Electronic Signature Laws in Kentucky

Kentucky is a UETA state. It adopted the Uniform Electronic Transactions Act, codified in the Kentucky Revised Statutes at KRS 369.101 to 369.120, with the law applying to electronic records and signatures made or communicated on or after August 1, 2000. The core rule is in KRS 369.107: a record or signature may not be denied legal effect or enforceability solely because it is in electronic form, and a contract may not be denied enforceability solely because an electronic record was used in its formation. KRS 369.102 defines an electronic signature broadly as an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. In plain terms, typing your name, clicking an I agree button, or applying a drawn signature in an e-sign tool can all count as a valid signature in Kentucky.

Kentucky's UETA works hand in hand with the federal ESIGN Act of 2000 (15 U.S.C. § 7001 et seq.), which applies in every state and independently makes electronic signatures and records valid in transactions affecting interstate or foreign commerce. ESIGN contains a reverse-preemption provision: where a state has enacted the official UETA, the state statute governs and ESIGN steps back. Because Kentucky adopted a substantially uniform version of UETA, KRS Chapter 369 is generally the operative law for transactions within the Commonwealth, while ESIGN remains the backstop for interstate matters and continues to impose its own consumer-disclosure consent rules for records sent to consumers. The two laws are designed to be consistent, so a properly executed electronic signature is enforceable under both.

Like UETA everywhere, Kentucky's version applies only when the parties have agreed to conduct the transaction by electronic means (KRS 369.105), and that agreement is determined from the context and surrounding circumstances. Kentucky also carves out specific exclusions in KRS 369.103. The Act does not apply to transactions governed by the law of wills, codicils, or testamentary trusts; to the Uniform Commercial Code as adopted in Kentucky (KRS Chapter 355) other than UCC Articles 2 and 2A, which cover the sale and lease of goods; or to laws governing the creation or transfer of a negotiable instrument or any instrument establishing title or an interest in title to a motor vehicle under KRS Chapter 186 or 186A. As a practical matter that means a will, a negotiable instrument such as a promissory note, and a vehicle title generally still follow their own statutory process, while ordinary sales and lease contracts can be signed electronically. Separately, KRS 369.117 lets state governmental agencies decide whether and how they will create, send, and retain electronic records and signatures, so dealings with a particular Kentucky agency may carry their own format requirements.

Documents that require notarization deserve special attention in Kentucky. The state authorizes both electronic notarization and remote online notarization (RON) under its Revised Uniform Law on Notarial Acts, enacted by Senate Bill 114 and codified at KRS 423.300 to 423.455, effective January 1, 2020. Under KRS 369.111, if a law requires a signature to be notarized, that requirement is satisfied when an authorized notary attaches all of the information required for a notarization electronically together with the electronic signature. To perform RON over audio-video technology, a Kentucky notary must hold a commission and register separately with the Secretary of State as an online notary public and use an approved technology provider. Senate Bill 114 also opened the door to electronic notarization and recording of real estate documents, so deeds and mortgages can now be e-signed, e-notarized, and recorded by county clerks, though specific recording standards still apply.

What this means in practice: for the vast majority of everyday agreements in Kentucky, including service contracts, leases, sales orders, NDAs, employment paperwork, and consumer agreements, an electronic signature is just as binding as ink on paper, as long as both parties intended to sign electronically and the signature can be attributed to the signer. Keep the basics solid, namely clear intent to sign, mutual agreement to use electronic means, a reliable record of who signed and when, and a retained copy each party can access, since KRS 369.112 lets an electronic record satisfy any legal record-retention requirement when it accurately reflects the information and remains accessible. Steer clear of e-signatures for the excluded categories such as wills, negotiable instruments, and motor vehicle titles, and follow Kentucky's RON rules whenever notarization is needed. This is general information, not legal advice.