Last updated: March 29, 2017

NOTARY ADMINISTRATION

Contact Information Office of Secretary of State Notary Clerk Memorial Hall, 1st Floor 120 S.W. 10th Ave. Topeka, KS 66612-1594 1-785-296-4564

Website: www.kssos.org/business/business_notary.html

Notary Rules KSA - Kansas Statutes Annotated KAR - Kansas Administrative Regulations NPH - Kansas Notary Public Handbook

Most Notary rules are in the Kansas Statutes Annotated, Chapter 53, “Notaries Public and Commissioners”:

a. Article 1, “Notaries Public”;

b. Article 5, “Uniform Law on Notarial Acts.”*

* This is the Uniform Law on Notarial Acts of 1982, adopted virtually intact as KSA 53-501 through53-511.

Rules for electronic notarization are in the Kansas Administrative Regulations, Agency 7 (“Secretaryof State”), Article 43 (“Electronic Notarization”).

Other guidelines for Notaries are in the “Kansas Notary Public Handbook,” published by the Kansas Secretary of State and available on the website.

NOTARY SEAL

A Kansas Notary must authenticate all official acts with a seal of office, and the seal’s format must be as follows (KSA 53-105):

Kind Inked Rubber Stamp or Embosser: “The seal of every notary public shall be either a seal press and the

impression thereof inked or blackened or a rubber stamp to be used with permanent ink so that any such seal may be legibly reproduced by photographic process. No notary public shall use either such seal unless an impression thereof has been filed in the office of secretary of state” (KSA 53-105).

Shape/Size Not specified.

Components

1. Name of Notary (exactly as it appears on application for appointment); 2. “Notary Public”; 3. “State of Kansas”; 4. OPTIONAL: appointment expiration date; picture of the Kansas Capitol building.

Because a seal impression must be affixed to each application for a Kansas Notary commission, a

blank space may be left in the seal for the yet-to-be-assigned expiration date, with the date later written in by hand for each notarial act. Or the applicant may pick an expiration date sufficiently in the future to allow commission processing and have that date made part of the seal. Or, as indicated above, no expiration date at all is needed in the seal. “(S)ince the date is assigned by the secretary of state after the application is filed, we recommend that the expiration date be left blank” (website, “Become a Notary”). Appointment Expiration Date

“Every notary public shall add to such notary’s official signature the date of expiration of appointment as a notary public” (KSA 53-105). This expiration date may be included in the seal.

“If any notary public shall willfully neglect or refuse to attach to the notary’s official signature the date of expiration of appointment, as provided in KSA 53-105, the notary shall be deemed guilty of a class C misdemeanor” (KSA 53-106). “Failure to attach the date of expiration also may be grounds for revocation of the notary’s appointment (KSA 53-118)” (NPH, “Guidelines for Notaries Public”).

“If the officer is a notary public, the certificate must also indicate the date of expiration, if any, of the commission of office, but omission of that information may subsequently be corrected” (KSA 53-508[a]).

“The certificate and wallet card will include the date that the notary’s commission expires. This date must be included in each notarization performed by the notary. The expiration date is determined by the date that the Secretary of State’s office files the application, not the date on the bond or the date the application is submitted to our office” (website, “Become a Notary”). Name Change

Notaries who legally change their names must get 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 (on a “Notary Public Change of Status” form provided by the Secretary) that includes an impression of the new seal (KSA 53-114[a]). A Notary who gets a new seal for any reason must likewise report the change to the Secretary of State and include an impression within 30 days (KSA 53-114[b]). Seal Ownership and Security

“A notary commission is personal to the notary public. The stamp and journal belong to the notary public and must be safeguarded by the notary in order to prevent forgeries and other misuse. Even if an employer pays for the notary commission, the employer cannot convert the stamp and journal” (NPH, “Frequently Asked Questions”).

Examples

The above typical, actual-size examples of Notary seals are allowed by Kansas law. Formats other than these may also be permitted. NOTARY POWERS

Kansas Notaries are authorized to perform the following notarial acts (KSA 53-107 and 53-502): • Take acknowledgments1; • Administer oaths2 and affirmations3; • Take verifications4 upon oath or affirmation; • Witness or attest signatures5; • Certify or attest copies6; • Note protests of negotiable instruments7; • “(P)erform any other act permitted by law.”

