In-Person Paper Notarizations
Am I required by law to maintain a notary journal in Kentucky?
No, a notary public in the State of Kentucky is not required to maintain a notary journal. However, if remote online notarizations are legal in the State of Kentucky and the notary public is performing online notarizations, they may want to check any specific guidelines surrounding record keeping for remote online notarizations.
Recommended best practices for notary journals
Although the State of Kentucky does not require a notary public to complete a notary journal by law, it is considered “best practice” to maintain a notary journal to protect the notary public from lawsuits and potential liabilities.
The following pieces of information are considered “best practice” to collect in a notary journal
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Date and time of each notarial act
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A description of the document and type of notarial act (e.g., Deed of trust, Acknowledgment)
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The printed full name, signature and address of each person for whom a notarial act is performed.
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A description of the identification document, its serial or identification number and its date of issuance or expiration
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The fee charged for the notarial service
It is important to remember that these “best practices” are just recommendations, and that a notary can include more or less information as long as they remain compliant with their State code.
Remote Online Notarizations
Is Remote Online Notarization (RON) approved in the State of Kentucky?
Yes, notaries in the State of Kentucky are authorized to perform remote online notarizations
Do I have to record the Remote Online Notarization session?
Yes
“A notary public located in this state may perform a notarial act facilitated by communication technology for a remotely located individual if … [t]he notary public, or a person acting on behalf of the notary public, creates an audio-visual recording of the performance of the notarial act” (KRS 423.455[2][c]).
What is the retention period for RON recordings?
10 years
“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 [KRS 423.455] 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 [KRS 423.455], the recording shall be retained for no less than ten (10) years after the recording is made” (KRS 423.455[5]).
Do I have to log RON sessions in a journal?
Yes
“An online notary public shall maintain a journal in which the online notary public chronicles all electronic notarizations that the online notary public performs” (KRS 423.380[1]).
Journal format
Electronic journal required
“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” (KRS 423.380[2] and 30 KAR 8:005 Section 6[3]).
Journal retention
“The online notary public shall retain the journal for ten (10) years after the performance of the last electronic notarization chronicled in the journal” (KRS 423.380[1]; see also 30 KAR 8:005 Section 6[4]).
RON recordings & journal upon resignation or death
“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 [KRS 423.380]” (KRS 423.380[6]; see also 30 KAR 8:005 Section 6[10]).
“On the death or adjudication of incompetency of a current or former notary public who is registered to perform notarial acts with respect to electronic records or notarial acts involving remotely located individuals, the online notary’s personal representative or guardian or any other person knowingly in possession of a journal or audio-visual recording shall: ”(a) Comply with the retention requirements of this subsection; ”(b) Transmit the journal and recording to one (1) or more repositories under this Section; or ”(c) Transmit the journal and recording in an industry-standard readable data storage device to his or her notary technology provider” (30 KAR 8:005 Section 6[7]).
Reference Links
Helpful resources for Kentucky Notaries
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Kentucky Notary Handbook
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State law summary from the NNA
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“A Notary’s Guide to Completing Journal Entries”
Disclaimer
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