Last updated: November 15, 2024
QUICK FACTS
Notary Jurisdiction
Statewide (KSA 53-5a10[a][1]).
Notary Term Length
Four years (KSA 53-5a22[f]).
Notary Bond
$12,000 (KSA 53-5a22[a][2]).
Notary Seal
Required (KSA 53-5a16[b]).
Notary Journal
Required (KSA 53-5a20).
ADMINISTRATION AND RULES
Commissioning Official
The Kansas Secretary of State appoints, regulates, and maintains records on the state’s Notaries (KSA 53-5a22[a], 53-5a24, and 53-5a27).
Contact Information
Address: Office of Secretary of State
Notary Clerk
Memorial Hall, 1st Floor
120 S.W. 10th Ave.
Topeka, KS 66612-1594Phone: 785-296-4564
Website: https://www.sos.ks.gov/general-services/notary.html
Laws, Rules and Guidelines
Laws: Most Notary statutes are in the Kansas Statutes Annotated (KSA), Chapter 53, “Notaries Public and Commissioners”: Article 1, “Notaries Public”; and Article 5a, “Revised Uniform Law on Notarial Acts.”
Guidelines: Other guidelines for Notaries are in the “Kansas Notary Public Handbook” (NPH) published by the Kansas Secretary of State (updated July 20, 2022).
Regulations: Temporary regulations are in the Kansas Administrative Regulations (KAR), Agency 7, “Secretary of State,” Article 43, “Electronic Notarization.”
COMMISSION AND APPOINTMENT
Commission Process
Qualifications: An applicant for a Kansas Notary Public commission must (KSA 53-5a22[c])):
(a) be at least 18 years of age;
(b) be a citizen of the United States;
(c) be a resident of this state or be a resident of a state bordering on this state and have a regular place of employment or practice in this state;
(d) be able to read and write the English language; and
(e) not be disqualified to receive a commission by K.S.A. 53-5a24.Course: Not required.
Exam: Not required.
Application
Mail or Online Filings: Applicants for a Kansas Notary commission may file an application in one of three ways:
By completing a paper application (Form NO) and filing it by mail.
By completing Form NO and uploading it on the Secretary of State’s Online Notary portal.
By completing an electronic application and uploading additional forms for the Notary Public oath (Form NO-O) and surety bond (Form NO-S), and an image of the applicant’s official stamp on the Secretary of State’s Online Notary portal.
Notary Official Stamp: A Notary seal must be obtained before submitting the application (KSA 53-5a22[a][4]) and an impression of this seal must be affixed on the paper application (Form NO) or an image of the official stamp may be uploaded on the Secretary’s Online Notary portal (if the applicant completes the electronic form on the Secretary’s Online Notary portal). If the applicant opts to use more than one official stamp, an impression of each must be affixed to Form NO or uploaded on the Online Notary portal.
Bond: A section of Form NO (if a paper application form is completed) or Form NO-S (if the applicant completes the electronic form on the Secretary’s Online Notary portal) must be completed by the surety for the $12,000 Notary bond. An attorney in fact for a commercial insurance or bonding company that is licensed to do business in the state must sign this part of the application and affix a corporate seal or attach a power of attorney.
Oath: Form NO or Form NO-O (if the applicant completes the electronic form on the Secretary’s Online Notary portal) must be sworn to before another Notary (who must sign and affix his/her seal to form). If Form NO-O is used (for filing online) it must be uploaded on the Secretary’s Online Notary portal.
Fee: The application fee, payable by check or money order if filing by mail, or by credit card if filing online, is $25.
Background Screening: Not required.
Reappointment: “A notary public’s commission may not be automatically renewed. A notary public who desires to renew a commission shall be qualified and apply for a new commission pursuant to this section” (KSA 53-5a22[k]).
“Any notary public commission … may be renewed in the manner and on the form used to file an initial application for a notary commission …, along with payment of the prescribed fees” (KAR 7-43-12[a]).
“Any application for renewal of a notary public commission may be submitted to the secretary no sooner than 90 days before the expiration of the notary public’s commission. Upon the receipt of a completed application and approval by the secretary, a notary commission shall be issued to the applicant” (KAR 7-43-12[b]).
“After the secretary approves the notary public commission renewal, if the notary public intends to continue performing notarial acts on electronic records or for remotely located individuals, the notary public shall submit a notification and the fee pursuant to K.A.R. 7-43-11” (KAR 7-43-12[c]).Non-Residents: Any resident of a bordering state who regularly works or carries on a business or profession in Kansas may become a Kansas Notary (KSA 53-5a22[c][3]).
No Immunity or Benefit: “A commission to act as a notary public authorizes the notary public to perform notarial acts. The commission does not provide the notary public any immunity or benefit conferred by law of this state on public officials or employees” (KSA 53-5a22[g]).
Not a State Officer: “A notary public shall not be considered a state officer” (KSA 53-5a22[g]).
Notification to Perform In-Person Electronic and Remote Notarial Acts
Notification
In-Person Electronic Notarial Acts: “Before a notary public performs the notary public’s initial notarial act with respect to an electronic record, a notary public shall notify the secretary of state that the notary public will be performing notarial acts with respect to electronic records, identify the technology the notary public intends to use and provide evidence of completion of the course of study and passing of the examination required by [KSA] 53-5a23, and amendments thereto. If the secretary of state has established standards in rules and regulations for approval of technology pursuant to [KSA] 53-5a27, 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. A notary public notifying the secretary of state pursuant to this section shall pay an information and services fee in an amount determined by the secretary of state adopted in rules and regulations, not to exceed $25”(KSA 53-5a21[b]).
Steps Prior to Performing IPENs: “Prior to performing IPEN, a notary must:
“• Select a notary technology provider, obtain an electronic signature, electronic stamp, and digital certificate (used to securely affix the notary’s signature to the notarized document).
“• A notary must ensure the technology they choose to perform IPEN complies with state law and regulation.
“• The notary technology provider should be able to provide this assurance to the notary. Notaries should choose an IPEN provider from the list of technology providers on file with Secretary of State. The list of available providers is obtained on our web based resources.
“• Have a commission number issued to the notary after submitting Form NO.
“• Complete required testing and training and submit along with Form NC.
“• Complete Form NC to notify the Secretary of State that the notary will provide IPEN services, provide a copy of the electronic stamp to the Secretary of State, and pay the appropriate fee” (NPH)Exam and Course
Requirement: “(a) Before a notary public performs the notary public’s initial notarial act with respect to an electronic record, a notary public shall pass an examination administered by the secretary of state or an entity approved by the secretary of state. The examination shall be based on the course of study described in subsection (b).
“(b) The secretary of state or an entity approved by the secretary of state shall offer regularly a course of study to notaries public in this state. The course shall cover the laws, rules, procedures and ethics relevant to notarial acts with respect to electronic records” (KSA 53-5a23).Unlimited Exam Retakes: “Any notary public may take the examination as many times as needed to achieve a passing score” (KAR 7-43-9[a]).
Proof of Completion: “Each notary public shall provide the secretary with proof of successful completion of the examination as part of the notification to perform notarial acts on electronic records or for remotely located individuals” (KAR 7-43-9[b]).
Fee: $20 (KAR 7-43-11[a]).
Renewal: “After the secretary approves the notary public commission renewal, if the notary public intends to continue performing notarial acts on electronic records …, the notary public shall submit a notification and the fee pursuant to K.A.R. 7-43-11” (KAR 7-43-12[c]).