1 – Acknowledgments: “‘Acknowledgment’ means a declaration by a person that the person has

executed an instrument for the purposes stated therein and, if the instrument is executed in a representative capacity, that the person signed the instrument with proper authority and executed it as the act of the person or entity represented and identified therein” (KSA 53-502[b]).

“In taking an acknowledgment, the notarial officer must determine, either from personal knowledge or from satisfactory evidence, that the person appearing before the officer and making the acknowledgment is the person whose true signature is on the instrument” (KSA 53-503[a]).

“Person appears before the notary and acknowledges or declares to the notary that he or she signed the document” (NPH, “Duties of Notaries Public”).

2 – Oaths: An oath is “(a) sworn statement made before a notary or other authorized officer (NPH, “Glossary of Terms”).

“All oaths shall be administered by laying the right hand upon the Holy Bible or by the uplifted right hand” (KSA 54-102). “All oaths shall commence and conclude as follows: ‘You do solemnly swear,’ etc.; ‘So help you God.’” (KSA 54-104).

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.”

3 – Affirmations: An affirmation is a “(s)poken promise that the contents of the document are true, without requirement of swearing under oath to God. An affirmation is made by a person having conscientious or religious objections to oaths” (NPH, “Glossary of Terms”).

“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).

4 – Verifications: “In taking a verification upon oath or affirmation, the notarial officer must determine, either from personal knowledge or from satisfactory evidence, that the person appearing before the officer and making the verification is the person whose true signature is on the statement verified” (KSA 53-503[b]).

“Person appears before the notary who administers an oath before he or she signs the document. The party signs in the presence of the notary following the oath…” (NPH, “Duties of Notaries Public”).

5 – Witnessing or Attesting Signatures: “In witnessing or attesting a signature, the notarial officer must determine, either from personal knowledge or from satisfactory evidence that the signature is that of the person appearing before the officer and named in the instrument” (KSA 53-503[c]).

“If the document requires witnessing, you must personally see the person sign the document” (NPH).

6 – Certified Copies: “In certifying or attesting a copy of a document or other item, the notarial officer must determine that the proffered copy is a full, true, and accurate transcription or reproduction of that which was copied” (KSA 53-503[d]).

“The notary public must be presented with the original document and make the copy so as to ensure that the copy is in fact a true copy of the original. This procedure should not be used for publicly recorded documents as the notary public cannot obtain the original. Original documents on file with an office/entity must be certified by that entity (i.e., court documents are certified by the court clerk who retains the originals; corporation documents filed with the Secretary of State’s office are certified by the Secretary of State; birth/death certificates are certified by the Kansas Department of Health and Environment, Office of Vital Statistics, which maintains the original records, etc.)” (NPH, “Duties of Notaries Public”).

7 – Protests: “In making or noting a protest of a negotiable instrument the notarial officer must determine the matters set forth in K.S.A. 84-3-509 and amendments thereto” (KSA 53-503[e]).

For rules on execution of protests, see KSA Chapter 84 (“Uniform Commercial Code”), Article 3 (“Negotiable Instruments”), Part 5 (“Dishonor”). “A protest is a certificate of dishonor made by a notary public or other person authorized by the law where dishonor occurs. 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 also may certify that notice of dishonor has been given to some or all parties” (NPH, “Duties of Notaries Public”). Unsworn Declarations

“(W)henever a law of this state or any rules and regulations, order or requirement adopted or issued thereunder requires or permits a matter to be supported, evidenced, established or proved by the sworn written declaration, verification, certificate, statement, oath or affidavit of a person, such matter may be supported, evidenced, established or proved with the same force and effect by the unsworn written declaration, verification, certificate or statement dated and subscribed by the person as true, under penalty of perjury ... (These) provisions ... do not apply to the following oaths:

“(1) An oath of office. “(2) An oath required to be taken before a specified official other than a notary public. “(3) An oath of a testator or witnesses as required for wills, codicils, revocations of wills and codicils

and republications of wills and codicils ...” (KSA 53-601). For wording, see “Unsworn Declarations,” under “Notary Certificates,” below.

