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Law

KY Senate Bill 150

Notary Law Update: KY Senate Bill 150

State: Kentucky

Summary:

Senate Bill 150, a COVID-19 related emergency bill, contains a Notary videoconferencing provision.

Signed:  March 30, 2020

Effective:  March 30, 2020

Chapter: TBD

Affects:

All Kentucky Notaries Public.

Changes:
  1. Provides that for purposes of complying with any law, rule, order, or other requirement relating to the receipt of testimony or signature from any party or witness, or the acknowledgment or notarization of any document, for any legal purpose, individuals, whether acting for themselves or in a representative capacity, not in the same physical location shall be considered in the presence of one another if the individuals can communicate via a video teleconference in real time to the same extent as if they were physically present in the same location.
  2. Provides that any document resulting from a video teleconference may be executed, acknowledged, or notarized in counterparts, which together shall be considered a single document.
Analysis:

During the COVID-19 crisis, we are seeing many state governors issue executive orders allowing for notarizations to be performed on paper documents using videoconferencing technology. We also are seeing emergency rules and guidance issued for this purpose as well. Senate Bill instead 150 took the legislative route in providing COVID-19 relief measures. It deems the parties who are not in each other's physical presence to be present before each other if they utilize videoconferencing tools in real time. The bill allows any document to be acknowledged or notarized in this fashion, and provides that the documents may be executed in counterparts and considered a single document. This means that each party will sign separate but identical copies of the same document. When taken together, these separately signed documents will comprise one single document. Signing in counterparts thus mitigates having to pass the document back and forth to the parties by fax or electronic means while they are meeting over teleconference.

This provision is effective until the Governor declares that Executive Order 2020-15 has ceased. In the event no such declaration is made by the Governor on or before the first day of the next regular session of the General Assembly, the General Assembly may make the determination.

To read the bill text, click "Download PDF" below.

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