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KANSAS

NOTARY PUBLIC

HANDBOOK

P   O  S  S S S

Prepared by the

Oce of Secretary of State

Scott Schwab

First Floor, Memorial Hall

120 SW 10th Ave.

Topeka, KS 66612-1594

(785) 296-2239

www.sos.ks.gov

notary@sos.ks.gov

In compliance with the Americans with Disabilities Act, this document is available

in alternate formats by contacting the Kansas Secretary of State, 120 SW 10th Ave.,

Topeka, KS 66612-1594, (785) 296-4564, kssos@sos.ks.gov.

I. Purpose of Notaries Public 4

II. History of Notaries Public 5

III. Duties of Notaries Public 6

IV. Guidelines for Notaries Public 8

V. Penalties for Improper Notarizations 13

VI. Electronic Notarizations 14

VII. Helpful Hints for Notaries Public 15

VIII. Kansas Statutes and Regulations 18

IX. Frequently Asked Questions 36

X. Test your Notary Knowledge 44

XI. Glossary of Terms 47

XII. Contact Information 50

Change of Status Form 51

Table of Contents

Title Page

Kansas Notary Handbook

This is an interactive PDF. Click on any chapter title in this table of

contents to go to that chapter. Click the running header on any page to

return to the table of contents. (Please note that the page numbers of this

digital edition differ from the print edition.)

Kansas Notary Handbook

I. Purpose of Notaries Public

As a notary public, you hold an important position in the state of

Kansas. It is essential that you understand the notarial duties and

responsibilities given in Kansas law. e purpose of this handbook

is to help you understand notary laws so that you can perform your

duties correctly.

e purpose of a notary public is to prevent fraud and forgery. e

notary acts as an ocial, unbiased witness to the identity of the per-

son who signs the document. A Kansas notary public has six major

duties:

1. Take acknowledgments,

2. Administer oaths and armations,

3. Take a verication upon oath or armation,

4. Witness or attest a signature,

5. Certify or attest a copy, and

6. Note a protest of a negotiable instrument.

(K.S.A. 53-107)

Kansas Notary Handbook

II. History of Notaries Public

e oce of notary public had its birth in ancient Roman times

when most citizens did not read and write. e notary public was a

public servant, who would act as scrivener and legal advisor to indi-

viduals drawing up contracts, deeds and other documents. Because

most people could not write and therefore could not sign their name,

seals were used to sign and seal the document, evidencing the formal

execution and acceptance of the document. Documents executed

with the aid of the notary public were highly regarded as legitimate

and authentic.

For hundreds of years, the notary public was a public ocer ap-

pointed or elected by high ocials. In the United States, notaries

were originally appointed by the President. Eventually this control

was passed to the states, which oen delegate the appointment pro-

cess to the secretary of state. e duties of the notary public have

changed over the years, evolving from legal advisor to ministerial

ocer; however, the tradition of the notary seal has continued into

present day practice.

Kansas Notary Handbook

Kansas notaries public are commissioned by the secretary of state. A

commissioned notary may notarize anywhere within the state, but

the powers do not extend beyond the borders of the state.

Under Kansas law, a notary public can take acknowledgments, ad-

minister oaths and armations, take verications, witness or attest

a signature, certify a copy, and note a protest of negotiable instru-

ments.

(A) Acknowledgments: Person appears before the notary and ac-

knowledges or declares to the notary that he or she signed the

document.

(B) Witnessing: Person signs in the presence of the notary public.

e notary public must witness the signature.

an oath before he or she signs the document. e signing party

signs in the presence of the notary following the oath (see proce-

dure below for administering oaths).

(D) Administering an Oath/Armation: e person raises the

right hand or places the right hand on the Bible. e notary ad-

ministers the oath, which must begin with the words “You do sol-

emnly swear” and end with the words “So help you God.” ose

opposed to oaths may perform an armation, which begins with

the words “You do solemnly, sincerely, and truly declare and af-

rm” and ends with the words “And this you do under the pains

and penalties of perjury.”

(E) Certifying Copies: e notary certies that the document is a

true and correct copy of the original document. e notary pub-

III. Duties of Notaries Public

Kansas Notary Handbook

lic 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. is procedure should not be used for publicly recorded

documents as the notary public cannot obtain the original. Origi-

nal documents on le with an oce/entity must be certied by

that entity (i.e., court documents are certied by the court clerk

who retains the originals; corporation documents led with the

Secretary of State’s oce are certied by the secretary of state;

birth/death certicates are certied by the Kansas Department of

Health and Environment, Oce of Vital Statistics, which main-

tains the original records, etc.).

(F) Noting a Protest: A protest is a certicate of dishonor made

by a notary public or other person authorized by the law where

dishonor occurs. e 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. e protest

also may certify that notice of dishonor has been given to some

or all parties.

Kansas Notary Handbook

Personal Appearance Required

All notary acts require that the person signing the document appear

before the notary public. Never notarize a document outside the pres-

ence 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.

Failure to require a personal appearance by the signing party is the

leading cause of notary civil and criminal liability and loss of the

notary commission (K.S.A. 53-503).

Notary Seal; Signature; Date of Expiration

Each notary public must have a notarial seal, which shall contain the

notary’s name exactly as it appears on the notary application. e seal

must include the words “Notary Public” and “State of Kansas.” is

seal must be used whenever a notary performs an ocial act. When

notarizing a document, the notary public must add to the document

the date of expiration of his or her appointment. e notary public’s

seal must be either a seal press or a rubber stamp. If a seal press is

used, the impression from the seal must be inked or blackened. If a

rubber stamp is used, the stamp must have permanent ink. Both the

seal press and the rubber stamp must be capable of legible reproduc-

tion aer copying. No seal can be used until an impression of it has

been led with the Secretary of State’s oce (K.S.A. 53-105).

Failure to Attach Date of Expiration

If the notary public willfully neglects or refuses to attach his or her

date of expiration of appointment when notarizing a document,

the notary public shall be deemed guilty of a Class C misdemeanor

(K.S.A. 53-106). Failure to attach the date of expiration also may be

grounds for revocation of the notary’s appointment (K.S.A. 53-118).

IV. Guidelines for Notaries Public

Kansas Notary Handbook

Verication of Identity

When notarizing a document, the notary public must exercise rea-

sonable care in determining the identity of the person whose signa-

ture is being notarized. is is important because the public relies on

the notarization as proof of the authenticity of the person’s signature

on the document (K.S.A. 53-107).

Determining the Type of Notarization

e type of notarization should be evident from the notary block on

the document. If the notary block is not already on the document,

the signing party or the party draing/providing the document

should instruct the notary public what notarial block is required (ac-

knowledgment, witnessing or verication). e type of notarization

is generally prescribed in the law that governs the document. e

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.

Generally, if a preprinted form does not contain a notary block, the

document is not required to be notarized.

Contents of a Notarial Block or Certicate

In order for a notarial block to be complete there must be specic

information present every time. e required individual pieces of

information are:

1. Venue (State of Kansas, County of ________).

2. Declarative wording giving the signing party’s name, describing

the type of notarization and stating the date of the notarization.

3. Notary’s signature.

4. Notary’s stamp or seal.

5. Notary’s date of expiration.

(is block of information is referred to as the “notarial block or

notarial certicate.”)

Kansas Notary Handbook

Kansas statutes contain forms that meet all legal requirements for a

notarization (K.S.A. 53-509).

Financial or Benecial Interest

A notary public cannot perform any notarial act if the notary has

a direct nancial or benecial interest in the transaction. A notary

public has a direct nancial interest if the notary is named individu-

ally as a principal to the nancial transaction. If the transaction in-

volves real property, the notary has direct nancial or benecial in-

terest if named individually as a party to the transaction (i.e., grantor,

grantee, mortgagor, mortgagee, etc.). A notary public does not have

any nancial or benecial 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 nancial or ben-

ecial interest (K.S.A. 53-109).