Identifying Signers

The following identification requirements from the Uniform Law on Notarial Acts apply to acknowledgments, verifications upon oath or affirmation and witnessing or attesting signatures:

“A notarial officer has satisfactory evidence that a person is the person whose true signature is on a document if that person is (1) personally known to the notarial officer, (2) identified upon the oath or affirmation of a credible witness personally known to the notarial officer or (3) identified on the basis of identification documents” (KSA 53-503[f]).

“A notary identifies a signer by carefully examining the identification presented by that person and comparing the signatures the person has made on the document with the signature on the identification. Proper ‘identification’ should include a photograph on a reliable identification card such as a driver’s license. It also is considered sufficient identification if, under oath, a credible witness personally known by the notary identifies the person” (NPH, “Frequently Asked Questions”).

“When notarizing a document, the notary public must exercise reasonable care in determining the identity of the person whose signature is being notarized” (NPH, “Guidelines for Notaries Public”).

Representative Capacity: “If the person signs in a representative capacity (i.e., John Smith as President of ABC Corporation), the notary public is not required to check the person’s authority, meaning the notary does not check to see if John Smith is in fact president of ABC Corporation. Notaries only must verify the person’s legal name as it is the only fixed means of identifying the person; titles come and go. The notary should ensure that the notarial block (certificate) indicates that the person is signing in a representative capacity for the principal…

“An agent authorized by power of attorney to sign for a principal is not required to show the POA at the time of notarization. The notary does not check the person’s authority to sign, but merely checks the identity of the agent signing. The document should be signed with the principal’s name and the agent’s name, with disclosure of the relationship (“by POA” or “as Attorney-in-Fact). The notary should ensure that the notarial block (certificate) indicates that the person is signing in a representative capacity for the principal (KSA 53-509[b])…” (NPH, “Helpful Hints for Notaries Public”).

Signing Full Name: “Q. A person whose identification indicates a first name of ‘Robert’ has asked me to take his acknowledgment on a document he has signed as ‘Bob.’ Should I insist that he sign as ‘Robert?’

“A. Not necessarily. As long as the name that is printed on the document matches the name that is printed on the identification of the signer, the signature does not have to be legible or identical to the printed name” (NPH, “Frequently Asked Questions”). Determining Competence

“Although there are differing opinions on whether a notary public has a duty to determine the person’s competency, many experts recommend that the notary make a limited inquiry into the person’s ability to understand the contents of the document that the person is signing. The notary can make a quick assessment by asking the person if he or she understands the document. Clearly, a notary should refuse to notarize the signature of a person who unquestionably has no ability to understand the document (unconscious, mentally disabled, etc.)” (NPH, “Frequently Asked Questions”). Proof of Execution

“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).

“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). NOTARY DON’TS

Kansas Notaries may (NPH, “Frequently Asked Questions”): 1. NOT notarize their own signatures; 2. NOT notarize an unsigned document; 3. NOT sign a notarial certificate containing false statements; 4. NOT take an acknowledgment over the telephone; 5. NOT take an acknowledgment “because someone else assures you that the signature is genuine”; 6. NOT take an acknowledgment “just because you recognize the person’s signature.”

Personal Appearance

“The most serious error made by notaries is failure to require the person to appear before the notary before notarizing the document. The person who signed the document must always appear in person. Failure to observe this requirement can result in criminal and civil liability and the loss of the notary’s commission” (NPH, “Frequently Asked Questions”).

“Never notarize a document outside the presence of the signing party. A notary is required to properly identify the person to ensure that he or she signed the document; the only way to perform this duty is to have the person appear before the notary” (NPH, “Guidelines for Notaries Public”). Acting as Legal Advisor

“Unless the notary also is an attorney, the notary cannot act as a legal advisor and cannot prepare legal documents. For example, if a document does not contain a notarial certificate, the notary public cannot advise as to the proper type of notarization. An attorney should be consulted as to the proper

notarization that is required for the document (acknowledgment, witnessing or verification)” (NPH, “Frequently Asked Questions”). Determining Notarization

“The type of notarization should be evident from the notary block (certificate) on the document. If the notary block is not already on the document, the signing party or the party drafting/providing the document should instruct the notary public what notarial block is required (acknowledgment, witnessing or verification) … The notary should not make the determination as to what notarization type is appropriate as this could constitute the unlawful practice of law. However, the notary should know the correct language to be used when the person explains what type of notarization is needed” (NPH, “Guidelines for Notaries Public”). Foreign-Language Advertising

“(a) A notary public who is not admitted to the practice of law in this state and who advertises notarial services in a language other than English shall include, in any advertisement, notice, letterhead or sign, a statement prominently displayed, in the same language in which such notarial services are offered, as follows: ‘I am not authorized to practice law and have no authority to give advice on immigration law or other legal matters.’