Remote Notarial Acts: “Before a notary public performs the notary public's initial notarial act under this section, the notary public shall notify the secretary of state that the notary public will be performing notarial acts with respect to remotely located individuals, identify the technologies the notary public intends to use and provide evidence of completion of the course of study and passing of the examination required by K.S.A. 2023 Supp. 53-5a23, and amendments thereto. If the secretary of state has established standards in rules and regulations adopted pursuant to K.S.A. 2023 Supp. 53-5a27, and amendments thereto, for approval of communication technology or identity proofing, the communication technology and identity proofing shall conform to the standards” (KSA 53-5a15[f]).
Course and Exam: For the requirement that Notaries Public must pass an examination based on a course of study offered by the Secretary of State, see “Course and Exam” under “Electronic Notarial Acts,” above.
Fee: $20 (KAR 7-43-11[b]).
Renewal: “After the secretary approves the notary public commission renewal, if the notary public intends to continue performing notarial acts … for remotely located individuals, the notary public shall submit a notification and the fee pursuant to K.A.R. 7-43-11” (KAR 7-43-12[c]).
Online Search
A downloadable list of all Kansas Notaries Public in CSV format may be obtained from the Secretary of State’s website (website, “Search for a Notary Public”).
Jurisdiction
“A notarial act may be performed in this state by … [a] notary public of this state” (KSA 53-5a10[a][1]).
Term Length
“The secretary of state shall issue a commission as a notary public to an applicant for a term of four years.…” (KSA 53-5a22[f]).
Bond
Requirement: Kansas law requires Notaries to have a $12,000 assurance in the form of a surety bond or its functional equivalent that is issued by a surety or other entity licensed or authorized to do business in Kansas (KSA 53-5a22[a][2]).
“Each surety bond for a notary public shall be a commercial surety bond from an insurance company licensed to do business in Kansas. The surety bond shall be written for a term of four years, covering the dates of the notary public’s commission” (KAR 7-43-10).
“A notary public may perform notarial acts in this state only during the period that a valid assurance is on file with the secretary of state” (KSA 53-5a22[d]).Liability of Notary, Surety: “If a notary public violates law with respect to notaries public in this state, the surety or issuing entity is liable under the assurance” (KSA 53-5a22[d]).
Statute of Limitations: “No suit shall be instituted against a notary public or the surety or issuing entity under the notary public’s assurance more than three years after the cause of action accrues” (KSA 53-5a22[d]).
Payment of Claim: “The surety or issuing entity shall notify the secretary of state not later than 30 days after making a payment to a claimant under the assurance or the denial of a claim under the assurance” (KSA 53-5a22[d]).
Cancellation of Assurance: “The surety or issuing entity shall no longer be liable on such assurance 30 days after receipt of such notice by the secretary of state. Whenever the secretary of state receives such notice of intent to cancel a notary public’s assurance, the secretary of state shall notify the affected notary public that unless such notary public files another assurance satisfying the requirements of this subsection with the secretary of state on or before the cancellation date, then such notary public will no longer be authorized to perform notarial acts within this state” (KSA 53-5a22[a][2]).
“If the employer cancels the notary’s surety bond, the notary may purchase a new bond to continue their commission” (NPH).
Changes of Status
Name Change: “If a notary public changes name by any legal action, such notary shall obtain a new official stamp that meets the requirements established by K.S.A. 2021 Supp. 53-5a18, and amendments thereto, and the stamp shall contain the new name of the notary public. Prior to performing any acts as a notary public after such change, the notary shall mail or deliver to the secretary of state notice of the change of name and shall include a specimen of the new stamp and a specimen of the notary’s new official signature” (KSA 53-5a22[h]).
Address Change: Any change of mailing address by the Notary must be reported to the Secretary of State on (on Form NC “Notary Public Change of Status” available on the Secretary of State’s website).
New Stamp: “If a notary public obtains a new stamp for any reason, the notary shall mail or deliver to the secretary of state notice of the change of stamp that shall include an impression of the new stamp” (KSA 53-5a22[i]).
Resignation: “An individual may resign from the office of notary public by sending by mail or delivering to the secretary of state a notification of the individual’s resignation or intent or desire to resign. The individual’s commission as notary public shall terminate upon delivery of the notification” (KSA 53-5a22[j]).
NOTARIAL ACTS
Authorized Acts
Notarial Acts: Kansas Notaries are authorized to perform the following notarial acts (KSA 53-5a02[e] and 53-5a04[a]):
Take acknowledgments;
Administer oaths and affirmations;
Take verifications upon oath or affirmation;
Witness or attest signatures;
Certify or attest copies;
Note protests of negotiable instruments.
In-Person Electronic and Remote Notarial Acts: Kansas Notaries who have notified the Secretary of State that they will be performing technology-based notarial acts may perform any of the notarial acts listed above electronically or remotely.
Acknowledgments
Definitions
Acknowledgment: “‘Acknowledgment’ means a declaration by an individual before a notarial officer that the individual has signed a record for the purpose stated in the record and, if the record is signed in a representative capacity, that the individual signed the record with proper authority and signed it as the act of the individual or entity identified in the record” (KSA 53-5a02[a]).
In a Representative Capacity: “"In a representative capacity" means acting as:
“(1) An authorized officer, agent, partner, trustee or other representative for a person other than an individual;
“(2) a public officer, personal representative, guardian or other representative, in the capacity stated in a record;
“(3) an agent or attorney-in-fact for a principal; or“(4) an authorized representative of another in any other capacity” (KSA 53-5a02[d]).
Requirements
Identity of Principal: “A notarial officer who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the acknowledgment has the identity claimed …” (KSA 53-5a05[a]).
Signature of Principal: “A notarial officer who takes an acknowledgment of a record shall determine … that the signature on the record is the signature of the individual” (KSA 53-5a05[a]).
“When requesting an acknowledgment, the signer may, but is not required to, sign the document in the presence of the notary” (NPH).
Proofs
Authorization: “If the grantor dies before acknowledging the deed, or if for any other reason the grantor’s attendance cannot be procured, in order to make the acknowledgment, or if, having appeared, the grantor refuses to acknowledge it, proof of the due execution and delivery of the deed may be made by any competent testimony” (KSA 58-2214).
Requirements: “The certificate endorsed upon the deed thus proved must state: First. The title of the court or office taking the proof. Second. That it was satisfactorily proved that the grantor was dead, or that, for some other cause, the grantor’s attendance could not be procured, in order to make the acknowledgement, or that, having appeared, he or she refused to acknowledge the deed. Third. The names of the witnesses by whom the proof was made, and that it was proved by them that the instrument was executed by the person whose name is thereunto subscribed as a party” (KSA 58-2216).
Oaths and Affirmations
Standards: “To administer an oath or affirmation a notary must:
”1. Require the personal appearance of the person who is taking the oath or making the affirmation.*
”2. Administer the oath or affirmation.
”3. Record the notarial act in the notary’s journal.
“*If the notary is performing a notarial act for a remotely located individual, the personal appearance requirement can be satisfied by the use of a RON platform that meets the requirements in state law and regulation” (NPH).Ceremony: “All oaths shall be administered by laying the right hand upon the Holy Bible or by the uplifted right hand” (KSA 54-102).
Form
Oaths: “All oaths shall commence and conclude as follows: ‘You do solemnly swear,’ etc.; ‘So help you God’” (KSA 54-104).
Oaths of Office: The oath-of-office wording for all officers elected or appointed under any law of the state of Kansas is as follows (KSA 54-106): “I do solemnly swear (or affirm, as the case may be) that I will support the constitution of the United States and the constitution of the state of Kansas, and faithfully discharge the duties of ________, so help me God.”