Change of Status

Any changes to a notary public’s name, seal, address or phone num-

ber must be led with the Secretary of State’s oce within 30 days

of the change. If the change is a legal name change that results in a

change of seal or if the notary obtains a new seal for any reason, the

seal must be on le with the Secretary of State’s oce prior to be-

ing used. e notication forms will be supplied by the Secretary

of State’s oce upon request. A copy is attached in the back of this

handbook (K.S.A. 53-114).

Resignation of Notary Public Appointment

If a notary public no longer wants to be a notary public in Kansas,

he or she shall send a letter of resignation to the Secretary of State’s

oce (K.S.A. 53-116).

Reappointment

A notary public’s appointment is not automatically renewed. A no-

tary public must reapply for a notary commission every four years. A

new application may be submitted two months before the expiration

Kansas Notary Handbook

date. It is important to renew early so that the commission does not

expire because a notary public cannot perform notarial duties aer

the commission has expired. e notary may want to reapply early to

keep the same expiration date.

Refusal or Revocation of Appointment

e secretary of state may refuse to appoint any person as a notary

public or may revoke the appointment of any notary public upon the

following grounds: (1) A material misstatement or omission in the

application; (2) a conviction of a felony or a lesser oense involv-

ing moral turpitude or of a nature that would be incompatible with

the duties of a notary public (a plea of nolo contendere is deemed

a conviction); (3) the revocation, suspension or denial of a profes-

sional license if such action could substantially relate to the duties

of a notary public; (4) the applicant or notary is or becomes inca-

pable of reading or writing the English language; (5) a notary fails

to exercise the powers and duties of a notary public in accordance

with the statutes; or (6) a violation of the requirements concerning

advertising in a foreign language. Any person whose notary public

appointment has been revoked due to reasons one through ve may

not apply for another appointment until four years from the date of

revocation, and any person whose appointment is revoked due to

reason six may not apply or receive an appointment for such person’s

lifetime (K.S.A. 53-118).

Oaths or Armations

All oaths must be administered with the person’s right hand either

uplied or upon the Bible (K.S.A. 54-102). An oath must begin with

“You do solemnly swear” and conclude with “So help you God.” A

person having religious or conscientious objections to oaths may af-

rm. An armation must begin with “You do solemnly, sincerely

and truly declare and arm” and conclude with “And this you do

under the pains and penalties of perjury” (K.S.A. 54-103, 54-104).

Kansas Notary Handbook

Advertising in a Foreign Language

A notary public (1) who is not licensed to practice law in the state

of Kansas and (2) who advertises the notarization of documents in a

foreign language shall include the disclaimer: “I am not authorized

to practice law and have no authority to give advice on immigration

law or other legal matters.” A notary public who is not licensed to

practice law within the state of Kansas shall not use the term “notar-

io publico” or any similar language unless it is accompanied by the

disclaimer. Failing to comply with this law could result in a perma-

nent loss of notary commission; a violation of the Consumer Protec-

tion Act, K.S.A. 50-626; a ne of $5,000 for each infraction; a Class B

misdemeanor with a possible ne of up to $1,000; and a sentence of

up to six months in jail (K.S.A. 53-121).

Kansas Notary Handbook

If a notary improperly notarizes a document the following actions

can be taken against the notary:

1. A claim may be led on the notary’s bond.

2. e notary may be sued individually based on negligent or will-

ful misconduct.

3. e notary may be prosecuted on a Class C misdemeanor for

failing to attach the date of expiration.

4. e notary may be prosecuted for other crimes, such as false

writing.

5. e notary may have his or her commission revoked by the sec-

retary of state.

ere is a statute of limitations that limits the ling of a lawsuit

on notarial acts to three years aer the cause of the action accrues

(K.S.A. 53-113).

V. Penalties for Improper Notarizations

Kansas Notary Handbook

e Uniform Electronic Transaction Act (UETA) authorizes the use

of electronic signatures. However, any electronic notarization must

still comply with Kansas notary laws and regulations (K.S.A. 16-

1611 (b)).

Notaries oering electronic notarizations must register with the sec-

retary of state, attend a course of instruction approved by the secre-

tary of state and pass an examination.

Kansas administrative regulations also require a notary public to

obtain a Kansas digital signature issued through the Kansas Secre-

tary of State for purposes of electronic notarization (K.A.R. 7-43-1

et seq.). is digital signature oers a high level of security and reli-

ability to a notarized document.

e general rules of notarization apply to all electronic notariza-

tions: personal appearance by the signer, verication of the signer’s

identity, requirement of the notarial block, etc. e only dierence is

the method of signature.

VI. Electronic Notarizations

Kansas Notary Handbook

Signing in Representative Capacity: If the person signs in a rep-

resentative capacity (i.e., John Smith, as President of ABC Corpora-

tion), the notary public is not required to check the person’s author-

ity, 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 xed means of identifying the

person; titles come and go. e notary should ensure that the no-

tarial block indicates that the person is signing in a representative

capacity for the principal (K.S.A. 53-509(b), page 39).

Signing as Attorney-in-Fact, i.e., Power of Attorney (POA): An

agent authorized by power of attorney to sign for a principal is not

required to show the POA at the time of notarization. e notary

does not check the person’s authority to sign, but merely checks the

identity of the agent signing. e document should be signed with

the principal’s name and the agent’s name, with disclosure of the re-

lationship (“by POA” or “as Attorney-in-Fact”). e notary should

ensure that the notarial block indicates that the person is signing in a

representative capacity for the principal (K.S.A. 53-509 (b), page 39).

Signing Under Penalty of Perjury Instead of Under Oath: K.S.A.

53-601 allows a signature under penalty of perjury instead of a no-

tarized, sworn statement. Whenever an adavit or verication is re-

quired, the person can add a statement certifying that he or she is

signing under penalty of perjury instead of requiring him or her to

sign under oath before a notary public. e statute contains some ex-

ceptions, so notaries should consult the law before using this alterna-

tive. e statute requires the following statement prior to signature:

(1) If executed outside this state: “I declare under penalty of perjury

under the laws of the state of Kansas that the foregoing is true and

correct.” (2) If executed in this state: “I declare under penalty of per-

jury that the foregoing is true and correct.”

VII. Helpful Hints for Notaries Public

Kansas Notary Handbook

Recognition of Out-of-State Notarizations: e full faith and cred-

it clause of the U.S. Constitution requires a state to recognize docu-

ments validly executed and notarized under another state’s law. If

the document satises the requirements of its home state it must be

recognized and received by another state. K.S.A. 58-2228 says that

all deeds, mortgages, POAs and other instruments for conveyance or

encumbrances of lands that are executed and acknowledged in any

other state in conformity with the laws of that state shall be valid in

our state.

Recognition of Documents in Foreign Countries: e Kansas Sec-

retary of State can authenticate documents bound for foreign coun-

tries. e Kansas Secretary of State either issues an “apostille” or an

“authentication” depending on whether the country has adopted

e Hague Convention treaty. e document must be notarized by

a Kansas notary public in order for the secretary of state to issue an

apostille or authentication.

Notary Journals: Although not required by law, maintaining a jour-

nal of all notarizations performed by the notary public protects the

notary public. e notary public should record the name of the per-

son signing, the date of the signature and the type of document nota-

rized. e notary should have the signing party sign the notebook so

that the notary has an example of his or her signature. Such journals

are available from oce supply stores and notary supply catalogs.

Charging Fees for Notarial Acts: Kansas notaries public may col-

lect a fee for their services. ere is no statutory fee schedule that

a notary must follow; however, the fee must be reasonable for the

service provided.

