KANSAS NOTARY HANDBOOK

KANSAS

NOTARY HANDBOOK

Prepared by the Office of Secretary of State Scott Schwab

Updated July 20, 2022

KANSAS NOTARY HANDBOOK

Table of Contents Page

Purpose of a Notary Public ……………………………………………………………………………………………. 3

Jurisdiction of a Kansas Notary ……………………………………………………………………………..……... 3

What is a Notarial Act? …………………………………………………………………………………………….…… 4

Types of Notarial Acts ……………………………………………………………………………………………..….… 4

• Acknowledgment …………………………………………………………………………………..………… 4

• Acknowledgment in a Representative Capacity ……………………………………………….. 4

• Witnessing or Attesting a Signature …………………………………………………….…………… 5

• Certifying or Attesting a Copy of a Record ……………………………………………………….. 5

• Prohibition on Photocopying Certain Documents …………………………………………….. 5

• Administering an Oath or Affirmation ……………………………………………………………… 6

• Taking a Verification on Oath or Affirmation ………………………………………………….… 6

• Notarizing Wills ………………………………………………………………………………………………… 7

How to Notarize a Tangible (Paper) Document ……………………………………………………………… 7

Physical Presence Requirement ……………………………………………………………………………………. 8

Verification of Identity ………………………………………………………………………………………………….. 8

Refusal to Perform a Notarial Act ………………………………………………………………………….……… 8

Notarial Certificate ……………………………………………………………………………………………………….. 9

Completing a Notarial Certificate ………………………………………………………………………………….. 9

Fee for a Notarial Act ……………………………………………………………………………………………………. 10

Notarizing for an Individual Who is Unable to Sign ……………………………………………….………. 10

How to Become a Kansas Notary ………………………………………………………………………………….. 10

Notary Stamp ………………………………………………………………………………………………………….……. 11

• Notary Stamp for a Tangible (Paper) Document ………………………………………………. 11

• Notary Stamp for an Electronic Document ………………………………………………………. 11

• Lost or Stolen Stamp ……………………………………………………………………………………….. 11

Notary Journal ……………………………………………………………………………………………………………… 12

• Journal Entry ……………………………………………………………………………………………………. 12

• Retention of a Notary Journal ………………………………………………………………………….. 12

Surety Bond ………………………………………………………………………………………………………………….. 13

Denial, Refusal to Renew, Revocation, or Suspension of a Notary Commission ……….…… 13

Change to a Notary Commission ……………………………………………………………………….…………. 14

Renewal of a Notary Commission ……………………………………………………………………………….. 15

Resignation of a Notary Commission ……………………………….…………………………………………… 15

Name Change ………………………………………………………………………………………………………………. 15

Notary Commission Follows the Notary ………………………………………………………………………. 15

Financial or Beneficial Interest …………………………………………………………………………………….. 15

Advertising Notary Services …………………………………………………………………………………………. 16

Prohibited Acts and Penalties ………………………………………………………………………………….…… 16

Failure to Attach Notary’s Commission Expiration Date …………………………………….…………. 17

In-Person Electronic Notarizations (IPEN) …………………………………………………………………..… 17

Remote Online Notarizations (RON) …………………………………………………………………………….. 18

Notary Training and Testing Required for IPEN and RON ……………………………………………… 21

Apostilles and Authentications …………………………………………………………………………………….. 21

Short Form Notarial Certificates …………………………………………………………………………………… 22

Glossary ……………………………………………………………………………………………………………………….. 25

Additional Resources ……………………………………………………………………………………………………. 25

Purpose of a Notary Public

The primary role of a notary is to act as an official, impartial witness to the identity of an individual who

comes before the notary. A notary’s role in verifying the identity of an individual requesting a notarial

act and performing a notarial act in accordance with the requirements of state law and regulation, helps

to deter fraud in the execution of various types of documents.

Jurisdiction of a Kansas Notary

A Kansas notary must be in the state of Kansas to perform a notarial act. A Kansas notary may perform

a notarial act in any county in Kansas. This requirement also applies to Kansas notaries who reside in a

bordering state.

• For example: a Missouri resident works in Kansas, has a Kansas notary commission, and

notarizes documents as part of their job. The notary may notarize documents while in Kansas;

however, the notary may not notarize documents as a Kansas notary when they are in Missouri

or otherwise outside the state of Kansas.