“(b) A notary public who is not admitted to the practice of law in this state shall not use the term ‘notario publico’ or any equivalent non-English term in any business card, advertisement, notice or sign unless it complies with the requirements of subsection (a)” (KSA 53-121).

Violation of the above subsection constitutes a class B misdemeanor, as well as a deceptive act or practice under KSA 50-626 that is subject to the penalties and remedies provided by the Kansas Consumer Protection Act. Disqualifying Interests

Direct Interest: A Notary who has a direct financial or beneficial interest in a transaction must not notarize in connection with that transaction, as when the Notary (KSA 53-109):

1. With respect to a financial transaction, is named, individually, as a principal to the transaction; or 2. With respect to real property, is named, individually, as a grantor, grantee, mortgagor, mortgagee,

trustor, trustee, beneficiary, vendor, vendee, lessor or lessee, to the transaction. “If there is a question of a direct financial or beneficial interest, it would be advisable for a

disinterested notary public to notarize the document” (NPH, “Guidelines for Notaries Public”). “In general, if a notary is named in a document, or is signing a document, he or she should not

notarize it” (website, “Responsibilities and Duties”). “You can never notarize your own signature, whether you are signing for yourself or for a

corporation” (NPH, “Frequently Asked Questions”).

No Disqualifying Interest: “For purposes of this act, a notary public has no direct financial or beneficial interest in a transaction when the notary public 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 53-109[c]).

Family Members: “A notary public may not notarize his or her own signature, but may notarize the signatures of his or her spouse, children, parents or other relatives. However, the power is limited by the provisions of KSA 53-109” (NPH, “Frequently Asked Questions”).

Witnessing and Notarizing Will “A notary may not serve as both a witness and a notary public on a will. KSA 59-606 requires the

notary public to notarize the signature of the testator and the witnesses. Because a notary cannot witness and notarize his or her own signature, a notary may not serve as both a witness and the notary on a will executed in Kansas” (NPH, “Helpful Hints for Notaries Public”). Notarizing outside Kansas

“A notary public only has jurisdiction to perform notarial acts while the notary public is in the state of Kansas” (NPH, “Frequently Asked Questions”). 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. NOTARY FEES

Notary fees are not specified by law. “There is no statutory fee schedule in Kansas that a notary public must follow, nor is there a prohibition against a notary public charging a fee. Therefore, a notary public may charge a reasonable fee for the performance of a notarial act” (NPH, “Frequently Asked Questions”). “(T)he fee must be reasonable for the service provided” (NPH, “Helpful Hints for Notaries Public”). NOTARY CERTIFICATES

Kansas has adopted the Uniform Law on Notarial Acts, including the short-form certificates (KSA 53-509) for:

1. Acknowledgment by individual; 2. Acknowledgment by representative; 3. Verification upon oath or affirmation; 4. Witnessing or attesting signature; 5. Attesting copy of document.

For the text of these certificates, see “Uniform Law on Notarial Acts (1982)”, Section 8, in Appendix

2. Certificate Requirements

“(a) A notarial act must be evidenced by a certificate signed and dated by a notarial officer. The certificate must include identification of the jurisdiction in which the notarial act is performed and the title of the office of the notarial officer and may include the official stamp or seal of office, but omission of that information may subsequently be corrected. If the officer is a commissioned officer on active duty in the military service of the United States, it must also include the officer’s rank.

“(b) A certificate of a notarial act is sufficient if it meets the requirement of subsection (a) and it: “(1) Is in the short form set forth in (KSA 53-509); “(2) Is in a form otherwise prescribed by the law of this state; “(3) Is in a form prescribed by the laws or regulations applicable in the place in which the notarial act

was performed; or

“(4) Sets forth the actions of the notarial officer and those are sufficient to meet the requirements of the designated notarial act” (KSA 53-508).

