Page Comparison

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1. Definition: “‘Verification upon oath or affirmation’ means a declaration, made by an individual on oath or affirmation before a notarial officer, that a statement in a record is true” (KSA 53-5a02[o]).

2. Requirements

   1. Identity of Principal: “A notarial officer who takes a verification of a statement on oath or affirmation shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the verification has the identity claimed …” (KSA 53-5a05[b]).

   2. Signature of Principal: “A notarial officer who takes a verification of a statement on oath or affirmation shall determine … that the signature on the statement verified is the signature of the individual” (KSA 53-5a05[b]).
      The short form notarial certificate for a verification on oath or affirmation indicates that the record must be signed before the notarial officer taking the verification (KAR 7-43-17[a][3]).

   3. Witness Signature, Oath or Affirmation: The short form certificate of notarial certificate act for a verification on oath or affirmation indicates that the record and signature must be “sworn to (or affirmed)” before the notarial officer taking the verification (KAR 7-43-17[a][3]) states, “Signed and sworn to (or affirmed) before me …” indicating that the notarial officer performing the verification must personally witness the principal sign the record.

Signature Witnessings or Attestations

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1. Identity of Principal: “A notarial officer who witnesses or attests to a signature shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and signing the record has the identity claimed” (KSA 53-5a05[c]).

2. Signature of Principal: The short form notarial certificate for a signature witnessing or attestation indicates that the record must be signed before the notarial officer (KAR 7-43-17[a][4]).
   “If a document is brought to the notary that already has been signed, the notary may notarize the document by requiring the signer to sign the document again in the presence of the notary. It is not necessary to cross out the first signature; the signer should sign the document as close to the first signature as possible. The notary may then notarize the document” (NPH).

3. Witness Signature: The short form certificate of notarial act for a signature witnessing (KAR 7-43-17[a][4]) states, “Signed (or attested) before me …” indicating that the notarial officer performing the signature witnessing must personally witness the principal sign the record.

Copy Certifications

1. Requirements

   1. Full, True, and Accurate: “A notarial officer who certifies or attests a copy of a record or an item that was copied shall determine that the copy is a full, true and accurate transcription or reproduction of the record or item” (KSA 53-5a05[d]).

   2. Personal Appearance Not Required: “A document for which a certified copy is requested is not required to be presented by the signer to the notary and the signer is not required to be in the physical presence of the notary at the time the copy is certified” (NPH).

   3. Public Documents Prohibited: “Public documents on file with a public office or agency must be certified by that office or agency. Public documents include:
      ”• Court records, which are certified by the court that retains the original court records.
      ”• Business formation documents and subsequent business documents, such as annual reports, amendments, or mergers, which are certified by the Secretary of State.
      ”• Birth, death, and marriage certificates that are certified by the Office of Vital Statistics, Kansas Department of Health and Environment.
      “Some public documents contain a warning that the document is not to be copied. A notary should not copy and certify such documents. A notary may be sanctioned by the Secretary of State for providing a certified copy of such a document” (NPH).

2. Paper Printout of Electronic Record: “A notarial officer may certify that a tangible copy of an electronic record is an accurate copy of the electronic record” (KSA 53-5a04[7][b]).

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