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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]).
Requirements
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]).
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]).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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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]).
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).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
Requirements
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]).
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).
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).
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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Applicable Law
Uniform Electronic Transactions Act: Kansas has adopted the Uniform Electronic Transactions Act (KSA 16-1601 through 16-1620), including the provision on notarization and acknowledgment, which has been amended to authorize the Kansas Secretary of State to set rules for electronic notarization. The Act recognizes the legal validity of electronic signatures used by Notaries: “If a law requires a signature or record to be notarized, acknowledged, verified or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record” (KSA 16-1611).
Uniform Real Property Electronic Recording Act: Kansas adopted the Uniform Real Property Electronic Recording Act (URPERA) (KSA 58-4401 through 58-4407). The provision related to notarization and acknowledgment of real property records reads, “A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression or seal is not required to accompany an electronic signature” (KSA 58-4403[c]).
Kansas Administrative Regulations: The Kansas Secretary of State has adopted permanent regulations for notarizations on electronic records (KAR 7-43-7 et seq.). Those regulations are summarized below.
Technology Systems
Approval of System Providers: Required.
List of Approved Systems: A list of approved remote notarization system providers may be found on the Secretary of State’s website at https://www.sos.ks.gov/general-services/notary_public/RON-Vendor-List.pdf (“RON/IPEN Vendor List”). A system provider may apply to be approved as a vendor by completing the application on the Secretary’s website (website, “RON/IPEN Provider Application”).
Notary Laws Apply: “An [in-person electronic notarization] is subject to the same requirements as a notarization performed on a paper document; the only difference is that the signature of the signer and the notary stamp and signature are affixed to the document electronically. This includes the requirement that the signer of the document must be in the physical presence of the notary at the time the document is notarized” (NPH).
Tamper-Evident Technology
Selection by Notary: “A notary public may select one or more tamper-evident technologies to perform notarial acts with respect to electronic records. A person shall not require a notary public to perform a notarial act with respect to an electronic record with a technology that the notary public has not selected” (KSA 53-5a21[a]).
Standards: “If the secretary of state has established standards in rules and regulations for approval of technology pursuant to K.S.A. 2021 Supp. 53-5a 27, and amendments thereto, the technology shall conform to such standards. If the technology conforms to the standards, the secretary of state shall approve the use of the technology” (KSA 53-5a21[b]).
Digital Certificate
Definition: “'Digital certificate' has the meaning specified for “certificate” in K.A.R. 7-41-1” (KAR 7-43-7[a]).
Minimum Standards: "'Certificate' means a computer-based record or electronic message that at a minimum meets the following conditions:
“(1) Identifies the registered certification authority issuing the certificate;
“(2) names or identifies a subscriber;
“(3) contains the public key of the subscriber;
“(4) identifies the period of time during which the certificate is effective; and
“(5) is digitally signed by the registered certification authority” (KAR 7-41-1[a]).Requirements: “The digital certificate shall have tamper-evident technology meeting the following requirements:
“(A) The name on the electronic official stamp shall match the name, as stated on the application, under which the notary public is commissioned and performs all remote notarial acts.
“(B) The technology used to attach an electronic signature to a document shall allow the notary public’s electronic signature to meet the following requirements:
“(i) Be attributed or uniquely linked to the notary public;
“(ii) be capable of independent verification;
“(iii) be retained under the notary public’s exclusive control by use of passphrase protection; and
“(iv) be attached to or logically associated with the electronic document to which it relates in such a manner that any subsequent change of the electronic document is detectable” (KAR 7-43-19[d]).Invalid Digital Certificate: “A notary public shall not perform a notarial act with respect to an electronic record if the digital certificate meets any of the following conditions:
“(A) Has expired;
“(B) has been revoked or terminated by the issuing or registering authority;
“(C) is invalid; or
“(D) is incapable of authentication” (KAR 7-43-19[e]).Obtaining a Digital Certificate: “To comply with state law and regulation, the notary’s electronic signature and electronic stamp must be tamper-evident and affixed using a digital certificate. Notary technology providers can provide the notary with the software needed to perform IPEN and also may provide the digital certificate, or it may be purchased separately” (NPH).
Revocation of Digital Certificate:“When a notary public resigns a commission or a notary public’s commission is revoked, the notary public shall request the provider of the notary public’s digital certificate to revoke the digital certificate and provide evidence of the revocation to the secretary” (KAR 7-43-14[e]).
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“(a) A notarial act performed under the authority and in the jurisdiction of a federally recognized Indian tribe has the same effect under the law of this state as if performed by a notarial officer of this state, if the act performed in the jurisdiction of the tribe is performed by:
“(1) A notary public of the tribe;
“(2) a judge, clerk or deputy clerk of a court of the tribe; or
“(3) any other individual authorized by the law of the tribe to perform the notarial act.
“(b) The signature and title of an individual performing a notarial act under the authority of and in the jurisdiction of a federally recognized Indian tribe are prima facie evidence that the signature is genuine and that the individual holds the designated title.
“(c) The signature and title of a notarial officer described in subsection (a)(1) or (a)(2) conclusively establish the authority of the officer to perform the notarial act” (KSA 53-5a12[a], [b], and [c]).
Notarial Acts Under
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Federal Law
“(a) A notarial act performed under federal law has the same effect under the law of this state as if performed by a notarial officer of this state, if the act performed under federal law is performed by:
“(1) A judge, clerk or deputy clerk of a court;
“(2) an individual in military service or performing duties under the authority of military service who is authorized to perform notarial acts under federal law;
“(3) an individual designated a notarizing officer by the United States department of state for performing notarial acts overseas; or
“(4) any other person authorized by federal law to perform the notarial act.
“(b) The signature and title of an individual acting under federal authority and performing a notarial act are prima facie evidence that the signature is genuine and that the individual holds the designated title.
“(c) The signature and title of an officer listed in subsection (a)(1), (a)(2) or (a)(3) conclusively establish the authority of the officer to perform a notarial act” (KSA 53-5a13).
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