For notarial acts performed for remotely located individuals, also known as remote online notarizations

(RON), a Kansas notary may notarize a document for such individuals regardless of where the individual

is located. However, the notary must be in Kansas at the time of the notarial act. For more information

about notarial acts for remotely located individuals, please refer to the section in this handbook on

Remote Online Notarizations (RON).

Recognition of notarial acts performed outside of Kansas: Kansas law provides that a notarial act

performed in another state or under the authority and in the jurisdiction of a federally recognized Indian

tribe has the same effect under Kansas law as if performed by a notarial officer in Kansas if the act

performed in that state is performed by:

• A notary public of that state or of the tribe;

• a judge, clerk or deputy clerk of a court of that state or of the tribe; or

• any other individual authorized by the laws of that state or the laws of the tribe to perform the

notarial act.

The signature and title of an individual performing a notarial act in another state or under the authority

and in the jurisdiction of a federally recognized Indian tribe are prima facie evidence that the signature

is genuine and that the individual holds the designated title. The signature and title of a notarial officer

described above conclusively establish the authority of the officer to perform the notarial act.

In addition, notarial acts performed under federal law has the same effect under the law of this state as

if performed by a notarial officer of this state, if the act performed under federal law is performed by:

• A judge, clerk or deputy clerk of a court;

• an individual in military service or performing duties under the authority of military service who

is authorized to perform notarial acts under federal law;

• an individual designated a notarizing officer by the United States department of state for

performing notarial acts overseas; or

• any other individual authorized by federal law to perform the notarial act.

The signature and title of an individual acting under federal authority and performing a notarial act are

prima facie evidence that the signature is genuine and that the individual holds the designated title. The

signature and title of an officer described above conclusively establish the authority of the officer to

perform the notarial act.

What is a Notarial Act?

A notarial act is defined in state law as an act, whether performed with respect to a tangible or

electronic record, that a notarial officer, including a notary, may perform under the law of this state.

"Notarial act" includes taking an acknowledgment, administering an oath or affirmation, taking a

verification on oath or affirmation, witnessing or attesting a signature, certifying or attesting a copy and

noting a protest of a negotiable instrument. The terms “notarial act” and “notarization” are often used

interchangeably.

Types of Notarial acts

A Kansas notary may perform any of the following notarial acts and any other notarial act permitted by

law.

Acknowledgment

An acknowledgment requires the signer of a document to personally appear before the notary.

However, the notary is not required to witness the signing of the document. The document may be

signed before it is brought to the notary for notarization. The signer must verbally acknowledge to the

notary that the signer signed the document. To perform an acknowledgment, a notary must:

1. Require the personal appearance of the signer.*

2. Review the document to determine if the acknowledgment can be notarized.

3. Identify the signer.

4. Verify the signature on the document is that of the signer.

5. Complete the notarial certificate.

6. Record the notarial act in the notary’s journal.

*If the notary is performing a notarial act for a remotely located individual, the personal appearance

requirement can be satisfied by the use of a RON platform that meets the requirements in state law

and regulation.

Acknowledgment in a Representative Capacity

A notary may be asked to notarize a document that is signed by an individual on behalf of another

individual or entity. This usually occurs when an individual is signing on behalf of a business entity, or in

their capacity as a power of attorney or personal representative. If the individual is signing in a

representative capacity (i.e., John Smith, as President of ABC Corporation), the notary is not required to

verify the individual’s authority to sign, which means the notary is not required to determine if John

Smith is president of ABC Corporation. To notarize a document signed by an individual in a

representative capacity a notary must:

1. Require the personal appearance of the signer.*

2. Review the document to determine if the acknowledgement can be notarized.

3. Identify the signer of the document. The notarial certificate should indicate that the person is

signing in a representative capacity.

4. Watch the signer sign the document.

5. Complete the notarial certificate.

6. Record the notarial act in the notary’s journal.

*If the notary is performing a notarial act for a remotely located individual, the personal appearance

requirement can be satisfied by the use of a RON platform that meets the requirements in state law

and regulation.

Witnessing or Attesting a Signature

Witnessing or attesting a signature requires that a notary witness, or watch, a signer sign a document to

be notarized. To witness a signature a notary must:

1. Require the personal appearance of the signer.*

2. Review the document to determine if the document can be notarized.

3. Identify the signer as the person who is named in the document or who is required to sign the

document.