‘Notarial Block’ Elements: According to the “Kansas Notary Public Handbook,” a so-called “notarial block” — also known as the notarial certificate — must contain the following components:

1. Venue (“State of Kansas, County of ______”); 2. Declarative wording that provides the signer’s name, describes the type of notarial act, and states

the date of notarization; 3. Notary’s signature; 4. Notary’s stamp/seal; 5. Commission expiration date.

Unsworn Declarations (KSA 53-601)

If Executed Outside Kansas:

I declare (or verify, certify or state) under penalty of perjury under the laws of the state of Kansas that the foregoing is true and correct. Executed on (date).

_________ (Signature) If Executed Inside Kansas:

I declare (or verify, certify or state) under penalty of perjury that the foregoing is true and correct.

Executed on (date).

_________ (Signature) Correcting Certificates

“The notary can cross through any incorrect information and write in the correction. The notary should place his or her initials by the correction. White-out should not be used, as the receiving party may reject the notarized document if it contains white-out. White-out raises questions as to what information was deleted, whereas simply crossing through the incorrect information allows the receiving party to see what information has been altered” (NPH, “Frequently Asked Questions”). ELECTRONIC NOTARIZATIONS 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:

“(a) 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.”

“(b) The secretary of state is hereby authorized to promulgate rules and regulations establishing procedures for an electronic notarization” (KSA 16-1611). Uniform Real Property Electronic Recording Act

Kansas adopted the Uniform Real Property Electronic Recording Act (URPERA) in 2006 (KSA 58-4401 through 58-4407), but without its standard provision removing any requirement that a physical image of a Notary seal be affixed to an electronic document. This provision was omitted at the request of the Secretary of State out of concern that it could conflict with a provision in the state’s Uniform Electronic Transactions Act directing the Secretary to promulgate rules for electronic notarization. Electronic Notarization Regulations

Effective December 30, 2005, the Kansas Secretary of State has set regulations for electronic notarization in the state, by authority of KSA 16-1611(b). These eNotarization rules are contained in the Kansas Administrative Regulations (KAR), Agency 7 (“Secretary of State”), Article 43 (“Electronic Notarization”). “Currently, we are in the pilot stage of issuing e-notary commissions…As e-notarizations become more widely accepted in our state the need for commissioned e-notaries will increase. Continue to check our Web site for more information about how to become an e-notary and updates on this process. If you have any questions about e-notarizations please contact our notary clerk” (website, “E-Notary”).

Definitions: “‘Digital signature’ has the meaning specified in K.S.A. 16-1602, and amendments thereto” (KAR 7-43-1[a]).

“‘Electronic notary seal’ means the information within a notarized electronic document that includes the notary’s name, jurisdiction of appointment, and expiration date of the appointment” (KAR 7-43-1[f]).

“‘Electronic notary public,’ ‘electronic notary,’ and ‘e-notary’ mean a notary public who has registered with the secretary of state and who provides electronic notarial acts using a digital certificate authorized by the secretary of state” (KAR 7-43-1[b]).

“‘Electronic signature’ means an electronic sound, symbol or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record” (KSA 16-1602[i]).

“‘Notarial certificate’ means the portion of a notarized document that is completed by the notary, bears the notary’s signature and seal, and states the facts attested by the notary in a particular notarization” (KAR 7-43-1[i]).

Registration Requirements: “Each individual who wants to become an electronic notary shall meet the following requirements:

“a. Complete a course of instruction approved by the secretary of state; “b. pass an examination approved by the secretary of state on the course of instruction specified in

subsection (a); “c. obtain a digital certificate authorized by the secretary of state; “d. register with the secretary of state on a form prescribed by the secretary of state, which shall

include providing proof of compliance with subsections (a), (b), and (c); and “e. pay an information and services fee of $20” (KAR 7-43-2).

Digital Signature Required: “a. Each electronic notary shall use a digital signature when performing

any electronic notarization. Before performing any electronic notarization, each electronic notary shall take reasonable steps to ensure that the digital certificate used to create the digital signature is valid and has not expired, been revoked, or been terminated by its registered certification authority.