Notarizing Wills: A notary may not serve as both a witness and a

notary public on a will. K.S.A. 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 nota-

Kansas Notary Handbook

ry may not serve as both a witness and the notary on a will executed

in Kansas.

Notary Public’s Commission is Personal Property: A notary com-

mission belongs to the notary public, regardless of who paid the fees

associated with the commission. e stamp and journal are personal

property of the notary public. Upon leaving an employer, the notary

public should take the notary seal and notary journal for his or her

own protection.

Public Ocials Serving as Notaries Public: Certain public o-

cials may perform notarizations without receiving an ocial notary

commission from the secretary of state. Kansas judges, court clerks

and deputies, county clerks and deputies, and election commission-

ers and deputies can notarize documents in the state. Notarizations

from other states’ judges and court clerks and deputies must be given

recognition in Kansas as if the notarization occurred here. Notariza-

tions by federal judges, federal court clerks and clerk deputies, mili-

tary ocers, and foreign service and consular ocers must be given

recognition in our state as well. In addition, registers of deeds can

acknowledge instruments conveying or aecting real estate within

Kansas (K.S.A. 58-2211).

Kansas Notary Handbook

VIII. Kansas Statutes and Regulations

Statutes

Statute # Subject Issues

16-1611 Electronic notarization Allows electronic notarization,

authorizes secretary of state to

promulgate rules and regulations

53-101 Notaries public Appointment; term; qualications

53-102 Appointment requirements Application; oath; bond; lings

53-103 Forms Applications; bonds; oath

53-104 Filing and Fees Application; bond; oath; appoint-

ment fee

53-105 Seal Date of expiration of appointment

53-105a Certicate of appointment Proof of appointment

53-106 Penalty Failure to attach appointment

expiration date

53-107 Powers and duties Authorities of notaries public

53-109 Prohibited acts Acts prohibited due to nancial or

benecial interest

53-113 Statute of limitations Limitations of actions against

notaries

53-114 Change of name or seal Seal and notication requirements

53-115 Cancellation of bond Notice requirements

53-116 Resignation from appointment Resignation requirements

53-117 Reappointment Reappointment requirements

53-118 Appointment refusal/revocation Grounds for refusal or revocation

of an appointment

53-119 Recovery on bond Rights of parties injured

by notaries

53-120 Notice of claim Required notication of claim to

secretary of state

53-121 Advertising in a foreign language Disclaimer requirement, penalties

for violations

53-401 Accession to Hague Convention Stipulations set by Hague Conven-

tion

Kansas Notary Handbook

53-501 Citation of act Cited as uniform law on notarial

acts

53-502 Denitions Denitions as used by this act

(“Notarial act,” “Acknowledg-

ment,” “Verication upon oath or

armation,” “In a representative

capacity”)

53-503 Notarial acts Requirements of duties performed

53-504 Notarial acts in this state Who can perform notarial acts

53-505 Notarial acts elsewhere Legitimacy of notarial acts in other

jurisdictions of the United States

53-506 Federal notarial acts Legitimacy of notarial acts per-

formed by ocers elsewhere in the

United States

54-105 Foreign notarial acts Legitimacy of foreign notarial acts

53-507 Certication of notarial acts Guidelines for certication

53-508 Short forms Form certicates of notarial acts

53-509 Acts aected Application to notarial acts on or

aer eective date of law

53-510 Uniform Application Uniform with other states enacting

these laws

53-511 Unsworn declarations Penalty of perjury

53-601 Authorized ocers Persons authorized to administer

oaths

54-101 Administering oaths How to administer an oath

54-102 Conscientious scruples Alternatives to an oath for those

having conscientious scruples

54-103 Oath commencement/conclusion Forming of an oath’s beginning

and end

54-104 Falsifying oaths or armations Penalties; false oaths or armations

54-106 Oaths for ocers Form of an oath for an ocer

54-108 State treasurer Authorization to administer oaths

pertaining to matters of the oce

54-109 Secretary of state Authorization to administer oaths

pertaining to matters of the oce

54-110 City clerks Authorization to administer oaths

pertaining to matters of the oce

Kansas Notary Handbook

16-1611. Notarization and acknowledgment; electronic notarization, rules and

regulations.

(a) If a law requires a signature or record to be notarized, acknowledged, veried

or made under oath, the requirement is satised if the electronic signature of

the person authorized to perform those acts, together with all other informa-

tion required to be included by other applicable law, is attached to or logically

associated with the signature or record.

(b) e secretary of state is hereby authorized to promulgate rules and regula-

tions establishing procedures for an electronic notarization.

53-101. Appointment; term; qualications; not state ocer. e secretary of

state shall appoint notaries public, who may perform notarial acts in any part of

this state for a term of not more than four years, unless sooner removed. Any per-

son who is a citizen of the United States, who is at least 18 years of age and who is a

resident of this state, or who is a resident of a state bordering on this state and who

regularly carries on a business or profession in this state or is regularly employed

in this state, shall be eligible to be appointed as a notary public as provided in this

act. Notaries public shall not be considered as state ocers.

53-102. Application; oath; bond; lings required. Every person, before entering

upon the duties of a notary public, shall le with the secretary of state an applica-

tion for appointment as a notary public, which shall also include an oath of oce

and a good and sucient bond to the state of Kansas in the sum of $7,500, with

one or more sureties to be approved by the secretary of state. e bond shall be

conditioned upon the faithful performance of all notarial acts in accordance with

law. Every person, before receiving appointment as a notary public, shall also le

with the secretary of state the ocial signature and an impression of the seal to be

used by the notary public.

53-103. Forms for applications, bonds and oath. Forms for applications, bonds

and oath of oce shall be furnished by the secretary of state.

53-104. Filing and indexing application, bond, oath and record of appoint-

ment; fee. Such application, bond, oath and record of appointment shall be led in

the oce of the secretary of state and properly indexed in that oce. e secretary

of state shall receive a fee of $10 for such services. e secretary of state shall remit

all moneys received under this section to the state treasurer in accordance with the

provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such

remittance, the state treasurer shall deposit the entire amount in the state treasury

to the credit of the state general fund.

Kansas Notary Handbook

53-105. Seal; statement of date of expiration of appointment. Every notary pub-

lic shall provide a notarial seal containing such notary’s name exactly as it appears

on the application for appointment as a notary public, and the words “notary pub-

lic” and “state of Kansas” or words of like import indicating statewide notarial

authority, approved by the secretary of state. Such seal shall authenticate all ocial

acts, attestations and instruments therewith. Every notary public shall add to such

notary’s ocial signature the date of expiration of appointment as a notary public.

e 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 led in the

oce of secretary of state.

53-105a. Certicate of appointment. Upon receipt of a completed application

with sucient corporate bond, an oath of appointment, the correct fee, the of-

cial signature and an impression of the seal to be used by such notary public, the

secretary of state, if satised the applicant is qualied to be appointed as a notary

public, shall prepare a certicate of appointment for the applicant and forward

the appointment to the applicant’s residence. Each certicate of appointment shall

contain at least the applicant’s name and the date upon which the appointment

shall expire.

53-106. Penalty for failure to attach date of expiration of appointment. If any

notary public shall willfully neglect or refuse to attach to the notary’s ocial sig-

nature the date of expiration of appointment, as provided in K.S.A. 53-105, the

notary shall be deemed guilty of a class C misdemeanor.

53-107. Powers and duties. Notaries public shall have authority to: (1) Take ac-

knowledgments; (2) administer oaths and armations; (3) take a verication

upon oath or armation; (4) witness or attest a signature; (5) certify or attest a

copy; (6) note a protest of a negotiable instrument; and (7) perform any other act

permitted by law.

