KRS § 423.455 — KY Code / Title XXXVIII / Chapter 423 / Section 423.455
423.455 Notarial act for remotely located individual facilitated by communication technology -- Certificate -- Retention of audio-visual recording -- Notification of Secretary of State -- Administrative regulations -- Service of process
Status: in_force

423.455 Notarial act for remotely located individual facilitated by communication

technology -- Certificate -- Retention of audio-visual recording -- Notification

of Secretary of State -- Administrative regulations -- Service of process.

(1) A remotely located individual may comply with KRS 423.320 by appearing before a

notary public by means of communication technology.

(2) A notary public located in this state may perform a notarial act facilitated by

communication technology for a remotely located individual if:

(a) The notary public:

1. Has personal knowledge pursuant to KRS 423.325(1) of the identity of

the individual;

2. Has satisfactory evidence of the identity of the remotely located

individual by oath or affirmation from a credible witness appearing

before the notary public under KRS 423.325(2); or

3. Reasonably can identify the individual by at least two (2) different types

of identity-proofing processes or services;

(b) The 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;

(c) The notary public, or a person acting on behalf of the notary public, creates an

audio-visual recording of the performance of the notarial act; and

(d) For 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.

(3) If a notarial act is performed pursuant to this section, the certificate of notarial act

required by KRS 423.360 and the short-form certificate provided in KRS 423.365

shall indicate that the notarial act was performed by means of communication

technology.

(4) 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."

(5) 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 this section 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 this section, the recording shall be retained

for no less than ten (10) years after the recording is made.

(6) 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.

(7) In addition to promulgating administrative regulations under KRS 423.415, the

Secretary of State may promulgate administrative regulations regarding

performance of a notarial act. The administrative regulations may:

(a) Prescribe the means of performing a notarial act involving a remotely located

individual using communication technology;

(b) Establish standards for communication technology and identity proofing;

(c) Establish requirements or procedures to approve providers of communication

technology and the process of identity proofing; and

(d) Establish standards and a period of the retention of an audio-visual recording

created under subsection (2)(c) of this section.

(8) Before promulgating administrative regulations governing performance of a notarial

act with respect to a remotely located individual, the Secretary of State shall

consider:

(a) The most recent standards regarding the performance of a notarial act with

respect to a remotely located individual promulgated by national standard-

setting organizations and the National Association of Secretaries of State;

(b) Standards, practices, and customs of other jurisdictions that have laws

substantially similar to this section; and

(c) The views of governmental officials and entities and other interested persons.

(9) By allowing its communication technology or identity proofing technology to

facilitate a notarial act for a remotely located individual or by providing storage of

the audio-visual recording created under subsection (2)(c) of this section, the

provider of the technology appoints the Secretary of State as the provider's agent for

service of process in any civil action in this state related to the notarial act.