Affirmations: “Affirmations shall commence and conclude as follows: ‘You do solemnly, sincerely and truly declare and affirm,’ etc.; ‘And this you do under the pains and penalties of perjury’” (KSA 54-104).
Verifications
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]).Oath or Affirmation: The short form notarial certificate 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]).
Signature Witnessings or Attestations
Requirements
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).
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]).
Protests
Definition: “A protest is a certificate of dishonor made by a United States consul or vice consul, or a notary public or other person authorized to administer oaths by the law of the place where dishonor occurs” (KSA 84-3-505[b]).
Requirements: “A notarial officer who makes or notes a protest of a negotiable instrument shall determine the matters provided in K.S.A. 84-3-505(b), and amendments thereto” (KSA 53-5a05 [e]).
“[A protest] may be made upon information satisfactory to that person. The protest must identify the instrument and certify either that presentment has been made or, if not made, the reason why it was not made, and that the instrument has been dishonored by nonacceptance or nonpayment. The protest may also certify that notice of dishonor has been given to some or all parties” (KSA 84-3-505[b]).
In-Person Electronic Notarial Act
Definition: “An in-person electronic notarization is “[a] notarial act in which the signer of a document affixes an electronic signature to an electronic document and the notary electronically notarizes the document by placing the notary’s electronic signature and stamp on the document and affixing or logically associating the notary’s digital certificate, which secures the document and makes it tamper-evident” (NPH).
STANDARDS OF PRACTICE
Personal Appearance
Notarial Acts: “If a notarial act relates to a statement made in or a signature executed on a record, the individual making the statement or executing the signature shall appear personally before the notarial officer” (KSA 53-5a06[a]).
The standards for taking an acknowledgment (KSA 53-5a05[a]), taking a verification on oath or affirmation (KSA 53-05[b]), and witnessing or attesting a signature (KSA 53-5a05[c]) require the individual taking the acknowledgment or verification on oath or affirmation, or executing the signature to be present before the notarial officer.
“Generally, notarial acts require the person signing a document to be in the physical presence of the notary at the time the document is signed and notarized. This includes when a signer requests a notary to: witness or attest to a signature, administer an oath or affirmation, take a verification of a statement upon oath or affirmation, or make or note a protest of a negotiable instrument. A signer also must personally appear before a notary when requesting an acknowledgment, to verify to the notary that the signature on the document belongs to the signer” (NPH).Remote Notarial Acts: “A remotely located individual may comply with K.S.A. 2021 Supp. 53-5a06, and amendments thereto, by using communication technology to appear before a notary public” (KSA 53-5a15[a]).
Identification
Notarial Acts
Requirement: Notaries Public who take an acknowledgment or verification on oath or affirmation, or who witness or attest a signature must determine from personal knowledge or satisfactory evidence of the identity of the individual, that the individual requesting the acknowledgment, verification on oath or affirmation, or signature witnessing is the person he or she claims to be (KSA 53-5a05[a], [b], and [c]).
Personal Knowledge: “A notarial officer has personal knowledge of the identity of an individual appearing before the officer if the individual is personally known to the officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed” (KSA 53-5a07[a]).
Satisfactory Evidence: “A notarial officer has satisfactory evidence of the identity of an individual appearing before the officer if the officer can identify the individual:
“(1) By means of:
“(A) A passport, driver’s license or government-issued nondriver identification card that is current or expired not more than three years before performance of the notarial act; or
“(B) another form of government identification issued to an individual that is current or expired not more than three years before performance of the notarial act, contains the signature and a photograph of the individual and is satisfactory to the officer; or
“(2) by a verification on oath or affirmation of a credible witness personally appearing before the officer and known to the officer or whom the officer can identify on the basis of a passport, driver’s license or government-issued nondriver identification card that is current or expired not more than three years before performance of the notarial act” (KSA 53-5a07[b]).Additional Information or Credentials: “A notarial officer may require an individual to provide additional information or identification credentials necessary to assure the officer of the identity of the individual” (KSA 53-5a07[c]).
Remote Notarial Acts
Definition: “'Identity proofing' means a process or service by which a third person provides a notary public with a means to verify the identity of a remotely located individual by a review of personal information from public or private data sources” (KSA 53-5a15[g][3]).
Requirement: “A notary public located in this state may perform a notarial act using communication technology for a remotely located individual if … The notary public:
“(A) Has personal knowledge under K.S.A. 2023 Supp. 53-5a07(a), and amendments thereto, of the identity of the individual;
“(B) has satisfactory evidence of the identity of the remotely located individual by oath or affirmation from a credible witness appearing before the notary public under this section or [KSA] 53-5a07(b), and amendments thereto; or
“(C) has obtained satisfactory evidence of the identity of the remotely located individual by using at least two different types of identity proofing” (KSA 53-5a15[b][1]).Credible Witnesses: “Any notary public may obtain satisfactory evidence of the identity of a remotely located individual by oath or affirmation of a credible witness by means of one of the following:
“(1) Having personal knowledge of the identity of the credible witness by the notary public;
“(2) presenting an identification credential to the notary public, as required by K.S.A. 2021 Supp. 53-5a07(b)(2) and amendments thereto, if the credible witness is in the same location as the notary public; or
“(3) utilizing the multifactor authentication procedure required by this regulation for verifying the identity of a remotely located individual and visually inspecting the identification credential presented by the credible witness if the witness is not in the same location as the notary public” (KAR 7-43-18[b]).Multifactor Authentication Standards: A credential analysis procedure used as a form of identity proofing must: “(1) Analyze the identification credential presented by the remotely located individual against trusted third-person data sources using a process that shall, at a minimum, meet the following requirements:
“(A) Use public or private data sources to confirm the validity of the identification credential;
“(B) use automated software processes to aid the notary public in verifying the identity of each remotely located individual;
“(C) require that the identification credential pass an authenticity test, consistent with sound commercial practices that use appropriate technologies to confirm the integrity of visual, physical, or cryptographic security features; confirm that the identification credential is not fraudulent or inappropriately modified; and provide the results of the authenticity test to the notary public; and
“(D) use information held or published by the issuing source or an authoritative source, as available and consistent with sound commercial practices, to confirm the validity of personal details and identification credential details” (KAR 7-43-18[a][1]).Knowledge-Based Authentication Standards: A knowledge-based authentication assessment that is used as a form of identity proofing must: “verify the remotely located individual’s identity by requiring the individual to answer a quiz consisting of at least five questions related to the individual’s personal history or identity and formulated from public or private data sources, as follows:
“(A) The quiz shall meet the following requirements:
“(i) Each question shall have at least five possible answer choices;
“(ii) at least 80 percent of the questions shall be answered correctly; and
“(iii) all questions shall be answered within two minutes;
“(B) if the remotely located individual fails to answer at least 80 percent of the questions correctly on the first attempt, the individual may retake the quiz one time within 24 hours. During a retake of the quiz, at least 40 percent of the prior questions shall be replaced;
“(C) if the remotely located individual fails the second attempt, the individual shall not be allowed to retake the quiz with the same notary public within 24 hours of the second failed attempt; and
“(D) the notary public shall not be able to see or record the questions or answers. However, the results indicating passage or failure of the quiz shall be provided to the notary public” (KAR 7-43-18[a][2]).Remote Presentation of ID, Inspection of Individual: “The notary public shall compare for consistency the information and photo on the identification credential presented by the remotely located individual with the remotely located individual when viewed by the notary public in real time through communication technology. The image resolution of the communication technology being used shall be sufficient to enable visual inspection by the notary public, including legible text and the clarity of identification credential features” (KAR 7-43-18[b]).
