423.455 Notarial act for remotely located individual facilitated by communication
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/ky/423-455A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.