About Online Notarization

About Remote Online Notarization

Remote Online Notarization (RON) has been fully legal in Kentucky since January 1, 2020. This allows you to legally notarize documents without leaving your home, using a webcam and microphone instead of a physical meeting.

Here is a detailed synopsis of how it works, what you can use it for, and the specific rules in Kentucky.

1. What is Remote Online Notarization (RON)?

RON is the process of notarizing a document electronically where the signer and the notary appear before each other via live audio-video technology (like a secure Zoom-style call) rather than being in the same physical room.

• The Signer: Uses an electronic signature (clicking "sign" or typing their name).

• The Notary: Uses an electronic seal and digital certificate to notarize the document.

• The Result: A digital document that has the same legal standing as a traditional paper document with a "wet" ink signature.

2. How the Process Works in Kentucky

To use RON, you cannot simply FaceTime a notary. You must use a specialized platform (like Notarize, NotaryCam, or a local Kentucky notary using approved software) that meets state security standards.

• Identity Verification: Before the video call begins, you must prove who you are. This is legally required to be done in two ways:

  1. Credential Analysis: You take a photo of your government ID (driver’s license/passport), and the software automatically verifies its security features.

  2. Knowledge-Based Authentication (KBA): You answer a series of timed quiz questions about your personal history (e.g., "Which of these streets have you lived on?" or "What model car did you own in 2015?") derived from public records.

• The Video Session: Once verified, you join a live session with the notary. They can see and hear you, and you can see and hear them.

• Signing: You electronically sign the document while the notary watches. The notary then places their electronic seal on the document.

3. Location Rules

• The Notary: Must be physically located inside the borders of Kentucky at the time of the notarization.

• The Signer (You): Can be located anywhere—inside Kentucky, in another state, or even outside the US (provided the document relates to a US matter).

4. What RON Can Be Used For

In Kentucky, RON is widely accepted for most business, financial, and real estate transactions.

Common Uses:

• Real Estate: Buying or selling a home, refinancing a mortgage, and signing deeds (Quitclaim, Warranty deeds).

• Financial Services: Loan agreements, affidavits of debt, and commercial lending documents.

• Legal & Business: Powers of Attorney (POA), business contracts, non-disclosure agreements, and settlements.

• General Affidavits: Any sworn statement where you declare something to be true under oath.

5. Important Exclusions (What You CANNOT Do)

While Kentucky is very progressive with RON, there are specific documents that generally cannot be notarized remotely or electronically due to specific statutes (specifically KRS 382 and probate laws).

• Wills and Codicils: Kentucky law currently exempts "the creation and execution of wills, codicils, or testamentary trusts" from electronic signature laws. These typically must be signed on paper with "wet" ink in the physical presence of witnesses.

• Vital Records: You cannot notarize copies of birth, death, or marriage certificates (these must come directly from the Office of Vital Statistics).

• Any document which cannot be used as an electronic record or cannot be copied