4. Watch the signer sign the document.

5. Complete the notarial certificate.

6. Record the notarial act in the notary’s journal.

*If a document is brought to the notary that already has been signed, the notary may notarize the

document by requiring the signer to sign the document again in the presence of the notary. It is not

necessary to cross out the first signature; the signer should sign the document as close to the first

signature as possible. The notary may then notarize the document. If the notary is performing a

notarial act for a remotely located individual, the personal appearance requirement can be satisfied

by the use of a RON platform that meets the requirements in state law and regulation.

Certifying or Attesting a Copy of a Record*

A notary may be asked to certify or attest that a document is a true and correct copy of an original

document. A notary who certifies or attests a copy of a document shall determine that the copy is a full,

true, and accurate transcription or reproduction of the document. Since the notary is not verifying a

signature on the document, the notary is not required to identify the person presenting the document

or require the signer to sign the document. To certify that a document is a true and correct copy of an

original document a notary should either:

1. Make a copy of the original document and certify the copy.

2. Alternatively, make a careful comparison of the original document to a copy of the document

provided by the individual presenting the document before certifying that it is a true and correct

copy.

*Notaries should be aware that some documents prohibit photocopying (see below).

Prohibition on photocopying certain documents

Public documents on file with a public office or agency must be certified by that office or agency. Public

documents include:

• Court records, which are certified by the court that retains the original court records.

• Business formation documents and subsequent business documents, such as annual reports,

amendments, or mergers, which are certified by the Secretary of State.

• Birth, death, and marriage certificates that are certified by the Office of Vital Statistics, Kansas

Department of Health and Environment.

Some public documents contain a warning that the document is not to be copied. A notary should not

copy and certify such documents. A notary may be sanctioned by the Secretary of State for providing a

certified copy of such a document.

Administering an Oath or Affirmation

A notary is authorized to administer an oath or affirmation. All oaths shall be administered with the

person taking the oath laying their right hand upon the Holy Bible, or by raising their right hand. All

oaths shall begin and end with the following statements:

Begin: "You do solemnly swear"

End: "So help you God."

Any person having conscientious scruples against taking an oath, may affirm. Affirmations shall begin

and end with the following statements:

Begin: "You do solemnly, sincerely and truly declare and affirm"

End: "And this you do under the pains and penalties of perjury."

A notary who is providing an oath or affirmation to an officer elected or appointed under any law of the

state of Kansas shall use the following oath or affirmation:

"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

___(name of appointed or elected office)____. So help me God."

To administer an oath or affirmation a notary must:

1. Require the personal appearance of the person who is taking the oath or making the affirmation.*

2. Administer the oath or affirmation.

3. Record the notarial act in the notary’s journal.

*If the notary is performing a notarial act for a remotely located individual, the personal appearance

requirement can be satisfied by the use of a RON platform that meets the requirements in state law

and regulation.

Taking a Verification on Oath or Affirmation

A verification on oath or affirmation, also known as a jurat or affidavit, is a declaration by a person

before a notary in which the person states on oath or affirmation that the declaration or the contents of

a document is true.

Taking a verification on oath or affirmation requires a notary to do the following:

1. Require the personal appearance of the person who is taking the oath or making the affirmation.*

2. Review the document to determine if the document can be notarized.

3. Identify the signer as the person who is named in the document or who is required to sign the

document.

4. Administer the oath or affirmation.

5. Watch the signer sign the document.

6. Record the notarial act in the notary’s journal.

*If the notary is performing a notarial act for a remotely located individual, the personal appearance

requirement can be satisfied by the use of a RON platform that meets the requirements in state law

and regulation.

Notarizing Wills

The notary should verify the identity of the person signing the will as well as each witness. State law

provides that the acknowledgments and affidavits made before a notary regarding a will shall be

substantially as follows:

State of ______________

County of __________ ss.

Before me, the undersigned authority, on this day personally appeared __________, __________,

and __________, known to me to be the testator and the witnesses, respectively, whose names are

subscribed to the annexed or foregoing instrument in their respective capacities, and, all of such persons

being by me first duly sworn, such __________, testator, declared to me and to the witnesses in my

presence that such instrument is the testator's last will and testament, and that the testator had

willingly made and executed it as the testator's free and voluntary act and deed for the purposes therein

expressed. Such witnesses, each on the witness' oath stated to me, in the presence and hearing of the

testator, that the testator had declared to them that such instrument is the testator's last will and

testament, and that the testator executed same as such and wanted each witness to sign it as a witness.