Interruption of Identification Process: “If a remotely located individual must exit the notarization session at any point, the notary public shall reverify the identity of the remotely located individual as required by this regulation” (KAR 7-43-18[d]).
Refusal of Services
Specific Grounds: “A notarial officer may refuse to perform a notarial act if the officer is not satisfied that the:
“(1) Individual executing the record is competent or has the capacity to execute the record; or
“(2) Individual’s signature is knowingly and voluntarily made” (KSA 53-5a08[a]).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]).
Signature by Proxy
“If an individual is physically unable to sign a record, the individual may direct an individual other than the notarial officer to sign the individual’s name on the record. The notarial officer shall insert: “Signature affixed by (name other than the individual) at the direction of (name of individual)” or similar words” (KSA 53-5a09[a]).
Disqualifying Interest
Personal: “A notary public may not perform a notarial act with respect to a record to which the officer … is a party or … has a direct financial or beneficial interest” (KSA 53-5a25[b]).
Relatives: “A notary public may not perform a notarial act with respect to a record to which the officer’s spouse is a party … or has a direct financial or beneficial interest” (KSA 53-5a25[b]).
Direct Financial or Beneficial Interest: “For purposes of [KSA 53-5a25](b), a notarial officer has a direct financial or beneficial interest in a transaction if the notarial officer:
“(1) With respect to a financial transaction, is named in a record, individually, as a principal to the transaction; or
“(2) with respect to a real property transaction, is named in a record, individually, as a grantor, grantee, mortgagor, mortgagee, trustor, trustee, beneficiary, vendor, vendee, lessor or lessee to the transaction” (KSA 53-5a25[c]).Exceptions: “For purposes of [KSA 53-5a25](b), a notarial officer has no direct financial or beneficial interest in a transaction when the notarial officer acts in the capacity of an agent, employee, insurer, attorney, escrow agent or lender for a person having a direct financial or beneficial interest in the transaction” (KSA 53-5a25[d]).
Unauthorized Practice of Law
No Authority: “A commission as a notary public does not authorize an individual to:
“(1) Assist persons in drafting legal records, give legal advice or otherwise practice law;
“(2) act as an immigration consultant or an expert on immigration matters;
“(3) represent a person in a judicial or administrative proceeding relating to immigration to the United States, United States citizenship or related matters; or
“(4) receive compensation for performing any of the activities listed in this subsection” (KSA 53-5a25[a]).
False or Deceptive Advertising
General Prohibition: “A notary public shall not engage in false or deceptive advertising” (KSA 53-5a25[e]).
‘Notario Publico’: “A notary public, other than an attorney licensed to practice law in this state, may not use the term ‘notario’ or ‘notario publico’ or any equivalent non-English term in any business card, advertisement, notice or sign” (KSA 53-5a25[f]).
Misrepresentation: “A notary public shall not advertise or represent that the notary public may assist persons in drafting legal records, give legal advice or otherwise practice law” (KSA 53-5a25[g]).
Mandatory Notice: “If a notary public who is not an attorney licensed to practice law in this state in any manner advertises or represents that the notary public offers notarial services, whether orally or in a record, including broadcast media, print media, and the internet, the notary public shall include the following statement, or an alternate statement authorized or required by the secretary of state, in the advertisement or representation, prominently and in each language used in the advertisement or representation and in each language in which notarial services are offered: “I am not an attorney licensed to practice law in this state. I am not allowed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities.” If the form of advertisement or representation is not broadcast media, print media or the internet and does not permit inclusion of the statement required by this subsection because of size, it shall be displayed prominently or provided at the place of performance of the notarial act before the notarial act is performed” (KSA 53-5a25[g]).
In-Person Electronic Notarization
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: “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]).
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]).
Remote Notarial Acts
Applicable Law
Revised Uniform Law on Notarial Acts: Kansas has enacted the Revised Uniform Law on Notarial Acts provisions related to notarizations with respect to remotely located individuals. These provisions are summarized below.
Kansas Administrative Regulations: The Kansas Secretary of State has adopted permanent regulations for notarizations using communication technology involving remotely located individuals. (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”).
Compliance Requirements
Communication Technology Standards: “The communication technology standards for notarial acts performed for remotely located individuals shall meet the following requirements, and the provider shall submit evidence of compliance to the secretary under penalty of perjury:
“(1) Provide for continuous, synchronous audiovisual feeds of sufficient video resolution and audio clarity to enable the notary public and the remotely located individual to see and speak with each other;
“(2) provide a means for the notary public reasonably to confirm that the electronic record before the notary public is the same record in which the remotely located individual made a statement or on which the remotely located individual executed a signature;
“(3) utilize a means of authentication that reasonably ensures that only the proper parties have access to the audiovisual recording;
“(4) be capable of securely creating and storing or transmitting securely to be stored the recording of the audiovisual communication;
“(5) keep confidential the questions asked as part of any identity proofing quiz and the means and methods used to generate the results of the credential analysis; and
“(6) provide reasonable security measures to prevent unauthorized access to the following:
“(A) The live transmission of the audiovisual communication;
“(B) the recording of the audiovisual communication; and
“(C) the electronic records presented for electronic notarization” (KAR 7-43-21[a]).Identity Proofing, Digital Certificate, Notary Control of Notarial Records: “Any notary public authorized to perform notarial acts for remotely located individuals may use a provider of communication technology and identity proofing if the provider has submitted evidence under penalty of perjury to the secretary and to the notary public that the provider meets the requirements in K.A.R. 7-43-18 and 7-43-19(b), in addition to the following:
“(A) Allowing the notary public sole control of the recording of the notarial act using audiovisual communication, subject to the authorized access granted by the notary public; and
“(B) providing the notary public with access to the recording of the notarial act using audiovisual communication technology” (KAR 7-43-22[a][1]).Backup of Notarial Records: “The provider shall make and retain a secure backup of any record that is related to a notarial act for a remotely located individual
“(A) If the provider of communication technology and the provider of the backup are the same entity and the provider ceases business operations, the provider shall notify the notary public in advance of the cessation of business operations and, at the notary public’s request, shall release any record related to a notarial act performed for a remotely located individual by the notary public.
“(B) If the provider of communication technology and the provider of the backup are separate entities, the provider of communication technology shall sign an agreement with the provider of the backup that includes both of the following requirements:
“(i) If the provider of communication technology or the provider of the backup ceases business operations, the entity ceasing business operations shall notify the other entity and the notary public in advance of the cessation of business operations.
“(ii) At the notary public’s request, the provider of the backup shall release to the notary public any record related to a notarial act for a remotely located individual performed by the notary public” (KAR 7-43-22[a][2]).
Protection of Privacy: “Each provider of communication technology shall protect from unauthorized access the audiovisual recording of each notarial act and any “personal information,” as defined in K.S.A. 50-7a01 and amendments thereto, disclosed during the performance of a notarial act using communication technology. The audiovisual recording shall be created in an industry-standard file format and shall not include images of any electronic record on which the remotely located individual made a statement or on which the remotely located individual executed a signature” (KAR 7-43-22[b]).