53-109. Prohibited notarial acts; nancial or benecial interest.

(a) A notary public who has a direct nancial or benecial interest in a transaction

shall not perform any notarial act in connection with such transaction.

(b) For purposes of this act, a notary public has a direct nancial or benecial

interest in a transaction if the notary public:

(1) With respect to a nancial transaction, is named, individually, as a prin-

cipal to the transaction;

Kansas Notary Handbook

(2) with respect to real property, is named, individually, as a grantor, grantee,

mortgagor, mortgagee, trustor, trustee, beneciary, vendor, vendee, les-

sor or lessee, to the transaction.

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 nancial or benecial interest in the transaction.

53-113. Limitation of actions against notary and sureties. No suit shall be in-

stituted against any such notary or his or her securities more than three years

aer the cause of action accrues.

53-114. Notary’s change of name or seal; notication; new seal required.

(a) If a notary public changes name by any legal action, such notary shall obtain

a new notary seal which meets the requirements established by K.S.A. 53-105,

and the seal shall contain the new name of the notary. Prior to performing any

acts as a notary public aer such change, the notary shall mail or deliver to the

secretary of state notice of the change of name which shall include a specimen

of the new seal and a specimen of the notary’s new ocial signature.

(b) If a notary public obtains a new seal for any reason, the notary shall mail or

deliver to the secretary of state notice of the change of seal which shall include

an impression of the new seal.

on forms provided by the secretary of state within thirty (30) days aer such

change has occurred.

53-115. Cancellation of notary public’s bond; notice requirements. No surety

on a notary public’s bond shall cancel such bond without giving written notice

thereof to the secretary of state. Fourteen (14) days aer receipt of such notice by

the secretary of state, said surety shall no longer be liable on such bond.

Whenever the secretary of state receives notice of a surety’s intention to

cancel a notary’s bond, said secretary of state shall notify the aected notary pub-

lic that unless such notary les another good and sucient surety bond with the

secretary of state on or before the cancellation date of such notary public’s surety

bond, then such notary will no longer be authorized to perform notarial acts with-

in this state.

53-116. 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 of resignation informing the secretary of state of the notary’s desire

to resign as a notary public in the state of Kansas. e appointment of the notary

shall thereupon cease to be in eect.

Kansas Notary Handbook

53-117. Reappointment. No person may be automatically reappointed as a notary

public. Every notary public who is an applicant for reappointment as a notary pub-

lic shall comply with the provisions of K.S.A. 53-102.

53-118. Appointment, refusal or revocation; grounds.

(a) e secretary of state may refuse to appoint any person as a notary public or

may revoke the appointment of any notary public upon any of the following

grounds:

(1) Substantial or material misstatement or omission in the application sub-

mitted to the secretary of state;

(2) conviction of a felony or of a lesser oense involving moral turpitude or

of a nature incompatible with the duties of a notary public. A conviction

aer a plea of nolo contendere is deemed to be a conviction within the

meaning of this subsection;

(3) revocation, suspension or denial of a professional license, if such revoca-

tion, suspension or denial was for misconduct, dishonesty or any cause

substantially relating to the duties or responsibilities of a notary public;

(4) cessation of United States citizenship;

(5) incapacitation to such a degree that the person is incapable of reading or

writing the English language;

(6) failure to exercise the powers and duties of a notary public in accordance

with this act; or

(7) violation of K.S.A. 2007 Supp. 53-121, and amendments thereto.

(b) Any person whose notary public appointment has been removed pursuant

to subsection (a)(1) through (a)(6) may not apply for an appointment until

the expiration of four years from the date of removal of such appointment.

Any person whose notary public appointment has been removed pursuant to

subsection (a)(7) may not apply or receive an appointment for such person’s

lifetime.

53-119. Recovery on bond of notary public. Any person injured by the failure

of a notary public to faithfully perform any notarial act for which a bond is given

under the laws of this state may sue on the bond in the person’s own name in

any court of competent jurisdiction to recover the damages the person may have

sustained by such failure.

53-120. Same; notice of claim. If a surety on a notary bond receives a claim

on the bond, the surety shall notify the secretary of state of the outcome of that

claim.

Kansas Notary Handbook

53-121. Notaries advertising in foreign language; requirements; penalties for

violations.

(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 in-

clude, in any advertisement, notice, letterhead or sign, a statement promi-

nently displayed, in the same language in which such notarial services are

oered, 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 re-

quirements of subsection (a).

(d) Violation of this section constitutes a deceptive act or practice pursuant to

K.S.A. 50-626, and amendments thereto, and shall be subject to the remedies

and penalties provided by the Kansas consumer protection act.

(e) is section shall be part of and supplemental to the acts contained in article

1 of chapter 53 of the Kansas Statutes Annotated, and amendments thereto.

53-401. Accession to Hague convention; procedure for certication of docu-

ment.

(a) e state of Kansas hereby declares its intent to accede to the Hague conven-

tion abolishing the requirement of legalization for foreign public documents.

(b) Upon presentation of a public document to which the convention applies,

the secretary of state, or an assistant or deputy assistant secretary of state ap-

pointed pursuant to K.S.A. 75-412, shall ax to the document the certicate

required by the convention. e secretary of state shall maintain a record of

all documents certied under this section and shall charge $5 for certication

of any such document.

53-501. Citation of act. K.S.A. 53-501 through 53-511 may be cited as the uni-

form law on notarial acts.

53-502. Denitions. As used in this act:

(a) “Notarial act” means any act that a notary public of this state is authorized

to perform, and includes taking an acknowledgment, administering an oath

or armation, taking a verication upon oath or armation, witnessing or

attesting a signature, certifying or attesting a copy and noting a protest of a

negotiable instrument.

(b) “Acknowledgment” means a declaration by a person that the person has ex-

ecuted an instrument for the purposes stated therein and, if the instrument is

executed in a representative capacity, that the person signed the instrument

Kansas Notary Handbook

with proper authority and executed it as the act of the person or entity repre-

sented and identied therein.

is true made by a person upon oath or armation.

(d) “In a representative capacity” means:

(1) For and on behalf of a corporation, partnership, trust, or other entity, as

an authorized ocer, agent, partner, trustee or other representative;

(2) as a public ocer, personal representative, guardian or other representa-

tive, in the capacity recited in the instrument;

(3) as an attorney in fact for a principal; or

(4) in any other capacity as an authorized representative of another.

(e) “Notarial ocer” means a notary public or other ocer authorized to per-

form notarial acts.

53-503. Notarial acts.

(a) In taking an acknowledgment, the notarial ocer must determine, either

from personal knowledge or from satisfactory evidence, that the person ap-

pearing before the ocer and making the acknowledgment is the person

whose true signature is on the instrument.

(b) In taking a verication upon oath or armation, the notarial ocer must

determine, either from personal knowledge or from satisfactory evidence,

that the person appearing before the ocer and making the verication is the

person whose true signature is on the statement veried.

either from personal knowledge or from satisfactory evidence, that the sig-

nature is that of the person appearing before the ocer and named in the

instrument.

(d) In certifying or attesting a copy of a document or other item, the notarial

ocer must determine that the proered copy is a full, true, and accurate

transcription or reproduction of that which was copied.

(e) In making or noting a protest of a negotiable instrument the notarial ocer

must determine the matters set forth in K.S.A. 84-3-509 and amendments

thereto.

(f) A notarial ocer 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 ocer, (2) identied upon the oath or armation of a credible wit-

ness personally known to the notarial ocer or (3) identied on the basis of

identication documents.

53-504. Notarial acts in this state; who may perform.

(a) A notarial act may be performed within this state by the following persons:

(1) A notary public of this state;

Kansas Notary Handbook

(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 specic act by the law of this

state.