Upon their oaths each witness stated further that they did sign the will as witnesses in the presence of

each other and in the presence of the testator and at the testator's request, and that the testator at that

time possessed the rights of majority, was of sound mind and under no restraint.

______________________________

(Testator)

______________________________

(Witness)

______________________________

(Witness)

Subscribed, acknowledged and sworn to before me by __________, testator, and __________ and

__________, witnesses, this _____ day of __________, A.D. __________.

(seal)

(Signed) ________(notary signature)_____

______________________________

(Official capacity of officer, i.e. notary public)

How to Notarize a Tangible (Paper) Document

A notary should follow the requirements based on the type of notarial act performed (see Types of

Notarial Acts). However, common requirements exist for any type of notarial act and are as follows:

1. Require the physical presence of the signer. The signer of a document must be in the physical

presence of the notary at the time the document is signed (except for taking an acknowledgment,

etc). The physical presence requirement can be satisfied if the notary is performing a notarial act for

a remotely located individual, in which the use of communication technology on a RON platform

satisfies the physical presence requirement.

2. Review the document to determine if the notarization requested can be provided.

3. Identify the signer if required (copy certification does not require verification of the signer or person

presenting the document for a notarization).

4. Complete the notarial certificate.

5. Record the notarial act in the notary’s journal.

Physical Presence Requirement

Generally, notarial acts require the person signing a document to be in the physical presence of the

notary at the time the document is signed and notarized. This includes when a signer requests a notary

to: witness or attest to a signature, administer an oath or affirmation, take a verification of a statement

upon oath or affirmation, or make or note a protest of a negotiable instrument.

A signer also must personally appear before a notary when requesting an acknowledgment, to verify to

the notary that the signature on the document belongs to the signer. When requesting an

acknowledgment, the signer may, but is not required to, sign the document in the presence of the

notary.

A document for which a certified copy is requested is not required to be presented by the signer to the

notary and the signer is not required to be in the physical presence of the notary at the time the copy is

certified.

Verification of Identity

Before performing a notarial act, the notary shall determine, from personal knowledge or satisfactory

evidence, that the person appearing before the notary has the identity claimed.

A notary is required to verify the identity of the signer in one of the following ways:

• A notary has personal knowledge of the identity of a person appearing before the notary if the

person is personally known to the notary through dealings sufficient to provide reasonable certainty

that the person has the identity claimed.

• A notary has satisfactory evidence of the identity of a person if the notary can identify the person by

one of the following:

• A passport, driver's license or government-issued nondriver identification card, or another form

of government identification that contains the signature and a photograph of the person and is

satisfactory to the notary.

• The identification must be current or expired not more than three years before the

performance of the notarial act.

• By a verification on oath or affirmation of a credible witness personally appearing before the

notary and known to the notary or whom the notary can identify based on a passport, driver's

license or government-issued nondriver identification card.

• A notary may require an individual to provide additional information or identification credentials

to enable the notary to verify the individual’s identity.

Refusal to Perform a Notarial Act

A notary may refuse to perform a notarial act if the notary is not satisfied that the individual executing

the record is competent or has the capacity to execute the record or that the individual's signature is

knowingly and voluntarily made. Additionally, a notary may refuse to perform a notarial act unless

refusal is prohibited by the law of this state or by federal law.

Notarial Certificate

The notarial certificate contains the information the notary is required to complete when notarizing a

document. The notarial certificate may also be referred to as the notarial block.

The type of notarial act is generally prescribed in the law that governs the document and the type of

notarial act should be evident from the notarial certificate on the document.

If a notarial certificate is not printed on the document, the signer or the party that drafted or provided

the document should instruct the notary which notarial certificate is required (such as acknowledgment,

witnessing or verification).

A notary should know the correct language to use in a notarial certificate when the signer explains what

type of notarial act is needed. A notary may provide a sample of notarial certificates from which the

signer may choose. However, the notary may not provide advice or guidance on the type of notarial

certificate to be used if the signer does not know what type of notarial act is needed. If the signer does

not know the type of notarial certificate that is needed, the signer should consult with the issuer or

drafter of the document, the entity that will receive the document, or an attorney for assistance.

