrumentality,

or any other legal or commercial entity;

(20) "Record" means information that is inscribed on a tangible medium or that is stored

in an electronic or other medium and is retrievable in perceivable form;

(21) "Remotely located individual" means an individual who is not in the physical

presence of the notary public who performs a notarial act or is appearing remotely

before the notary;

(22) "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;

(23) "Sign" means, with present intent to authenticate or adopt a record, to:

(a) Execute or adopt a tangible symbol; or

(b) Attach to or logically associate with the record an electronic symbol, sound, or

process;

(24) "Signature" means a tangible symbol or an electronic signature that evidences the

signing of a record;

(25) "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;

(26) "State" means a state of the United States, the District of Columbia, Puerto Rico,

the United States Virgin Islands, or any territory or insular possession subject to the

jurisdiction of the United States; and

(27) "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.