(b) Notarial acts performed within this state under federal authority as provided

in K.S.A. 53-506, and amendments thereto, shall have the same eect as if

performed by a notarial ocer of this state.

evidence that the signature is genuine and that the person holds the desig-

nated title.

53-505. Notarial acts in other jurisdictions of the United States.

(a) A notarial act has the same eect under the law of this state as if performed by

a notarial ocer of this state, if performed in another state, commonwealth,

territory, district or possession of the United States by any of the following

persons:

(1) A notary public of that jurisdiction;

(2) a judge, clerk or deputy clerk of a court of that jurisdiction; or

(3) any other person authorized by the law of that jurisdiction to perform

notarial acts.

(b) Notarial acts performed in other jurisdictions of the United States under fed-

eral authority as provided in K.S.A. 53-506 have the same eect as if per-

formed by a notarial ocer of this state.

evidence that the signature is genuine and that the person holds the desig-

nated title.

(d) e signature and indicated title of an ocer listed in subsection (a)(1) or (a)

(2) conclusively establish the authority of a holder of that title to perform a

notarial act.

53-506. Notarial acts under federal authority.

(a) A notarial act has the same eect under the law of this state as if performed by

a notarial ocer of this state if performed anywhere by any of the following

persons under authority granted by the law of the United States:

(1) A judge, clerk or deputy clerk of a court;

(2) a commissioned ocer on active duty in the military service of the Unit-

ed States;

(3) an ocer of the foreign service or consular ocer of the United States; or

(4) any other person authorized by federal law to perform notarial acts.

Kansas Notary Handbook

(b) e 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 desig-

nated title.

(2) or (a)(3) conclusively establish the authority of a holder of that title to

perform a notarial act.

53-507. Foreign notarial acts.

(a) A notarial act has the same eect under the law of this state as if performed

by a notarial ocer of this state if performed within the jurisdiction of and

under authority of a foreign nation or its constituent units or a multi-national

or international organization by any of the following persons:

(1) A notary public or notary;

(2) a judge, clerk or deputy clerk of a court of record; or

(3) any other person authorized by the law of that jurisdiction to perform

notarial acts.

(b) An “Apostille” in the form prescribed by the Hague Convention of October

5, 1961, conclusively establishes that the signature of the notarial ocer is

genuine and that the ocer holds the indicated oce.

tioned in the nation under the jurisdiction of which the notarial act was per-

formed, or a certicate by a foreign service or consular ocer of that nation

stationed in the United States, conclusively establishes any matter relating to

the authenticity or validity of the notarial act set forth in the certicate.

(d) An ocial stamp or seal of the person performing the notarial act is prima

facie evidence that the signature is genuine and that the person holds the in-

dicated title.

(e) An ocial stamp or seal of an ocer listed in subsection (a)(1) or (a)(2) is

prima facie evidence that a person with the indicated title has authority to

perform notarial acts.

(f) If the title of oce and indication of authority to perform notarial acts ap-

pears either in a digest of foreign law or in a list customarily used as a source

for that information, the authority of an ocer with that title to perform no-

tarial acts is conclusively established.

53-508. Certicate of notarial acts.

(a) A notarial act must be evidenced by a certicate signed and dated by a no-

tarial ocer. e certicate must include identication of the jurisdiction in

which the notarial act is performed and the title of the oce of the notarial

ocer and may include the ocial stamp or seal of oce. If the ocer is a no-

tary public, the certicate must also indicate the date of expiration, if any, of

the commission of oce, but omission of that information may subsequently

Kansas Notary Handbook

be corrected. If the ocer is a commissioned ocer on active duty in the

military service of the United States, it must also include the ocer’s rank.

(b) A certicate of a notarial act is sucient if it meets the requirements of sub-

section (a) and it:

(1) Is in the short form set forth in K.S.A. 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 ocer and those are sucient to

meet the requirements of the designated notarial act.

ocer has made the determinations required by K.S.A. 53-503.

53-509. Short forms. e following short form certicates of notarial acts are suf-

cient for the purposes indicated, if completed with the information required by

subsection (a) of K.S.A. 53-508:

(a) For an acknowledgment in an individual capacity:

State of ___________________________

(County) of ________________________

is instrument was acknowledged before me on ___(date)__ by

____ [name(s) of person(s)]____.

_________________________________

(Signature of notarial ocer)

(Seal, if any)

_________________________________

Title (and Rank)

[My appointment expires: _______]

(b) For an acknowledgment in a representative capacity:

State of ___________________________

(County) of ________________________

is instrument was acknowledged before me on ___[date]___ by

___[name(s) of person(s)]___ as ___(type of authority, e.g., ocer, trustee,

etc.)___ of ___(name of party on behalf of whom instrument was executed)___.

Kansas Notary Handbook

_________________________________

(Signature of notarial ocer)

(Seal, if any)

_________________________________

Title (and Rank)

[My appointment expires: _______]

State of ___________________________

(County) of ________________________

Signed and sworn to (or armed) before me on ___[date]___ by

___[name(s) of person(s) making statement]___.

_________________________________

(Signature of notarial ocer)

(Seal, if any)

_________________________________

Title (and Rank)

[My appointment expires: ________]

(d) For witnessing or attesting a signature:

State of ___________________________

(County) of ________________________

Signed or attested before me on ___(date)___ by ___[name(s) of person(s)]___.

_________________________________

(Signature of notarial ocer)

(Seal, if any)

_________________________________

Title (and Rank)

[My appointment expires: _______]

Kansas Notary Handbook

(e) For attestation of a copy of a document:

State of ___________________________

(County) of ________________________

I certify that this is a true and correct copy of a document in the possession of

___[name(s) of person(s)]___.

Dated: ___________________

_________________________________

(Signature of notarial ocer)

(Seal, if any)

_________________________________

Title (and Rank)

[My appointment expires: ________]

53-510. Notarial acts aected by this act. is act applies to notarial acts per-

formed on or aer its eective date.

53-511. Uniformity of application and construction. is act shall be applied

and construed to eectuate its general purpose to make uniform the law with re-

spect to the subject of this act among states enacting it.

53-601. Unsworn declarations; written declaration sucient, form; excep-

tions; relationship to notarial acts.

(a) Except as provided by subsection (b), whenever 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, verication, certicate, statement, oath or adavit

of a person, such matter may be supported, evidenced, established or proved

with the same force and eect by the unsworn written declaration, verica-

tion, certicate or statement dated and subscribed by the person as true, un-

der penalty of perjury, in substantially the following form:

(1) If executed outside this state: “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)”

Kansas Notary Handbook

(2) If executed in this state: “I declare (or verify, certify or state) under pen-

alty of perjury that the foregoing is true and correct. Executed on (date).

___________________________

(Signature)”

(b) e provisions of subsection (a) do not apply to the following oaths:

(1) An oath of oce.

(2) An oath required to be taken before a specied ocial other than a no-

tary public.

(3) An oath of a testator or witnesses as required for wills, codicils, revoca-

tions of wills and codicils and republications of wills and codicils.

by this act. Nothing in this act diminishes or invalidates the recognition ac-

corded to notarial acts by other laws of this state or rules and regulations

adopted thereunder.

(d) On or aer July 1, 1989, whenever an ocer or partner listed in subsection (b)

of K.S.A. 17-2718, subsection (c) of K.S.A. 17-7503, subsection (c) of K.S.A.

17-7504, subsection (c) of K.S.A. 17-7505, subsection (d) of K.S.A. 56-1a606

or subsection (d) of K.S.A. 56-1a607 and amendments thereto is required to

execute a report before a notary or swear an oath before an ocer authorized

to administer oaths, in lieu thereof, such person may execute an unsworn

declaration if such declaration is in substantial conformity with subsections

(a), (b) and (c) of this section.