System Updates: “Any provider of communication technology may provide a hardware or software update to the technologies that the notary public identified in the notification form to perform notarial acts for remotely located individuals if the hardware or software update is not materially different from the technologies that the notary public identified on the notification form to perform notarial acts for remotely located individuals. The provider of communication technology shall offer an assurance to the notary public that the update does not represent a material difference from the technology that the notary public identified on the notification form provided to the secretary. If the provider of the technology notifies the notary public that the hardware or software update is materially different from the hardware or software identified on the notification form to perform notarial acts for remotely located individuals provided to the secretary, the notary public shall update the technology information with the secretary” (KAR 7-43-22[d]).
Location of Notary: “A notary public shall not perform a notarial act for a remotely located individual if the notary public is not physically located in Kansas at the time of the notarization” (KAR 7-43-22[d]).
Confirmation of Record: “A notary public or notarial officer located in this state may perform a notarial act using communication technology for a remotely located individual if … The notary public … is able reasonably to confirm that a record before the notary public is the same record in which the remotely located individual made a statement or on which the individual executed a signature” (KSA 53-5a15[b][2]).
Security of Communication Technology: “Each notary public shall take reasonable steps to ensure that the communication technology used to perform a notarial act for a remotely located individual is secure from unauthorized interception” (KAR 7-43-22[c]).
Remotely Located Individual Outside the U.S.: “A notary public or notarial officer located in this state may perform a notarial act using communication technology for a remotely located individual if … for a remotely located individual located outside the United States:
“(A) the record:
“(i) Is to be filed with or relates to a matter before a public official or court, governmental entity or other entity subject to the jurisdiction of the United States; or
“(ii) involves property located in the territorial jurisdiction of the United States or involves a transaction substantially connected with the United States; and
“(B) the act of making the statement or signing the record is not prohibited by the foreign state in which the remotely located individual is located” (KSA 53-5a15[b][4]).Recording of Remote Notarial Act: For the requirement that a Notary Public or a person acting on behalf of a Notary must create an audio-visual recording of the remote notarial act, see “Records of Notarial Acts,” below.
Obtaining a Digital Certificate: “[S]ome notary technology providers provide a digital certificate as part of the notary platform, while others may require the notary to purchase a digital certificate separately from another technology provider that offers digital certificates. Please consult with the notary technology provider to make this determination” (NPH).
Withholding Records
“Except as otherwise allowed by law, a notary public shall not withhold access to or possession of an original record provided by a person that seeks performance of a notarial act by the notary public” (KSA 53-5a25[h]).
Wills
“The notary should verify the identity of the person signing the will as well as each witness. State law provides that the acknowledgments and affidavits made before a notary regarding a will shall be substantially as follows:
“State of ______________
“County of __________ ss.
“Before me, the undersigned authority, on this day personally appeared __________, __________, and __________, known to me to be the testator and the witnesses, respectively, whose names are subscribed to the annexed or foregoing instrument in their respective capacities, and, all of such persons being by me first duly sworn, such __________, testator, declared to me and to the witnesses in my presence that such instrument is the testator's last will and testament, and that the testator had willingly made and executed it as the testator's free and voluntary act and deed for the purposes therein expressed. Such witnesses, each on the witness' oath stated to me, in the presence and hearing of the testator, that the testator had declared to them that such instrument is the testator's last will and testament, and that the testator executed same as such and wanted each witness to sign it as a witness. Upon their oaths each witness stated further that they did sign the will as witnesses in the presence of each other and in the presence of the testator and at the testator's request, and that the testator at that time possessed the rights of majority, was of sound mind and under no restraint.
______________________________ (Testator)
______________________________ (Witness)
______________________________ (Witness)
Subscribed, acknowledged and sworn to before me by __________, testator, and __________ and __________, witnesses, this _____ day of __________, A.D. __________. (seal)
(Signed) ___(notary signature) ______________________________
(Official capacity of officer, i.e. notary public)” (NPH).
CERTIFICATE OF NOTARIAL ACT
Certificate Requirements
General Requirement: “A notarial act shall be evidenced by a certificate” (KSA 53-5a16[a]).
Specific Requirements: “The certificate … shall:
“(1) Be executed contemporaneously with the performance of the notarial act;
“(2) be signed and dated by the notarial officer and, if the notarial officer is a notary public, be signed in the same manner as on file with the secretary of state;
“(3) identify the jurisdiction in which the notarial act is performed;
“(4) contain the title of office of the notarial officer; and
“(5) if the notarial officer is a notary public, indicate the notary public’s commission number and the date of expiration of the officer’s commission (KSA 53-5a16[a]).Tangible Records: “If a notarial act regarding a tangible record is performed by a notary public, an official stamp shall be affixed to or embossed on the certificate. If a notarial act is performed regarding a tangible record by a notarial officer other than a notary public and the certificate contains the information specified in subsections [KSA 53-5a16](a)(2), (a)(3) and (a)(4), an official stamp may be affixed to or embossed on the certificate” (KSA 53-5a16[b]).
Electronic Records: “If a notarial act regarding an electronic record is performed by a notarial officer and the certificate contains the information specified in subsections [KSA 53-5a16](a)(2), (a)(3), (a)(4) and (a)(5), an official stamp may be attached to or logically associated with the certificate” (KSA 53-5a16[b]).
Certificate Forms
“The secretary of state shall adopt rules and regulations providing short-form certificates of notarial acts that are sufficient for the purposes indicated if completed with the information required by law” (KSA 53-5a17). These certificate forms appear below.
“A notary should know the correct language to use in a notarial certificate when the signer explains what type of notarial act is needed. A notary may provide a sample of notarial certificates from which the signer may choose. However, the notary may not provide advice or guidance on the type of notarial certificate to be used if the signer does not know what type of notarial act is needed. If the signer does not know the type of notarial certificate that is needed, the signer should consult with the issuer or drafter of the document, the entity that will receive the document, or an attorney for assistance” (NPH).
Acknowledgment by Individual (KAR 7-43-17[1]) State of Kansas This record was acknowledged before me on __________ (Date) by _________________________ (Name(s) of person(s)). Signature of notarial officer [Official Stamp] |
Acknowledgment by Representative (KAR 7-43-17[2]) State of Kansas This record was acknowledged before me on __________ (Date) by _________________________ (Name(s) of person(s)) as _________________________ (type of authority, such as officer or trustee) of _________________________ (name of party on behalf of whom record was executed). Signature of notarial officer [Official Stamp] |
Verification on Oath or Affirmation (KAR 7-43-17[3]) State of Kansas Signed and sworn to (or affirmed) before me on __________ (Date) by _________________________ (Name(s) of person(s) making statement). Signature of notarial officer [Official Stamp] |
Signature Witnessing or Attestation (KAR 7-43-17[4]) State of Kansas Signature of notarial officer [Official Stamp] |
Copy Certification (KAR 7-43-17[5]) State of Kansas I certify that this is a true and correct copy of a record in the possession of _________________________ . Dated _______________ Signature of notarial officer [Official Stamp] |
Power of Attorney by Representative (KAR 7-43-17[6]) State of Kansas This instrument was signed before me on __________ (Date) by _________________________ (Name(s) of designee(s)) as power of attorney of ___________________________________ (Name of party on behalf of whom instrument was executed.) Signature of notarial officer [Official Stamp] |
Remote Notarial Certificate
Indication of Remote Notarial Act: “If a notarial act is performed under this section, the certificate of notarial act required by [KSA] 53-5a16, and amendments thereto, and the short-form certificate provided in [KSA] 53-5a17, and amendments thereto, shall indicate that the notarial act was performed using communication technology” (KSA 53-5a15[c]; see also KAR 7-43-17[b]).
