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Last updated:

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December 19, 2024

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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, OathOath/Affirmation: The short form certificate of notarial act for a verification on oath or affirmation (KAR 7-43-17[a][3]) states, “Signed and sworn to (or affirmed) before me …” indicating that the notarial officer performing the verification must administer an oath or affirmation to the principal.

   4. Witness Signature: The short form certificate of notarial act for a verification on oath or affirmation (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.

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Refusal of Services

1. Specific Grounds

   1. Competence: “A notarial officer may refuse to perform a notarial act if the officer is not satisfied that the

   :
   “(1) Individual

   1. … [i]ndividual executing the record is competent or has the capacity to execute the

   record; or
   “(2) Individual’s

   1. record….” (KSA 53-5a08[a][1]).

   2. Willingness: “A notarial officer may refuse to perform a notarial act if the officer is not satisfied that the … [i]ndividual’s signature is knowingly and voluntarily made” (KSA 53-5a08[a][2]).

2. General Grounds: “ A notarial officer may refuse to perform a notarial act unless refusal is prohibited by a state or federal law” (KSA 53-5a08[b]).

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The below are typical, actual-size examples of traditional official Notary stamping devices and electronic Notary seals official stamps which are allowed by Kansas law. Formats other than these may also be permitted.

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