(e) On or aer July 1, 1990, subsections (a), (b) and (c) of this section shall have

general application.

54-101. Ocers authorized to administer oaths. Notaries public, judges of

courts in their respective jurisdictions, mayors of cities and towns in their respec-

tive cities and towns, clerks of courts of record, county clerks, and registers of

deeds, are hereby authorized to administer oaths pertaining to all matters wherein

an oath is required.

54-102. How administered. All oaths shall be administered by laying the right

hand upon the Holy Bible, or by the uplied right hand.

54-103. Persons having conscientious scruples may arm. Any person having

conscientious scruples against taking an oath, may arm with like eect.

54-104. Form of commencement and conclusion of oaths. All oaths shall com-

mence and conclude as follows: “You do solemnly swear,” etc.; “So help you God.”

Armation shall commence and conclude as follows: “You do solemnly, sincerely

and truly declare and arm,” etc.; “And this you do under the pains and penalties

of perjury.”

Kansas Notary Handbook

54-105. Falsifying oaths or armations. All oaths and armations alike subject

the party who shall falsify them to the pains and penalties of perjury.

54-106. Form of oath to be taken by ocer. All ocers elected or appointed

under any law of the state of Kansas shall, before entering upon the duties of their

respective oces, take and subscribe an oath or armation, as follows:

“I do solemnly swear [or arm, 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.”

54-108. Administration of oaths by state treasurer. e state treasurer may ad-

minister oaths pertaining to all matters relating to the business of his or her oce.

54-109. Secretary of state and assistant authorized to administer oaths and

authenticate same with seal. e secretary of state and the assistant secretary of

state are hereby authorized and empowered to administer oaths pertaining to all

matters wherein an oath is required, and to attest the same with seal of the secre-

tary of state.

54-110. City clerks authorized to administer oaths. City clerks of cities of the

second and third class are hereby empowered to administer oaths for all purposes

pertaining to the business and aairs of their respective cities.

Kansas Notary Handbook

Reg. # Subject Issues

7-43-1 Denitions Denitions used by regulation

7-43-2 Registration requirements Required training and testing, digi-

tal certicate, registry and fees

7-43-3 Notarization requirements Digital signature and notarial cer-

ticate requirement

7-43-4 Personal appearance requirement Person must appear in person be-

fore the notary

7-43-5 Evidence of authenticity Evidence of authenticity is required

on each document

7-43-6 Applicability of statutes All notary statutes apply to elec-

tronic notarizations

7-43-1. Denitions. As used in this article, the following terms shall have the

meanings specied in this regulation:

(a) “Digital signature” has the meaning specied in K.S.A. 16-1602, and amend-

ments thereto.

(b) “Electronic” has the meaning specied in K.S.A. 16-1602, and amendments

thereto.

public who has registered with the secretary of state and who provides elec-

tronic notarial acts using a digital certicate authorized by the secretary of

state.

(d) “Electronic document” means information that is created, generated, sent,

communicated, received, or stored by electronic means.

(e) “Electronic notarial act” and “electronic notarization” mean any act involving

electronic documents that an electronic notary public is authorized to per-

form under Kansas law.

(f) “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.

(g) “Electronic signature” has the meaning specied in K.S.A. 16-1602, and

amendments thereto.

(h) “Notarial act” and “notarization” mean any act that a notary public is autho-

rized to perform under Kansas law.

Regulations

Kansas Notary Handbook

(i) “Notarial certicate” means the portion of a notarized document that is com-

pleted by the notary, bears the notary’s signature and seal, and states the facts

attested by the notary in a particular notarization.

(j) “Notary public” and “notary” mean any person appointed by the secretary of

state to perform notarial acts.

(k) “Principal” means the person for whom an electronic notary is providing a

notarial act. (Authorized by and implementing K.S.A. 2004 Supp. 16-1611;

eective Dec. 30, 2005.)

7-43-2. 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 in-

struction specied in subsection (a);

(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. (Authorized by and implementing

K.S.A. 2004 Supp. 16-1611 and 75-438; eective Dec. 30, 2005.)

7-43-3. Notarization requirements.

(a) Each electronic notary shall use a digital signature when performing any elec-

tronic notarization. Before performing any electronic notarization, each elec-

tronic notary shall take reasonable steps to ensure that the digital certicate

used to create the digital signature is valid and has not expired, been revoked,

or been terminated by its registered certication authority.

(b) When performing any electronic notarization, each electronic notary shall

complete a notarial certicate, which shall be attached to, or logically associ-

ated with, the electronic document. (Authorized by and implementing K.S.A.

2004 Supp. 16-1611; eective Dec. 30, 2005.)

7-43-4. Personal appearance requirement. Notwithstanding any security mea-

sures 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. (Authorized by and

implementing K.S.A. 2004 Supp. 16-1611; eective Dec. 30, 2005.)

7-43-5. Form of evidence of authenticity of electronic notarial act. If electronic

evidence of the authenticity of the ocial signature and seal of an electronic no-

tary of this state is required on any notarized electronic document transmitted to

another state or nation, the electronic evidence shall be attached to, or logically

Kansas Notary Handbook

associated with, the document and shall be in a form prescribed by the secretary of

state in conformance with any current and pertinent international treaties, agree-

ments, and conventions subscribed to by the United States. (Authorized by and

implementing K.S.A. 2004 Supp. 16-1611; eective Dec. 30, 2005.)

7-43-6. Applicability of statutes. Except as otherwise provided in these regula-

tions, the provisions of K.S.A. 53-101 et seq., and amendments thereto, governing

notaries public and K.S.A. 16-1601 et seq., and amendments thereto, governing

electronic transactions shall apply to each electronic notary public. (Authorized by

and implementing K.S.A. 2004 Supp. 16-1611; eective Dec. 30, 2005.)

Kansas Notary Handbook

IX. Frequently Asked Questions

Q. What is a Kansas notary public?

A. A Kansas notary public is a person appointed by the Kansas Sec-

retary of State to acknowledge and witness the signing of documents,

administer oaths and armations, take verications and certify copies.

Q. When may I begin notarizing documents?

A. An appointed notary public may begin notarizing documents af-

ter receipt of a certicate of appointment from the secretary of state.

Q. What types of notary seals are acceptable in Kansas?

A. e notary public’s seal shall either be a seal press or a rubber

stamp. In either case, the notary public’s seal must contain the notary

public’s name and the words “Notary Public” and “State of Kansas.”

If a seal press is used, the impression must be inked or blackened so

that it may be photocopied.

Q. What is a surety?

A. A surety guarantees that if the notary public fails to properly per-

form a notarization the surety will indemnify a third party for any

damages caused by the notary’s negligence or misconduct, up to

$7,500.

Q. What is Errors and Omissions Insurance and do I need it?

A. Errors and Omissions Insurance (commonly called E & O) is

a form of liability insurance that protects the notary public from

claims or suits that are the result of the notary’s negligent acts, er-

rors or omissions. Much like car insurance, this type of insurance

covers investigation, defense and settlement of committed or alleged

acts by the insured notary public, subject to policy limits and provi-

sions. Kansas law does not require errors and omissions insurance;

therefore, it is up to the notary to determine if he or she wants the

additional coverage.

Kansas Notary Handbook

Q. Can information about my notary application or appointment

be given to other people?

A. Yes. All notary public applications and appointments are open re-

cords and subject to public inspection pursuant to the Kansas Open

Records Act.

Q. May I notarize my own signature and the signatures of my

spouse, children, parents or other relatives?

A. 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 K.S.A. 53-109. (See Financial or Benecial Interest on page 13.)

Q. May I notarize documents that originate from out of state?

A. Yes. Documents originating from another state may be notarized

as long as the signature and the notarial act are performed in Kan-

sas and the notarial certicate indicates “State of Kansas, County of

______________” to identify the jurisdiction in which the notarial

act took place.