Contents: “Upon performing a notarial act for a remotely located individual, the notary public shall electronically attach a notarial certificate to the document being notarized. Each notarial certificate for a notarial act for a remotely located individual shall meet the following requirements:
“(1) State the name of the remotely located individual;
“(2) provide the date the notarial act occurred;
“(3) identify the state and county in which the notarial act was performed;
“(4) include a description of the type of notarial act performed, which shall be sufficient if the description is substantially similar to a short form specified in K.A.R. 7-43-17;
“(5) include a statement regarding the use of communication technology as specified in K.A.R. 7-43-17; and
“(6) contain the notary public’s official stamp that is attached to the record and signed by the notary public with the notary public’s digital certificate” (KAR 7-43-20[c]).Certificate Forms: For the short notarial certificate forms that are sufficient for performance of notarial acts involving remotely located individuals, see “Certificate Forms,” above.
Sufficiency of Certificate
Notarial Acts: “A certificate of a notarial act is sufficient if it meets the requirements of subsections (a) and (b) and:
(1) Is in a short form set forth in [KSA{ 53-5a17, and amendments thereto;
(2) is in a form otherwise permitted by the law of this state;
(3) is in a form permitted by the law applicable in the jurisdiction in which the notarial act was performed; or
(4) sets forth the actions of the notarial officer and the actions are sufficient to meet the requirements of the notarial act as provided in [KSA] 53-5a05, [KSA] 53-5a06 and [KSA] 53-5a07, and amendments thereto, or the law of this state” (KSA 53-5a16[c]).Remote Notarial Acts: “A short-form certificate provided in K.S.A. 2021 Supp. 53-5a17, and amendments thereto, for a notarial act subject to this section is sufficient if it:
“(1) Complies with rules and regulations adopted pursuant to [KSA] 53-5a 27, and amendments thereto; or
“(2) is in the form provided in [KSA] 53-5a17, and amendments thereto, and contains a statement substantially as follows: ‘This notarial act involved the use of communication technology’” (KSA 53-5a15[d]).
Attached Certificate
“If a notarial certificate cannot be affixed to a record to be notarized because the record lacks adequate space for a notarial certificate, the notary public shall:
(1) provide the notarial certificate on a separate page and attach the notarial certificate to the record by staple or other secure method so that the removal of the record or notarial certificate is discernible; and
(2) include in the notarial certificate a description of the record to which the notarial certificate is attached” (KAR 7-43-19[b]).
Security of Certificate
Tangible Records: “If a notarial act is performed regarding a tangible record, a certificate shall be part of, or securely attached to, the record” (KSA 53-5a16[f]).
Electronic Records: “If a notarial act is performed regarding an electronic record, the certificate shall be affixed to, or logically associated with, the electronic record” (KSA 53-5a16[f]).
Standards: “If the secretary of state has established standards in rules and regulations … for attaching, affixing or logically associating the certificate, the process shall conform to the standards” (KSA 53-5a16[f]).
Executing a Certificate
“By executing a certificate of a notarial act, a notarial officer certifies that the officer has complied with the requirements and made the determinations specified in [KSA] 53-5a04, [KSA] 53-5a05 and [KSA] 53-5a06, and amendments thereto” (KSA 53-5a16[d]).
Contemporaneous Completion of Certificate
“A notarial officer shall not affix the officer’s signature to, or logically associate it with, a certificate until the notarial act has been performed” (KSA 53-5a16[e]).
Correcting a Certificate
“If a notary is using a preprinted certificate the notary may line through and initial any information that is not completed, or the notary may make a correction to the notarial certificate and initial the correction. The notary may not alter the document; only the notarial certificate” (NPH).
SEAL AND SIGNATURE
Definitions
Official Stamp: “'Official stamp' means a physical image affixed to or embossed on a tangible record or an electronic image attached to or logically associated with an electronic record, including an official notary seal” (KSA 53-5a02[h]).
Stamping Device: “'Stamping device' means: (1) A physical device capable of affixing to or embossing on a tangible record an official stamp; or (2) an electronic device or process capable of attaching to or logically associating with an electronic record an official stamp” (KSA 53-5a02[m]).
Official Stamp Requirement
Notarial Acts
Notaries Public: Required.
“If a notarial act regarding a tangible record is performed by a notary public, an official stamp shall be affixed to or embossed on the certificate” (KSA 53-5a016[b]).Other Notarial Officers: Permitted.
“If a notarial act is performed regarding a tangible record by a notarial officer other than a notary public and the certificate contains the information specified in subsections (a)(2), (a)(3) and (a)(4), an official stamp may be affixed to or embossed on the certificate” (KSA 53-5a016[b]).
In-Person Electronic Notarial Acts
Notaries Public: Required.
“Any notary public shall affix an official stamp to a notarial certificate that is affixed to or logically associated with the electronic record” (KAR 7-43-14[a]).Other Notarial Officers: Permitted.
“If a notarial act regarding an electronic record is performed by a notarial officer and the certificate contains the information specified in subsections (a)(2), (a)(3), (a)(4) and (a)(5), an official stamp may be attached to or logically associated with the certificate” (KSA 53-5a016[b]).
Remote Notarial Acts
Notaries Public: Required for remote notarial acts on paper and electronic records (KSA 53-5a016[b]; (KAR 7-43-14[a]).
Other Notarial Officers: Notarial officers other than Notaries Public are not authorized to perform remote notarial acts under Kansas law.
Electronic Real Property Records: Not required.
“A physical or electronic image of a stamp, impression or seal is not required to accompany an electronic signature” (KSA 58-4403[c]).
Official Stamp Format
Notarial Acts
Inked Rubber Stamp or Embosser: The official stamp must “be capable of being copied together with the record to which it is affixed or attached or with which it is logically associated” (KSA 53-5a18[a]).
Shape/Size: Not specified.
Components:
Name of Notary (exactly as it appears on the application for appointment);
“Notary Public”;
“State of Kansas”;
Other information required by the Secretary of State
Notary Public’s commission number: “In addition to the requirements of state law, each notary public’s official stamp for a tangible record shall provide a space for the notary public to record the notary public’s commission expiration date” (KAR 7-43-13[b]).
In-Person Electronic Notarial Acts: “An official stamp shall not be required to be within a minimum or maximum size when photographically reproduced on an electronic record. Each official stamp used shall include the following:
“(1) The notary public’s name exactly as indicated on the notary public’s commission;
“(2) the words “State of Kansas” and “Notary Public”;
“(3) the notary public’s commission number; and
“(4) the date of expiration of the notary public’s commission” (KAR 7-43-14[b]).Remote Notarial Acts: The same format requirements for the Notary Public’s official stamp with respect to an electronic record apply to remote notarial acts.
Filing Official Stamp
“No notary public shall use such stamp unless an impression thereof has been filed in the office of the secretary of state” (KSA 53-5a18[a]).
Examples
The below are typical, actual-size examples of official Notary stamping devices and electronic Notary seals which are allowed by Kansas law. Formats other than these may also be permitted.
Stamping Device Ownership and Security
Property of Notary: A notary commission, including the notary’s stamp … belongs to the notary, regardless of who paid for the … stamp….” (NPH).
Sole Use: “A notary public is responsible for the security of the notary public’s stamping device and shall not allow another individual to use the device to perform a notarial act” (KSA 53-5a19[a]).
Sole Control
Definition: “Sole control” means being in the direct physical custody of the notary public or safeguarded by the notary public with a password or other secure means of authentication” (KAR 7-43-7[d]).