Obtaining Digital Signature: “Kansas administrative regulations…require a notary public to obtain a Kansas digital signature issued through the Kansas Secretary of State for purposes of electronic notarization (KAR 7-43-1 et seq.)” (NPH, “Electronic Notarizations”).

“‘Digital signature’ means a type of electronic signature consisting of a transformation of an electronic message using an asymmetric crypto system such that a person having the initial message and the signer’s public key can accurately determine whether: (1) the transformation was created using the private key that corresponds to the signer’s public key; and (2) the initial message has not been altered since the transformation was made” (KSA 16-1602[e]).

Personal Appearance: “Notwithstanding any security measures used in performing any electronic notarization, an electronic notary public shall not perform any electronic notarial act if the principal does not appear in person before the electronic notary at the time of notarization” (KAR 7-43-4).

Remote “notarizations” by webcam are not allowed (NPH, “Test Your Notary Knowledge”).

Electronic Notarial Certificate: “b. When performing any electronic notarization, each electronic notary shall complete a notarial certificate, which shall be attached to, or logically associated with, the electronic document” (KAR 7-43-3).

Notary Statutes Apply: “Except as otherwise provided in these regulations, the provisions of KSA 53-101 et seq., and amendments thereto, governing notaries public and KSA 16-1601 et seq., and amendments thereto, governing electronic transactions shall apply to each electronic notary public” (KAR 7-43-6).

“The general rules of notarization apply to all electronic notarizations: personal appearance by the signer, verification of the signer’s identity, requirement of the notarial block, etc. The only difference is the method of signature” (NPH, “Electronic Notarizations”).

Authentication: If authentication of an electronically notarized document is required by another state or nation, an electronic authenticating certificate will be attached or logically associated by the Kansas Secretary of State in conformance with pertinent current treaties and conventions” (KAR 7-43-5). NOTARY RECORDS

“There is no statutory requirement in Kansas that a notary public keep a log book or a journal. However, it is recommended that a notary public keep one for his or her own records and protection from liability” (NPH, “Frequently Asked Questions”). “(K)eeping a journal ensures that the notary has an accurate record of all transactions that could protect the notary if any action is ever questioned” (website, “Responsibilities and Duties”). Recommended Entries

“The notary public should record the name of the person signing, the date of the signature and the type of document notarized. The notary should have the signing party sign the notebook so that the notary has an example of his or her signature” (NPH, “Helpful Hints for Notaries Public”). Employer Prohibitions

“Can my employer keep my journal or notary stamp after I leave my job? — No. A notary commission is personal to the notary public. The stamp and journal belong to the notary public and must be safeguarded by the notary in order to prevent forgeries and other misuse. Even if an employer pays for

the notary commission, the employer cannot convert the stamp and journal” (NPH, “Frequently Asked Questions”). 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).

Fees: $7.50 per document for a regular authenticating certificate or an apostille. “(E)ach notarization requires a separate certification” (website, “Certifications”).

Address: Office of Secretary of State Notary Clerk Memorial Hall, 1st Floor 120 S.W. 10th Ave. Topeka, KS 66612-1594

Telephone: 1-785-296-2239

Procedure: Mail or present in person the original notarized document(s), along with the appropriate

fee. Mailed requests must include an addressed, stamped return envelope and a cover letter indicating the number of authentications needed, the nation to which the document(s) will be sent, and how many certifications or apostilles are required. “We will return documents through an expedited mail company as long as the fees are prepaid” (website, “Certifications”). Notarial errors may prevent authentication of the document(s), according to the website.

Notarial Errors May Be Disqualifying: “Documents presented for certification must have an original, completed notarization block by a Kansas notary public. Any errors on the notarization could disqualify the document for certification and therefore delay the documents” (website, “Certifications”). COMMISSIONING AND ADMINISTRATION

The Kansas Secretary of State appoints and maintains records on the state’s Notaries (KSA 53-101). “All notary public applications and appointments are open records and subject to public inspection pursuant to the Kansas Open Records Act” (NPH, “Frequently Asked Questions”). Applying for Commission

Qualifications: An applicant for a Kansas Notary Public commission must (KSA 53-101): (a) be at least 18 years of age and (b) be a resident of Kansas or of a bordering state who is regularly

employed in or carries on a business or profession in Kansas. Persons who have been convicted of a felony or have had a professional license revoked do not qualify for a Notary commission (website, “Become a Notary”).