Q. May I notarize documents when I am physically outside the

state of Kansas?

A. No. A notary public only has jurisdiction to perform notarial acts

while the notary public is in the state of Kansas.

Q. Why does the notary block have blanks for state and county,

and how do I ll them out?

A. e beginning of each notarial certicate should include juris-

dictional information that indicates where the document was nota-

rized, similar to the following:

State of ___________ )

County of ___________ )

is information indicates where the notarization took place. e

notary public completes the venue block by inserting “Kansas” and

adding the county where the notarization occurred. A Kansas notary

Kansas Notary Handbook

can notarize documents in all counties of Kansas but cannot nota-

rize outside the state of Kansas.

Q. What if the prepared form contains an inaccurate notarial

block, such as a notarial block that contains references to another

state?

A. e notary can cross through any incorrect information and

write in the correction. e 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 receiv-

ing party to see what information has been altered.

Example: STATE OF MISSOURI KANSAS jd

COUNTY OF JACKSON JOHNSON jd

Q. Should I charge a fee for my services as a notary public?

A. ere is no statutory fee schedule in Kansas that a notary public

must follow, nor is there a prohibition against a notary public charg-

ing a fee. erefore, a notary public may charge a reasonable fee for

the performance of a notarial act.

Q. Should I keep a log book of the notarizations that I perform?

A. ere is no statutory requirement in Kansas that a notary public

keep a log book or journal. However, it is recommended that a no-

tary public keep one for his or her own records and for protection

from liability.

Q. Can my employer keep my journal or notary stamp aer I leave

my job?

A. No. A notary commission is personal to the notary public. e

stamp and journal belong to the notary public and must be safe-

guarded by the notary in order to prevent forgeries and other misuse.

Even if an employer pays for the notary commission, the employer

Kansas Notary Handbook

cannot convert the stamp and journal. However, if the employer pro-

vided the notary’s surety bond, the employer may cancel the bond.

Q. How do I report a change in my name, address or seal while I

am serving as a notary public?

A. You must report the change to the secretary of state on a form

supplied by that oce. One change of status form is attached in the

back of this handbook.

Q. What are the most common errors or omissions made by nota-

ries public in notarizing documents?

A. e most common errors by notaries public in notarizing docu-

ments are: (1) Failing to attach the notary seal; (2) neglecting to at-

tach the notary public’s date of expiration of appointment; (3) failing

to sign the notarized document; (4) omitting names and dates from

the acknowledgments, oaths and armations, etc.; and (5) failing to

properly administer the oath.

Q. What is the most serious error made by notaries in notarizing

documents?

A. e most serious error made by notaries is failure to require the

person to appear before the notary before notarizing the document.

e person who signed the document must always appear in person.

Failure to observe this requirement may result in criminal and civil

liability and the loss of the notary’s commission.

Q. What are the liabilities and penalties for notary public miscon-

duct?

A. A notary public who fails to carry out notary duties correctly may

be subject to civil liability for any damages caused by the failure or

error. If the notary’s error enables a forgery, false writing or other

crime to occur, the notary also may be held criminally liable as an

accessory to the crime. e secretary of state also may revoke the

notary’s commission. Failure to attach the date of expiration to a no-

tarization is a Class C misdemeanor.

Kansas Notary Handbook

Q. What if my boss insists that I notarize a document when the

person has not signed or acknowledged his or her signature in my

presence?

A. Explain to your boss that Kansas law requires that the person ap-

pear before you personally before you can notarize the document.

Failure to follow this procedure could result in civil and criminal

liability for both you and your boss. Also, the document may be in-

validated by a court if it is improperly notarized.

Q. If my notary appointment expires but I have applied for a new

appointment, may I continue to exercise my notarial powers?

A. No. ere 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 certicate of appointment.

Q. As a Kansas notary, can I take a person’s acknowledgment in

another state, then return to Kansas and complete the notarial

certicate here?

A. No. Your 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. If

the resident of another state cannot come to Kansas, he should nd

a notary public in his state.

Q. A person whose identication indicates a rst name of “Rob-

ert” 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 docu-

ment matches the name that is printed on the identication of the

signer, the signature does not have to be legible or identical to the

printed name.

Kansas Notary Handbook

Q. Can I notarize documents that I will be signing as an ocer on

behalf of a corporation?

A. No. You can never notarize your own signature, whether you are

signing for yourself or for a corporation.

Q. May a notary give legal advice or dra legal documents?

A. No. 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 certicate, the notary pub-

lic 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 verication).

Q. Is notarization required by law?

A. Notarization is required for many documents. e Kansas law

governing the document will state whether the document must be

notarized. e determination whether a document is required to be

notarized cannot be made by the notary public.

Q. How does a notary identify a signer?

A. A notary identies a signer by carefully examining the identi-

cation presented by that person and comparing the signatures the

person has made on the document with the signature on the iden-

tication. Proper “identication” should include a photograph and

signature on a reliable identication card, such as a driver’s license.

It also is considered sucient identication if, under oath, a credible

witness personally known by the notary identies the person.

Q. Must a notary determine the competence of the person signing

the document?

A. Although there are diering opinions on whether a notary public

has a duty to determine the person’s competency, many experts rec-

ommend that the notary make a limited inquiry into the person’s abil-

ity to understand the contents of the document that the person is sign-

ing. e notary can make a quick assessment by asking the person if

Kansas Notary Handbook

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.).

Q. How do I renew my notary appointment?

A. ere is no automatic reappointment in Kansas. A notary public

must apply for appointment and follow the same procedures required

for a new appointment. Application should be made suciently pri-

or to expiration to ensure uninterrupted authority, generally three

months prior to the expiration of the current commission.

Q. Can I only notarize documents in my own county?

A. No, a Kansas notary public has authority throughout Kansas. e

county in which the notarial act took place should be inserted in the

appropriate blank above the notary’s signature.

Q. Must the person sign the document in my presence?

A. If the document is an adavit, verication or other document

requiring an oath, the person must be properly sworn in and sign

the document in your presence. If the document requires acknowl-

edgment, it is sucient for the person to appear before you and ac-

knowledge execution of the document. If the document requires

witnessing, you must personally see the person sign the document.

Never notarize an unsigned document, and never notarize a docu-

ment outside the presence of the person. Do not notarize a docu-

ment in which the notarial certicate contains untrue statements.

You cannot take a notarization over the phone. You cannot notarize

a document just because someone else assures you that the signature

is genuine. You cannot take an acknowledgment just because you

recognize the person’s signature.

Q. Can I advertise my notary services in a foreign language?

A. Yes, but a person who is not admitted to the practice of law in

this state and who advertises notarial services in a language other

than English must include a statement that is prominently displayed

Kansas Notary Handbook

in the same language on all advertisements, notices, letterhead or

signs. e statement must say, “I am not authorized to practice law

and have no authority to give advice on immigration law or other

legal matters.”

Q. When can I use the term “notario publico?”

A. A notary who is not admitted to the practice of law in this state

cannot use the term “notario publico” or any equivalent non-English

term in any business card, advertisement, notice or sign unless it

is accompanied by a statement that is prominently displayed in the

same language that the notarial services are oered, stating: “I am

not authorized to practice law and have no authority to give advice

on immigration law or other legal matters.”

Q. Does Kansas law allow notarization of an electronic document?

A. Kansas law (K.S.A. 16-1611) does authorize the use of electronic

notarization, and the procedures are set out in K.A.R. 7-43-1 et seq.

In order to complete an electronic notarization, a commissioned

Kansas notary must complete a training course, including a test, and

obtain a Kansas-issued digital signature.

Q. What should I do when I have a question about performing a

notarial act?

