423.380 Journal of online notary public -- Entries -- Audio-visual recording -- Lost

442 words·~2 min read·/ky/423-380

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

or stolen journal -- Retention and transmission -- Custodian.

(1)An online notary public shall maintain a journal in which the online notary public

chronicles all electronic notarizations that the online notary public performs. The

online notary public shall retain the journal for ten

(10)years after the performance

of the last electronic notarization chronicled in the journal.

(2)The journal shall be created in an electronic format. An online notary public may

maintain more than one

(1)journal to chronicle electronic notarizations. The journal

shall be maintained in an electronic format in a permanent, tamper-evident

electronic format complying with administrative regulations promulgated pursuant

to KRS 423.415.

(3)An entry in a journal shall be made contemporaneously with performance of the

notarial act and contain the following information:

(a)The date and time of the notarial act;

(b)A brief description of the record, if any, and type of notarial act as authorized

in KRS 423.310;

(c)The full name and address of each individual for whom the notarial act is

performed;

(d)If identity of the individual is based on personal knowledge, a statement to

that effect;

(e)If identity of the individual is based on satisfactory evidence, a brief

description of the method of identification and the identification and the

means used as well as the date of issuance and expiration of any identification

credential presented; and

(f)The fee, if any, charged by the online notary public.

(4)If a notarial act involves the use of communication technology, the notary public

shall retain the audio-visual recording of the performance of the notarial act in

compliance with both KRS 423.355(7) and the administrative regulations

promulgated pursuant to KRS 423.415.

(5)If a notary public’s journal is lost or stolen, the notary public promptly shall notify

the Secretary of State on discovering that the journal is lost or stolen.

(6)On resignation from, or the revocation or suspension of, a notary public’s

commission, the notary public shall retain the notary public’s journal in accordance

with subsection

(1)of this section.

(7)On the death or adjudication of incompetency of a current or former notary public,

the notary public’s personal representative or guardian or any other person

knowingly in possession of the journal shall transmit it to the Secretary of State or

otherwise as directed in administrative regulations promulgated by the Secretary of

State pursuant to KRS 423.415.

(8)A notary public may designate a custodian to do any of the following:

(a)Maintain the journal required under subsection

(1)of this section; or

(b)Retain an audio or visual recording of a notarial act required under subsection

(4)of this section.