Kentucky Notary Services

Remote online notarization (RON), or remote notarization, is when a document is notarized electronically using audio-video technology. Documents are shared electronically and both the signing and notary process occur face-to-face in a virtual environment.
RON is not the same as eNotary and it’s important to understand and use the terminology appropriately in order to distinguish a difference between the two solutions. There are two main differences, the first being that some states who have approved eNotary, have not yet adopted RON so how a transaction is conducted matters in terms of compliance for each type of notarization. And, secondly, there is a difference in how the signers’ identification validation process is conducted.

Remote online notarization (RON):

• Parties are not in the same room as a RON session occurs via a recorded audio-video conference.
• The audio-video conference includes the notary, the borrower and a witness and/or another party the transaction may require.
• Rules around ID validation vary by state and include specific measures that ensure validation is done properly.
• In most cases, the borrowers’ ID is validated through a knowledge-based authentication (KBA) method in addition to presenting a valid state driver license or state identification card to the notary public through the technology. 

eNotary:

• A notary public and the borrower are in the same room (signing in-person) so the borrower’s ID can be validated in person and per state’s guidelines.
• The signature is realized electronically and the notary stamp is done digitally rather than with a physical stamp on a hard-copy of the document.

You can only perform a RON while physically located in the state where you hold a commission. You may not perform a RON while you are located out of the state where you have been commissioned.

As a result, I am authorized to perform a RON for OUT OF STATE signers as long as I am physically located within the Commonwealth of Kentucky, as outlined in KRS 423.355 herein:

KRS 423.355 - Online notary public -- Electronic notarization -- Refusal to perform notarial act -- Use of communication technology -- Registration -- Administrative regulations -- Application of state law. (1) An online notary public: (a) Shall be commissioned as a notary public pursuant to KRS 423.300 to 423.455 and has the powers and duties of a traditional notary public as provided by KRS 423.300 to 423.455; (b) May perform notarial acts as provided by KRS 423.300 to 423.455 in addition to performing electronic notarizations; and (c) May, upon registration with the Secretary of State as an online notary public pursuant to KRS 423.390, perform electronic notarizations authorized under this section. (2) An online notary public may perform an electronic notarization provided the online notary public is physically located in this state while performing the notarial act and if: (a) The online notary public has: 1. Personal knowledge of the identity of the individual pursuant to KRS 423.325; or 2. Satisfactory evidence of the identity of the individual pursuant to KRS 423.325(3); and (b) At the time of electronic notarization: 1. The individual appearing before the online notary public is located within this state, or elsewhere within the geographic boundaries of a state of the United States; or 2. The individual is located outside the United States and: a. The individual confirms to the online notary public that the record is to be filed with or relates to a matter before a court, governmental entity, public official, or other entity located in the territorial jurisdiction of the United States, or relates to property located in the United States, or relates to a transaction substantially connected to the United States; and b. To the online notary public's actual knowledge, the act of making the statement or signing the record is not prohibited by the jurisdiction in which the individual is located. (3) In addition to the authority of a notary public to refuse to perform a notarial act pursuant to KRS 423.330, a notary public may refuse to perform a notarial act under this section if the notary public is not satisfied that a notarial act performed would conform with subsection (2)(b)2. of this section. (4) If a notarial act involves a statement made in or a signature executed on an electronic record by an individual by means of communication technology, the certificate of notarial act required by KRS 423.360 shall indicate that the individual making the statement or signing the record appeared before the online notary public by means of communication technology. (5) For each electronic notarization, the online notary public shall: (a) Include, in addition to the journal entries required under KRS 423.380, an indication of whether an individual making a statement or executing a signature which is the subject of the notarial act appeared before the online notary public in the notary's physical presence or by means of communication technology; (b) Create a complete recording of the conference session containing the audiovideo communication between the online notary public and individual appearing before the online notary public, in accordance with the standards adopted under subsection (7) of this section and KRS 423.415; and (c) Maintain the recording described by paragraph (b) of this subsection for at least ten (10) years after the date of the applicable transaction or proceeding or for the period of retention of a notary public's journal pursuant to KRS 423.380, whichever is longer. (6) Before an online notary public performs any electronic notarizations under this section, the online notary public shall register with the Secretary of State pursuant to KRS 423.390. (7) The Secretary of State may promulgate administrative regulations regarding the performance of electronic notarizations. The administrative regulations may: (a) Prescribe the means of performing a notarial act involving communication technology; (b) Establish standards for communication technology and the process of credential analysis and identity proofing; (c) Establish procedures for the requirements of providers of communication technology; and (d) Establish standards and requirements for the retention of a video and audio copy of the performance of a notarial act. (8) Regardless of the physical location of the individual at the time of the notarial act, the validity of an electronic notarization performed by an online notary public commissioned in this state shall be determined by applying the laws of this state. (9) An online notary public shall take reasonable steps to ensure that: (a) Any registered device or credential used to create an electronic signature is current and has not been revoked or terminated by the device's or credential's issuing or registering authority; (b) The audio-video communication used in an electronic notarization is secure from unauthorized interception or use; (c) A backup exists for all information pertaining to an electronic notarization required to be kept by administrative regulations promulgated pursuant to subsection (7) of this section and KRS 423.415; and (d) The backup described by paragraph (c) of this subsection is secure from unauthorized use.