A. Contact the Secretary of State’s oce for assistance or your legal

counsel for advice.

Q. Where does a person report illegal, improper or questionable

acts by a notary public?

A. Persons who suspect any wrongdoing or mistake by a notary pub-

lic should report it to the Kansas Secretary of State, First Floor, Me-

morial Hall, 120 SW 10

Ave., Topeka, KS 66612-1594, (785) 296-

2239, or by e-mail at notary@sos.ks.gov.

Kansas Notary Handbook

X. Test your Notary Knowledge

Test your notarial I.Q. with this pop quiz. Answers follow the quiz.

More detailed explanations are found elsewhere in the handbook.

1. Your employer asks you to “notarize” a document that was

signed by a customer while you were at lunch. You should:

(a) Ask your employer to swear that the customer whose name ap-

pears on the document really signed it.

(b) Call the customer to ask if he really did sign the document.

did not personally appear before you.

(d) “Notarize” the document only if you personally know the cus-

tomer and recognize the signature.

2. Your wife, the sole owner of a used car lot, has asked you to

“notarize” her signature transferring title of an automobile. You

are not named individually as a party to the transaction. You may

“notarize” the document.

True or False.

3. You have been asked to administer an oath for a person signing

an adavit. You must ask the person to:

(a) Provide adequate identication (if you do not know the person).

(b) Either raise his or her right hand or place it upon the Bible.

(d) Do all of the above.

4. A seal press is an acceptable notary seal but its impression must

be blackened so that it can be photocopied.

True or False.

5. A notary may not charge more than $2 to administer an oath.

True or False.

Kansas Notary Handbook

6. To properly identify a person, it is sucient to:

(a) Examine a driver’s license with signature.

(b) Be casually acquainted with the person.

(d) Do any of the above.

7. State law requires a notary to maintain a log of all notarizations

performed, showing the date performed, the parties appearing

and the type of document.

True or False.

8. A Kansas notary may perform notarial duties anywhere in Kan-

sas as long as the county in which the duty is performed is entered

in the appropriate space.

True or False.

9. In order to properly complete the notarial certicate the notary

must do which of the following:

(a) Enter the county where the notarization took place.

(b) Ax the seal and blacken the impression if a seal press is used.

(d) All of the above.

10. You are a Kansas notary and resident, but your place of em-

ployment is in Kansas City, Missouri. You may perform notarial

acts in Missouri.

True or False.

11. You are a resident of Nebraska, but your place of employment

is in Kansas. You may become a Kansas notary public.

True or False.

12. 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 must include a disclaimer stating: “I am not

Kansas Notary Handbook

authorized to practice law and have no authority to give advice on

immigration law or other legal matters.”

True or False.

13. It is possible to electronically notarize a document remote-

ly (outside the presence of the signer) as long as you are able to

watch the signing and check the signer’s identication through a

Web camera.

True or False.

Answers: 1. c; 2. True; 3. d; 4. True; 5. False; 6. d; 7. False; 8. True; 9. d; 10. False; 11.

True; 12. True; 13. False

Kansas Notary Handbook

Acknowledge – e act of admitting or recognizing the existence and

authenticity of the contents of an instrument and that the instrument

shall be binding and in full force and eect.

Acknowledgment – e act of admitting and recognizing the con-

tents of a document, the person’s execution of the document, and

that the instrument is binding.

Arm – See Oath.

Armation – Spoken promise that the contents of the document

are true, without requirement of swearing under oath to God. An

armation is made by a person having conscientious or religious

objections to oaths. An armation in Kansas begins with “You do

solemnly, sincerely and truly declare and arm” and concludes with

“And this you do under the pains and penalties of perjury.”

Apostille – Certication of a notary required for paperwork going

out of the United States to a country that has signed in Chapter 12 of

the Hague Convention, created in 1961, that abolishes the require-

ment of legalization for foreign public documents. For a list of coun-

tries that have signed, go to www.hcch.net.

Authentications – Certication of a notary required for paperwork

going out of the United States to a country that has not signed Chap-

ter 12 of the Hague Convention.

Certied Copy – A document veried as an accurate reproduction

of an original document.

Competence – Ability to understand.

XI. Glossary of Terms

Kansas Notary Handbook

Electronic Notarization or e-Notarization – An electronic signa-

ture and seal that is placed on a document using a Kansas digital

signature.

Electronic Notary or e-Notary – A notary public who is authorized

to electronically notarize documents.

Electronic Signature – An electronic sound, symbol or process at-

tached to or logically associated with a record and executed or ad-

opted by a person with the intent to sign a record.

Execute – To sign one’s name. To perform, complete or accomplish.

Notarial Block or Certicate – e statement that appears at the

end of a document that is completed and signed by the notary pub-

lic. is statement indicates the venue, the type of notarization re-

quired (acknowledgment, verication or witnessing), the name of

the signing party and the date of the notarization.

Notary Bond – e surety company or individuals agree to indem-

nify or reimburse anyone who suers damage caused by the notary

public’s improper performance of notarial acts up to the amount of

the bond ($7,500). e surety can demand reimbursement from the

notary if a claim is properly paid. Furthermore, the notary is person-

ally liable for the full amount of any judgment rendered against the

notary.

Notary Public – A person appointed by the Kansas Secretary of State

to serve the public as a disinterested witness who takes acknowledg-

ments and verications, witnesses signatures, administers oaths and

armations, and certies copies.

Oath – A sworn statement made before a notary or other authorized

ocer. In Kansas, an oath begins with “You do solemnly swear” and

Kansas Notary Handbook

concludes with “So help you God” and is made with the right hand

uplied or placed upon the Bible.

Sureties – A guarantee that if the notary public fails to properly

perform a notarization the surety will indemnify a third party for

any damages caused by the notary’s negligence or misconduct up

to $7,500. Commercial sureties have been licensed with the Kansas

Insurance Department and actively participate in the surety bond

eld. A fee is usually charged to the applicant for guaranteeing a

bond. (See also Notary Bond.)

Sworn – See Oath.

Venue – e location where the notarization was performed, as indi-

cated at the top of the notarial certicate (state, county).

Kansas Notary Handbook

XII. Contact Information

For all questions or concerns about Kansas notaries public, contact:

Kansas Secretary of State

Attn: Notary Clerk

First Floor, Memorial Hall

120 SW 10

Ave.

Topeka, KS 66612-1594

Phone: (785) 296-2239

Fax: (785) 296-4570

Web site: www.sos.ks.gov/notary

E-mail: notary@sos.ks.gov

1 / 1 Rev. 8/24/16 tc

Instructions: Complete the Name and Bond Number elds and proceed to section B.

A. Notary Information

Name (Print name under which your appointment is currently listed) Bond number (Number listed on the appointment certicate)

B. Corrected Information

Instructions: Complete the elds that need to be changed. Fields left blank are presumed unchanged. Sign and date at

the bottom of the form.

1. Stamp change

(If requesting a name change,

complete elds 1 & 2.)

(Seal/Stamp)

2. Name change

3. Residential address

(P.O. box is not acceptable.)

Street Address

City State Zip

4. Business address

(P.O. box is not acceptable.)

Street Address

City State Zip

5. Daytime phone

6. Secondary phone

7. Miscellaneous

o



Check if you are canceling your bond.



Check if you need a new certicate sent.

I declare under penalty of perjury pursuant to the laws of the state of Kansas that the foregoing is true and correct.

Signature of Notary Month Day Year

ka nsas secretary of state

Notary Public

Change of Status

Kansas Ofce of the Secretary of State:

Memorial Hall, 1st Floor (785) 296-4564

120 S.W. 10th Avenue notary@ks.gov

Topeka, KS 66612-1594 www.sos.ks.gov

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