The notarial certificate should be placed on the document to be notarized. Alternatively, the notary

may provide the notarial certificate on a separate sheet of paper and staple or securely attach it to the

document. If the notarial certificate is provided on a separate sheet of paper from the document that is

to be notarized, notaries are encouraged to provide a brief description of the document to which the

notarial certificate is attached.

Samples of completed short form notarial certificates are provided here.

Regardless of whether the notary uses a notarial certificate printed on a document or provides the

notarial certificate as an attachment, all information required as part of the notarial certificate must be

included for the notarial act to be complete and correct. A notary may be subject to civil penalties and

revocation of the notary’s commission if a notarial certificate is incomplete or not completed correctly.

Completing a Notarial Certificate

A notarial certificate should provide space for the following information to be completed by the notary

at the time the notarial act occurs. A notary may use a notarial certificate other than the one provided if

necessary to ensure all required information is included. If a notary is using a preprinted certificate the

notary may line through and initial any information that is not completed, or the notary may make a

correction to the notarial certificate and initial the correction. The notary may not alter the document;

only the notarial certificate.

A complete notarial certificate includes the following:

• Jurisdiction where the notarial act is performed (State of Kansas, and County in which the notarial

act is performed).

• The notarial act. This is the statement made by the notary that indicates the type of notarization

performed.

• Notary’s signature. A notary’s signature should match the notary’s signature on file with the

Secretary of State (for example, if the notary used a middle initial on the notary application, the

signature should include the middle initial). The signature and title of an individual performing a

notarial act in this state are prima facie evidence that the signature is genuine and that the

individual holds the designated title.

• Date of notarial act.

• Notary’s commission expiration date (included as part of the notary’s stamp).

• Notary’s stamp (a notary’s stamp should include the notary’s commission expiration date or provide

a blank space for the notary to write in the expiration date).

Note: Please review the RON section of the handbook for more information on requirements for

completing a notarial certificate for RON.

Fee for a Notarial Act

State law does not prohibit a notary from charging a fee for a notarial act. However, a notary who

charges a fee for a notarial act must comply with the requirements in state regulation which states the

fee must be:

• Disclosed to the signer and agreed to by the signer before the notarial act is performed.

• Disclosed to the signer that a fee is permitted but is not required by state law or regulation.

• Collected at the time the notarial act is performed, and

• Recorded in the notary’s journal.

Notarizing for an Individual Who is Unable to Sign

If an individual is physically unable to sign a document to be notarized, the individual may direct an

individual other than the notary to sign the individual's name on the document. The notary shall insert:

"Signature affixed by (name other than the individual) at the direction of (name of individual)" or similar

words.

How to Become a Kansas Notary

To be eligible to be a notary in Kansas, state law requires that an individual must be:

• At least 18 years of age.

• A resident of Kansas or a resident of a state bordering Kansas and have a regular place of

employment or practice in Kansas.

• Be able to read and write the English language.

• Not be disqualified to receive a commission under state law (K.S.A. 53-5a24).

Follow these steps to become a Kansas notary:

• Complete the Notary Public Appointment Form (Form NO).

• Obtain a notary surety bond. State law requires a notary to be bonded for $12,000 for applications

submitted on and after January 1, 2022. The bond must be issued by a surety or other entity

licensed or authorized to do business in Kansas. The surety bond company must complete Section C

of Form NO.

• A separate bond is not required for an applicant who is also registering to perform IPEN or RON.

• Obtain a notary stamp. A copy or impression of the stamp must accompany Form NO.

• Mail or deliver the completed Form NO and application fee to the Secretary of State’s office.

The Secretary of State’s office processes notary applications and mails a Notary Commission Certificate

to approved applicants. An applicant may not notarize documents until their application is approved by

the Secretary of State. Applications that are not approved will be returned to the applicant with a letter

stating the reason for the denial.

Notary Stamp

State law requires a stamp be affixed to or embossed on notarial certificates completed by a notary. A

notary must keep their stamp secured and should not share or loan their stamp to anyone to perform a

notarial act.

Notary Stamp for a Tangible (Paper) Document

A notary’s official stamp for use when notarizing tangible documents shall include:

• The notary public's name exactly as it appears on the application for commission as a notary public.

