Are electronic signatures legal in Kentucky?

What KRS 369.101 to 369.120 says

Kentucky adopted the Uniform Electronic Transactions Act in 2000 (2000 Ky. Acts ch. 301), effective August 1, 2000. It applies to electronic records and signatures created, sent or stored on or after that date (KRS 369.104).

The same section says a contract can't be denied legal effect because an electronic record was used to form it, that an electronic record satisfies a writing requirement, and that an electronic signature satisfies a signature requirement. Kentucky defines an electronic signature as an electronic sound, symbol or process attached to or logically associated with a record and adopted with intent to sign (KRS 369.102(8)).

What Kentucky excludes

Kentucky's scope section, KRS 369.103(2), has the usual carve-outs plus one of its own:

• Wills, codicils and testamentary trusts.
• The Uniform Commercial Code (KRS Chapter 355), except KRS 355.1-107 and 355.1-206 and Articles 2 and 2A on sales and leases of goods.
• Laws on creating or transferring any negotiable instrument, or any instrument establishing title or an interest in title to a motor vehicle under KRS Chapter 186 or 186A.

Agreement, delivery and copies

The act applies only to transactions between parties who have each agreed to deal electronically, judged from context and conduct (KRS 369.105(2)). Someone who agreed once can refuse to do the next transaction electronically, and that right can't be waived (KRS 369.105(3)).

When a law requires information in writing, an electronic record satisfies it only if the recipient can print or store it, and a record the sender won't let the recipient keep isn't enforceable against them (KRS 369.108(1), (3)). If another law says a record must be sent by a specific method, use that method, though a requirement to use U.S. mail can be varied by agreement where the other law allows (KRS 369.108(4)(b)).

Kentucky and the federal ESIGN Act

Federal law runs alongside KRS 369. The ESIGN Act gives e-signatures effect in interstate commerce (15 U.S.C. § 7001) but keeps its own carve-outs, like utility shutoff notices and foreclosure or eviction notices for a primary residence (15 U.S.C. § 7003). It also sets consent steps before a consumer gets required information electronically. Our guide to e-signature law walks through how the two fit.

Online notaries in Kentucky

When a law requires notarization, the notary's electronic signature with the required information satisfies it (KRS 369.111). Since January 1, 2020, KRS 423.455 has let a Kentucky notary perform a notarial act for a remotely located individual over communication technology, with an audio-visual recording kept. The notary law says it must be read consistently with the UETA (KRS 423.445). See remote online notarization. SignMaster doesn't notarize documents.

Practical notes

• Get agreement in writing. A clause saying both sides agree to sign electronically is good evidence of the agreement KRS 369.105 asks for.
• Keep the final version. It must accurately reflect the document and stay accessible (KRS 369.112).
• Keep evidence of who signed. KRS 369.109 lets you show a signature was a person's act in any manner, including the security procedure you used.

Design around Kentucky's copy rule: a record the sender won't let the recipient keep isn't enforceable against them (KRS 369.108(3)). In SignMaster, signers download the finished document themselves. Before anyone signs, they agree to sign electronically, and that consent is logged with the disclosure version they saw. The completed PDF ends with a certificate of completion listing each event and its time.