Electronic and Remote Notarization Concepts
This domain tests electronic and remote notarization concepts and limits.
Electronic notarization
An electronic notarial act uses electronic signatures and an electronic seal in a tamper-evident system. The certificate must be linked to the electronic record so later changes are detectable. The notary still must identify the signer, require appearance, and complete the correct act. An electronic seal is not a scanned image pasted onto a document; it must be applied under the authorized process.
Remote notarization
Remote notarization uses audio-video technology with identity proofing, credential analysis, and a recording or session log. Kentucky permits remote acts only under the Secretary of State's authorization and technology standards. The notary must be physically in Kentucky, and the signer may be elsewhere if the platform and rules allow. Ordinary video chat without identity proofing, recording, or approval does not satisfy remote notarization requirements.
Worked example
A signer in another state needs an affidavit. The Kentucky notary uses an approved platform, views the signer live, runs ID credential analysis, administers the oath, watches the electronic signature, applies the electronic seal, and retains the recording. The act can be valid if all requirements are met. If the notary instead uses a free video call and no recording or ID proofing, the remote act is defective.
Traps
- Assuming any video call is remote notarization.
- Skipping identity proofing because the signer “looks right.”
- Performing remote acts from outside Kentucky.
- Failing to retain the recording/session log for the required period.