• The words "notary public".

• The words "State of Kansas".

• May contain the notary’s commission expiration date or a space for the notary to write in this date.

Notary stamps are not provided by the Secretary of State. Stamps may be purchased at office supply

stores, through online stores, and notary associations. A copy or impression of the notary’s stamp(s)

must be submitted as part of the application for a notary commission. A copy or impression of all

stamps the notary uses must be on file with the Secretary of State. Additional stamps may be placed on

file using Form NC.

Notary Stamp for an Electronic Document

A notary’s stamp for use in an IPEN or RON must include:

• The notary public’s name exactly as indicated on the notary’s commission;

• the words “State of Kansas” and “notary public”;

• the notary’s commission number; and

• the notary’s commission expiration date.

The stamp used for IPEN or RON must be capable of being copied together with the record to which it is

affixed or attached or with which it is logically associated. A stamp for use in IPEN or RON may be

obtained through a notary technology provider. Once a notary receives the notary’s electronic stamp

from the notary technology provider, the notary must provide an image of the electronic stamp to the

Secretary of State using Form NC. A notary shall not use an electronic stamp unless a copy of the stamp

has been filed with the Secretary of State.

NOTE: An applicant who is registering as a notary and is also registering to perform IPEN or RON may

obtain an electronic stamp from the notary technology provider. A Form NO must be accepted before

registering to perform IPEN or RON. Once the applicant knows their commission number, then a Form

NC may be submitted to register for performing IPEN or RON.

Lost or Stolen Stamp

If a notary public's stamping device is lost or stolen, the notary or the notary’s personal representative

or guardian must promptly notify the Secretary of State upon discovering that the device is lost or

stolen. The notification requirement is satisfied if the notification is submitted on Form NC and mailed,

emailed, or delivered to the Secretary of State’s office. When a notary replaces a lost or stolen stamp,

the notary shall use a different style of stamp to ensure that the new stamp looks different to help deter

misuse of the lost or stolen stamp.

Notary Journal

State law requires a notary to maintain a journal of all notarial acts performed by the notary on and

after January 1, 2022. A notary shall maintain only one journal at any time in a tangible format but may

maintain one or more journals in an electronic format to record all notarial acts performed regarding

electronic records. Notary technology providers may provide an electronic journal on the IPEN and RON

platforms and may also provide storage of audio-visual recordings of RON sessions.

If the journal is maintained on a tangible (paper) format, it shall be a permanent, bound register with

numbered pages.

If the journal is maintained in an electronic format, it shall be in a permanent, tamper-evident electronic

format complying with the rules and regulations of the Secretary of State. A notary must take

reasonable steps to ensure that a backup of a journal maintained in an electronic format exists and is

secure from unauthorized use. Records must be capable of being printed in a tangible medium when

requested.

Journal Entry

A notary should record the following information in a journal for each notarial act:

▪ The date and time of the notarial act.

▪ A description of the record, if any, and type of notarial act.

▪ The full name and address of each individual for whom the notarial act is performed.

▪ If identity of the individual is based on personal knowledge, a statement to that effect.

▪ If identity of the individual is based on satisfactory evidence (identification credential or verification

on oath or affirmation of a credible witness), a brief description of the method of identification and

the identification credential presented, if any, including the date of issuance and expiration of any

identification credential; and

▪ The fee, if any, charged by the notary public.

Retention of a Notary Journal

A notary journal must be retained in either a tangible (bound register) or electronic format for 10 years

after the last entry recorded in the journal.

On resignation from, or the revocation or suspension of, a notary's commission, the notary shall retain

the notary journal for the retention period and inform the Secretary of State where the journal is

located. Notice can be provided using Form NC.

Alternatively, instead of retaining a journal, a current or former notary may transmit the journal to a

repository approved by the Secretary of State.

On the death or adjudication of incompetency of a current or former notary public, the notary's

personal representative, guardian or any other person knowingly in possession of the journal shall:

• Retain the notary’s journal for the retention period or transmit the journal to a repository approved

by the Secretary of State and indicate where the journal is located.

• Inform the Secretary of State where the journal is located. Notice may be provided in writing and

mailed or emailed to the Secretary of State.

Notaries should choose a repository from the list of providers on file with Secretary of State. The list of

providers is found in our web based resources.