Requirement: “Each notary public’s stamping device shall be retained under the notary public’s sole control” (KAR 7-43-13[a]).
Multiple Stamping Devices
“Nothing in this subsection shall be construed to prohibit a notary public from using multiple stamping devices” (KAR 7-43-13[a]).
New Stamp
Name Change: Notaries who legally change their names must obtain a seal with the new name and, before notarizing and within 30 days after the name change, mail or deliver notice of the change to the Secretary of State (Form NC Notary Public Change of Status) that includes an impression of the new seal (KSA 53-5a22[h]). A Notary who obtains a new seal for any reason must likewise report the change to the Secretary of State and include an impression (KSA 53-5a22[i]).
Replacement Stamping Device: “Each notary public who obtains a new stamping device for use on a tangible record shall destroy or render unusable any previous stamping device, if the previous stamping device will no longer be used…. When replacing a stamping device that has been lost or stolen, the notary public shall use a different style of official stamp to ensure that the new official stamp looks different from the prior official stamp” (KAR 7-43-13[a]).
Official Electronic Stamp
Legible and Photographically Reproducible: “When affixed to an electronic record, the official stamp on a notarial certificate shall be clear, legible, and photographically reproducible” (KAR 7-43-14[b]).
Security of Electronic Official Stamp: “Each notary public’s stamping device shall be retained under the notary public’s sole control and shall be secured by the notary public by means of a password or other secure method of authentication. A notary public shall not disclose any access information used to affix the notary public’s electronic signature or official stamp to electronic records, except when required by a court order or subpoena” (KAR 7-43-14[c]).
Lost, Stolen, Vandalized, Compromised Official Electronic Stamp: “Each notary public shall promptly notify the secretary on actual knowledge of the theft, vandalism, or unauthorized use by another person of the notary public’s stamping device” (KAR 7-43-14[d]).
Notary’s Electronic Signature
In-Person Electronic Notarial Acts: “For each electronic record, the notary public shall attach or logically associate the notary public’s electronic signature by use of a digital certificate to a notarial certificate that is affixed to or logically associated with the electronic record that is the subject of a notarial act” (KAR 7-43-19[c]).
Remote Notarial Acts: “Each notary public shall attach that individual’s electronic signature to the notarial certificate on an electronic record in a manner that is capable of independent verification and renders any subsequent change or modification to the electronic record tamper-evident” (KAR 7-43-20[e]).
RECORDS OF NOTARIAL ACTS
Records Requirement
Journal
Notarial Acts: Required. “A notary public shall maintain a journal in which the notary public chronicles all notarial acts that the notary public performs” (KSA 53-5a20[a]).
In-Person Electronic Notarial Acts: Required (KSA 53-5a20[a]).
Remote Notarial Acts: Required (KSA 53-5a20[a]).
Recording of Remote Notarial Acts: Required (KSA 53-5a15[b][3]).
Journal Format
“A journal may be created on a tangible medium or in an electronic format” (KSA 53-5a20[b]).
Tangible Journal: “If the journal is maintained on a tangible medium, it shall be a permanent, bound register with numbered pages” (KSA 53-5a20[b]).
Electronic Journal: “ If the journal is maintained in an electronic format, it shall be in a permanent, tamper-evident electronic format complying with the rules and regulations of the secretary of state” (KSA 53-5a20[b]).
Tangible Copies: “Each notary public’s records shall be capable of being produced in a tangible medium when requested” (KAR 7-43-15[b]).
Journal Entries
“An entry in a journal shall … contain the following information:
“(1) The date and time of the notarial act;
“(2) a description of the record, if any, and type of notarial act;
“(3) the full name and address of each individual for whom the notarial act is performed;
“(4) if identity of the individual is based on personal knowledge, a statement to that effect;
“(5) if identity of the individual is based on satisfactory evidence, a brief description of the method of identification and the identification credential presented, if any, including the date of issuance and expiration of any identification credential; and
“(6) the fee, if any, charged by the notary public” (KSA 53-5a20[c]).
Contemporaneous Completion
“An entry in a journal shall be made contemporaneously with performance of the notarial act” (KSA 53-5a20[c]).
Property of Notary
“A notary commission, including the notary’s … journal, belongs to the notary, regardless of who paid for the … journal. A notary who provides notarial acts as part of their job duties, and who leaves employment, should keep their … journal” (NPH)
Security of Journal
Definition: “Sole control” means being in the direct physical custody of the notary public or safeguarded by the notary public with a password or other secure means of authentication” (KAR 7-43-7[d]).
Requirement: “Each notary public shall retain that notary public’s records in a journal under the notary public’s sole control” (KAR 7-43-15[a]).
Copies of Journal Entries
“The notary may provide a copy of any journal entries documenting notarial acts performed for the notary’s employer” (NPH).
Lost or Stolen Journal
“If a notary public’s journal is lost or stolen, the notary public shall promptly notify the secretary of state on discovering that the journal is lost or stolen” (KSA 53-5a20[d]).
Audiovisual Recordings of Remote Notarial Acts
“Each notary public who performs a notarial act for a remotely located individual shall maintain an audiovisual recording of all notarial acts in addition to a journal of notarial acts that contains the entries required under K.S.A. 2021 Supp. 53-5a20(c), and amendments thereto. The audiovisual recording shall include the following, at a minimum:
“(1) Confirmation by the notary public that the individual has successfully completed identity proofing and credential analysis;
“(2) visual confirmation of the identity of the individual through visual inspection of the credential used during credential analysis; and
“(3) the actual notarial act performed” (KAR 7-43-20[d]).
Retention and Disposition of Records
Journal: “The notary public shall retain the journal for 10 years after the performance of the last notarial act chronicled in the journal” (KSA 53-5a20[a]; see also KAR 7-43-23[a]).
Commission Resignation, Revocation, Suspension: “On resignation from, or the revocation or suspension of, a notary public’s commission, the notary public shall retain the notary public’s journal in accordance with subsection (a) and inform the secretary of state where the journal is located” (KSA 53-5a20[e]).
“Instead of retaining a journal as provided in [KSA 53-5a20](a) and (e), a current or former notary public may transmit the journal to a repository approved by the secretary of state” (KSA 53-5a20[f]).Death or Incompetency of Notary: “On the death or adjudication of incompetency of a current or former notary public, the notary public’s personal representative or guardian or any other person knowingly in possession of the journal shall:
“(1) Retain the notary public’s journal in accordance with [KSA 53-5a20](a) or transmit the journal to a repository approved by the secretary of state; and
“(2) inform the secretary of state where the journal is located” (KSA 53-5a20[g]; see also KAR 7-43-23[c]).
Electronic Journal: “Each notary public who maintains a notary public journal in an electronic format shall meet the following requirements:
“(1) Retain the journal and any audiovisual recordings in a way that protects the journal and recordings against unauthorized access by means of a password or other secure means; and
“(2) take reasonable steps to ensure that a backup of the journal and audiovisual recordings exists and is secure from unauthorized use” (KAR 7-43-23[b]).Audio-Visual Recordings: “Unless a different period is required by rules and regulations adopted pursuant to [KSA] 53-5a27, and amendments thereto, the recording shall be retained for a period of at least 10 years after the recording is made” (KSA 53-5a15[e]; see also KAR 7-43-23[a]).
“A notary public, a guardian, conservator or agent of a notary public or a personal representative of a deceased notary public, shall retain the audio-visual recording created under [KSA 53-5a15](b)(3) or cause the recording to be retained by a repository designated by or on behalf of the person required to retain the recording” (KSA 53-5a15[e]; see also KAR 7-43-23[c]).