Effective: January 1, 2020
History: Created 2019 Ky. Acts ch. 86, sec. 12, effective January 1, 2020.

In online notarizations, the signer personally appears before a remote Notary in real-time using audio-video technology. The Notary verifies the signer’s identity using traditional identity proofing methods with the addition of two steps unique to remote online notarizations: knowledge-based authentication (KBA) and credential analysis.

Once the online Notary verifies the signer’s identity, they complete the notarization with the attachment of an electronic Notary seal and digital certificate.

RON works with most internet browsers on a computer, smartphone or tablet. An internet connection is required as RON takes place in a live video session. 
For home equity or mortgage loans, and once the transaction is clear-to-close, the lending staff can schedule a date and time convenient for the borrower(s) to join a RON session. 
The session is controlled by the notary public. All that is required is for every RON session attendee to have a computer, smartphone, or tablet with audio and video capabilities. 
The process is the same as the physical notary process however it moves to an environment where the borrower and witness and/or any additional party required meet in a virtual environment:

1. The document(s) which need to be eSigned or notarized is uploaded by the lender or notary public into the session in a PDF format. 
2. Proof of identity is validated using knowledge-based authentication (KBA) or per state requirements.  
3. The borrower is connected with a commissioned notary public through live video to confirm identity (usually a valid state driver’s license). 
4. Notarized documents are then captured and provided to the lender with the option to securely share with the borrower for download, save, or share. 

RON works best with Google Chrome or Firefox. Each device (computer, tablet, and/or smartphone) must have a functional camera and microphone that is accessible by the browser. If the browser cannot access the camera and/or microphone, the RON session will not work on the device.

In states where RON is legal, mortgage and home equity loan transactions can be executed utilizing RON. 
However, loans conforming to guidelines established by government-sponsored enterprises (GSEs) may fall under separate guidelines and would require additional workarounds such as hybrid closings and/or in-person closings.
A financial institution could make internal policy changes allowing RON for portfolio (non-confirming / non-GSE) mortgage and home equity loans.

Kentucky's registered technology platform providers include:

DocVerify, Inc.
NotaryCam, Inc.
PerfectDocs, Nationwide Title Clearing, Inc.
Notarize Inc.
Guardian Consumer Services, dba PAVASO, Inc.
eNotaryLog, LLC.
Nexsys Technologies/Clearsign
Digital Delivery, Inc.

Please visit our "RON PLATFORMS" page for a current list of platforms that we are fully certified to complete remote online notarizations (RON).

Knowledge-based authentication, commonly referred to as KBA, is a method of authentication which seeks to prove the identity of someone accessing a service such as a financial institution or website. As the name suggests, KBA requires the knowledge of private information of the individual to prove that the person providing the identity information is the owner of the identity. 
Using a secure hyperlink the borrower(s) invited to a RON session, must undergo a KBA process in order to be authorized to enter the digital closing session.

Signer(s) must be a U.S. Citizen.
Signer(s) must be 18 years old, or older.
Signer(s) must have a Social Security Number.
Signer(s) must have a valid U.S. driver’s license or State ID.
Signer(s) must have at least 5 years U.S. credit history.
Signer(s) must have a U.S. mobile number.

Up to eight (8) participants including the notary public are allowed per closing session.

Recorded transaction video sessions are stored securely and can be accessed by the notary public appointed to the transaction at any time. Records are saved indefinitely in order to comply with state guidelines.

As of March 26, 2020, the following states have enacted and fully implemented permanent remote online notarization laws and/or rules: Virginia, Texas, Nebraska, Nevada, Michigan, Minnesota, Montana, Ohio, Tennessee, Florida, Idaho, Kentucky, Oklahoma and North Dakota. South Dakota has enacted RON laws, but South Dakota limits RON to notarizing paper documents only.

It depends. States that have passed RON laws typically require a Notary either to register with the commissioning official (Florida, for example) or obtain a special commission (Texas, for example). To register or obtain a separate commission to perform RONs, a Notary must submit an application to the commissioning official. You may also be required to submit information about the technology you will use to perform RONs, such as any digital certificates you purchase or any RON platforms you use.

For states that have RON laws and rules, you will likely need to use a dedicated remote online notarization platform.

The cost depends on the individual provider. You will need to contact the RON providers you are interested in to request pricing information.

The NNA is not a remote notarization platform provider. However, they do offer digital certificates issued by IdenTrust and electronic seal images, which can be used with some RON platforms.