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Guidance

KY Guidance on Remote Notarization

Notary Law Update: KY Guidance on Remote Notarization

State: Kentucky

Summary:

Kentucky Secretary of State Michael Adams clarifies that Kentucky Notaries may perform remote notarizations today under the Commonwealth's new statute, which took effect on January 1, 2020.

Signed:  March 27, 2020

Effective:  March 27, 2020

Chapter: N/A

Affects:

All Kentucky Notaries Public.

Changes:
  1. Clarifies that Kentucky Notaries may use video-conference technology to notarize documents for remotely located individuals.
  2. Clarifies the difference between using communication technology to notarize a tangible (paper) record and the procedure under the new law to register as an "online Notary Public" to perform notarizations with respect to electronic records and that Notaries may simply use video-conference apps to notarize a document in paper form without the signer appearing physically before the Notary.
  3. Provides that Notaries should email the Secretary's Notary program coordinator, Johnna Ballinger, at johnna.ballinger@ky.gov if they intend to use video-conference technology to perform notarial acts.
Analysis:

Kentucky Secretary of State Michael Adams issued a press release clarifying that Kentucky Notaries may notarize tangible (paper) documents using video-conference technology without the signer appearing physically before the Notary. This guidance follows states whose governors have issued executive orders waiving the physical presence requirement as a result of the need to maintain appropriate social distance from other individuals during the COVID-19 state of emergency. If Notaries intend to use video-conference technology to notarize paper documents, they are asked to contact the Secretary's Notary program coordinator. The reason for this is that KRS 423.455(6) requires any Notary who performs notarial acts for a remotely located individual to notify the Secretary of the Commonwealth before performing the Notary's initial notarial act.

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