Repositories of Records
Authorization and Approval: A Notary Public may designate a repository to store journals (KSA 53-5a20[f]) and audio-visual recordings (KSA 53-5a15[e]). The repository must be approved by the secretary of state (KSA 53-5a20[g][1]).
Contract: “A notary public, a guardian, conservator, or agent of a notary public, or a personal representative of a deceased notary public may, by written contract, engage a third party to act as a repository to provide the storage required by this regulation if a third party has verified to the secretary under penalty of perjury that the party meets the requirements specified in this regulation. The contract shall meet either of the following requirements:
“(1) Enable the notary public, the guardian, conservator, or agent of the notary public, or the personal representative of the deceased notary public to comply with the retention requirements of this regulation even if the contract is terminated; or
“(2) provide that the information will be transferred to the notary public, the guardian, conservator, or agent of the notary public, the personal representative of the deceased notary public, or the secretary if the contract is terminated” (KAR 7-43-23[d]).
Employer Prohibitions
“A notary commission, including the notary’s stamp and journal, belongs to the notary, regardless of who paid for the commission, surety bond, stamp, or journal. A notary who provides notarial acts as part of their job duties, and who leaves employment, should keep their notary stamp and journal. The notary may provide a copy of any journal entries documenting notarial acts performed for the notary’s employer. If the employer cancels the notary’s surety bond, the notary may purchase a new bond to continue their commission” (NPH).
FEES FOR NOTARIAL ACTS
Maximum Fees
Notary fees are not specified by law.
Fee Rules
Fee Permitted. “ Any notary public may charge a fee for performing a notarial act with respect to a tangible record or an electronic record or a notarial act for a remotely located individual” (KAR 7-43-16[a]).
Fee Standards: “If the notary public charges a fee, the notary public shall ensure that all the following requirements are met:
“(1) The fee shall be disclosed to the signer and agreed to by the signer before the notarial act is performed.
“(2) The fee shall be collected when the notarial act is performed.
“(3) The fee shall be recorded in the notary public’s journal” (KAR 7-43-16[a]).
“The notary public shall disclose to the signer that the fee is permitted but is not required by state law or regulation” (KAR 7-43-16[b]).
REAL ESTATE PRACTICES
Notary Signing Agents
Currently, there are no statutes, regulations or rules expressly governing, prohibiting, or restricting the operation of Notary Signing Agents within the state of Kansas.
Recording Requirements
Signatures: “Conveyances of land, or of any other estate or interest therein, may be made by deed, executed by any person having authority to convey the same, or by that person’s agent or attorney, and may be acknowledged and recorded as herein directed, without any other act or ceremony whatever” (KSA 58-2205).
“All deeds or other conveyances of lands, or of any estate or interest therein, shall be subscribed by the party granting the same, or by the party’s lawful agent or attorney, and may be acknowledged or proved and certified in the manner prescribed by the uniform law on notarial acts and K.S.A. 58-2216 and amendments thereto” (KSA 58-2209).Acknowledgment: “All conveyances, and other instruments affecting real estate must be acknowledged before a person authorized by the uniform law on notarial acts to perform notarial acts or, if acknowledged within this state, by a county clerk, register of deeds or mayor or clerk of an incorporated city” (KSA 58-2211).
RECOGNITION OF NOTARIAL ACTS
Notarial Acts in Kansas
“(a) A notarial act may be performed within this state by:
“(1) A notary public of this state;
“(2) a judge, clerk or deputy clerk of any court of this state;
“(3) a county clerk or deputy county clerk;
“(4) an election commissioner or assistant election commissioner; or
“(5) any other person authorized to perform the specific act by the law of this state.
“(b) The signature and title of a person performing a notarial act are prima facie evidence that the signature is genuine and that the person holds the designated title.
“(c) The signature and title of a notarial officer described in subsection (a)(1), (a)(2), (a)(3) or (a)(4) conclusively establish the authority of the officer to perform the notarial act” (KSA 53-5a10[a], [b], and [c]).
Registers of Deeds: County registers of deeds are authorized to take acknowledgment of instruments conveying or affecting real estate within Kansas (KSA 58-2211).
Notarial Acts in U.S. State or Jurisdiction
“(a) A notarial act performed in another state 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 that state is performed by:
“(1) A notary public of that state;
“(2) a judge, clerk or deputy clerk of a court of that state; or
“(3) any other person authorized by the laws of that state to perform the notarial act.
“(b) The signature and title of an individual performing a notarial act in another state 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 53-5a11[a], [b], and [c]).
Notarial Acts Under Authority of Federally Recognized Indian Tribe
“(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 U.S. 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).
Notarial Acts in Foreign State
“(a) If a notarial act is performed under authority and in the jurisdiction of a foreign state or constituent unit of the foreign state or is performed under the authority of a multinational or international governmental organization, the act has the same effect under the law of this state as if performed by a notarial officer of this state.
“(b) If the title of office and indication of authority to perform notarial acts in a foreign state appears in a digest of foreign law or in a list customarily used as a source for that information, the authority of an officer with that title to perform notarial acts is conclusively established.
“(c) The signature and official stamp of an individual holding an office described in subsection (b) are prima facie evidence that the signature is genuine and the individual holds the designated title.
“(d) An apostille in the form prescribed by the hague convention of October 5, 1961, and issued by a foreign state party to the convention conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office.
“(e) A consular authentication issued by an individual designated by the United States department of state as a notarizing officer for performing notarial acts overseas and attached to the record with respect to which the notarial act is performed conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office.
“(f) As used in this section, “foreign state” means a government other than the United States, a state or a federally recognized Indian tribe” (KSA 53-5a14).
AUTHENTICATION OF NOTARIAL ACTS
Secretary of State
Authenticating certificates for Notaries, including apostilles, are issued only by the Kansas Secretary of State’s office (KSA 53-401).
Address: Office of Secretary of State
Notary Clerk
Memorial Hall, 1st Floor
120 S.W. 10th Ave., Room 100
Topeka, KS 66612-1594Phone: 785-296-4564
Procedure
Mailed and In-Person Requests: Both mailed and walk-in requests are accepted. Mailed requests must include an addressed, stamped return envelope and a completed Form DC “Request for Document Certification (Apostille/Authentication).”
Request Form: A completed Form DC “Request for Document Certification (Apostille/Authentication)” that is available for download on the Secretary of State’s website must be included with the request.
Fee: $7.50 per Apostille/authentication.
Authorized Documents: “An apostille or authentication may be obtained for the following documents:
“• Kansas birth certificates
“• Kansas marriage certificates
“• Kansas death certificates
“• Kansas divorce decrees
“• Diplomas and transcripts from Kansas schools
“• Judgments from a Kansas court
“• Other documents issued by a public authority or notarized by a Kansas notaryPublic Documents: Public documents, such as those listed above, on file with a public office or agency must be certified by that office or agency. Many public documents contain a warning that the document is not to be copied. These documents should not be copied and certified. A notary may be sanctioned by the Secretary of State for providing a certified copy of such a document” (NPH).
Return Delivery: “To receive return documents by FedEx, please complete section 6 on Form DC and include credit card payment information in section 4. The payment information can be used for processing the certification and the shipping charges” (website, “Apostilles & Authentications”).
Processing Time: Documents are processed and returned within 3-5 days from the date of reception (website, “Request for Document Certification (Apostille/Authentication)” Form).
© 2024 National Notary Association.