Course or Test: No course of instruction or test is required to become a Notary Public in Kansas — although a course must be taken in order to register as an electronic notary (KAR 7-43-2[a]). A “pop-

quiz” with answers provided is included in the “Kansas Notary Public Handbook” (“Test Your Notary Knowledge”) as a self-examination on notarial procedures.

Application: A Notary seal must be obtained before submitting the application and an impression of this seal must be affixed on the form (KSA 53-102); if the applicant opts to use more than one seal, an impression of each must be affixed. A section of the application must be completed by the surety for the $7,500 Notary bond (KSA 53-102); 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. The application must be sworn to before another Notary (who must sign and affix his/her seal to the application), then submitted to the Secretary of State with a $25 fee. “The expiration date is determined by the date that the Secretary of State’s office files the application, not the date on the bond or the date the application is submitted to our office” (website, “Become a Notary”).

“Once the Secretary of State’s office has received and accepted the application a certificate, wallet card and handbook will be mailed to the home address on the application. Until receipt of the certificate and wallet card, the applicant cannot notarize any documents” (website, “Become a Notary” and KSA 53-105).

The renewal process is the same as for initial application (KSA 53-117). “Application should be made sufficiently prior to expiration to ensure uninterrupted authority, generally one month prior to the expiration of the current commission” (NPH, “Frequently Asked Questions”). “There is no carryover or grace period for a notary public once his or her appointment has expired. A person whose notary public appointment has expired may not perform any notarial acts until he or she has received a new certificate of appointment” (NPH, “Frequently Asked Questions”).

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 53-101). Changes of Status

“If at any time while commissioned the name, address, phone number or stamp of a notary changes, he or she must file a ‘Change of Status’ form with the Secretary of State’s office” (website, “Become a Notary”). This form may be downloaded from the website.

Name Change: Notaries who legally change their names must get 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 (on a “Notary Public Change of Status” form provided by the Secretary) that includes an impression of the new seal (KSA 53-114). A Notary who gets a new seal for any reason must likewise report the change to the Secretary of State and include an impression within 30 days. A name change also requires obtaining a rider for the Notary bond.

Address Change: Any change of address by the Notary must be reported to the Secretary of State on a “Notary Public Change of Status” form (NPH, “Frequently Asked Question”).

Resignation: “If a notary public no longer desires to be a notary public in this state, the notary shall send immediately by mail or deliver to the secretary of state a letter informing the secretary of state of the notary’s desire to resign as a notary public in the state of Kansas. The appointment of the notary shall thereupon cease to be in effect” (KSA 53-116).

COUNTY CLERKS

In Kansas, Notaries do not file oaths, bonds and seal/signature samples at the county level, and, thus, county officials do not issue authenticating certificates for, nor keep records on, Notaries. OTHER NOTARIAL OFFICERS

Besides Notaries, the following officers can notarize in Kansas (KSA 53-504): 1. A judge, clerk or deputy clerk of any court in the state; 2. A county clerk or deputy county clerk; 3. An election commissioner or assistant election commissioner.

Registers of Deeds

County registers of deeds are authorized to take acknowledgment of instruments conveying or affecting real estate within Kansas (KSA 58-2211). QUICK FACTS Notary Jurisdiction

Statewide (KSA 53-101). “(A Notary’s) authority extends no further than the geographic boundaries of Kansas. You cannot perform one part of a notarial act outside the state and the other part inside the state. Both parts must be executed at the same time and the same place inside Kansas” (NPH, “Frequently Asked Questions”). Notary Term Length

Four years (KSA 53-101), expiring at midnight on the commission expiration date. Notary Bond

$7,500, with an insurance company licensed in Kansas (KSA 53-102). A surety may cancel a Notary’s bond after giving 14 days’ written notice to the Secretary of State (KSA 53-115). “(I)f the employer provided the notary’s bond, the employer can cancel the bond” (NPH, “Frequently Asked Questions”).

Statute of Limitations: “No suit shall be instituted against any such notary or his or her securities more than three years after the cause of action accrues” (KSA 53-113).

© 2017 National Notary Association