Surety Bond

An individual who applies to be a Kansas notary on and after January 1, 2022, must maintain a surety

bond in the amount of $12,000 during the notary’s commission. A surety bond must be issued by a

surety or other entity licensed or authorized to do business in Kansas. Most notaries obtain a surety

bond from a surety company or a Kansas-licensed insurance company.

A surety bond covers acts performed during the term of the notary's commission. If a notary violates the

law with respect to notarial acts in Kansas, the entity that issued the surety bond is liable. No suit shall

be instituted against a notary or the surety or issuing entity under the notary's assurance more than

three years after the cause of action occurs.

An issuer who cancels a notary’s surety bond shall notify the Secretary of State 30 days before the bond

is cancelled. The Secretary of State shall notify the notary whose bond is being cancelled that the notary

must file another surety bond before the cancellation date. A notary who does not provide a surety

bond is no longer authorized to perform notarial acts in Kansas. Notaries may use Form NC to change a

bond on file with the Secretary of State.

Denial, Refusal to Renew, Revocation, or Suspension of a Notary Commission

The Secretary of State may deny, refuse to renew, revoke, suspend or impose a condition on a notary

commission for any act or omission that demonstrates the individual lacks the honesty, integrity,

competence, or reliability to act as a notary, including:

• Failure to comply with the law governing notarial acts in Kansas;

• A fraudulent, dishonest, deceitful misstatement or omission in the application for a notary

commission.

• A conviction of the applicant or notary of any felony or a crime involving fraud, dishonesty or deceit,

including entering into a diversion agreement in lieu of further criminal proceedings for such crime.

• A finding against, or admission of liability by, the applicant or notary in any legal proceeding or

disciplinary action based on the applicant's or notary's fraud, dishonesty or deceit.

• Failure by the notary to discharge any duty required of a notary, whether required by state law,

regulations, or any federal or state law.

• Use of false or misleading advertising or representation by the notary representing that the notary

has a duty, right or privilege that the notary does not have.

• A violation by the notary of a notary regulation.

• Denial, refusal to renew, revocation, suspension, or conditioning of a notary commission in another

state.

• Failure of the notary to maintain a surety bond that complies with state law.

• Denial, revocation, or suspension of a professional license, if such denial, revocation, or suspension

was for fraud, dishonesty, deceit or any cause substantially relating to the duties or responsibilities

of a notary.

• Incapacitation to such a degree that the person is incapable of reading or writing the English

language.

• A violation of the financial or beneficial interest limitation on the performance of notarial acts.

• A notary whose commission has been revoked for any reason listed above may not apply for a new

commission until the expiration of four years from the date of such revocation.

The Secretary of State also may deny, refuse to renew, revoke, suspend or impose a condition on a

notary’s commission for any act or omission that demonstrates the individual lacks the honesty,

integrity, competence, or reliability to act as a notary, including:

• A violation of state law that prohibits a notary from: assisting persons in drafting legal records,

giving legal advice, or otherwise practicing law; acting as an immigration consultant or an expert on

immigration matters; representing a person in a judicial or administrative proceeding relating to

immigration to the United States, United States citizenship or related matters; or receiving

compensation for performing any of these activities.

• A violation of state law prohibiting false or deceptive advertising.

• A violation of the prohibition on use of the term "notario" or "notario publico" or any equivalent

non-English term in any business card, advertisement, notice or sign by a notary unless the notary is

also an attorney licensed to practice law in Kansas.

• A violation of the advertising limitation, which prohibits a notary, other than an attorney licensed to

practice law in Kansas, from advertising or representing that the notary may assist persons in

drafting legal records, give legal advice, or otherwise practicing law unless the following statement is

included on certain advertisements: "I am not an attorney licensed to practice law in this state. I am

not allowed to draft legal records, give advice on legal matters, including immigration, or charge a

fee for those activities." For more information on this limitation, see Advertising Notary Services.

• Except as otherwise allowed by law, a notary shall not withhold access to or possession of an

original record provided by a person who seeks a notarial act from a notary.

• A notary whose commission as a notary has been revoked for any of the reasons described above

may not apply for or receive a new commission for such individual's lifetime.

The authority of the Secretary of State to deny, refuse to renew, suspend, revoke, or impose conditions

on a commission as a notary does not prevent a person from seeking and obtaining other criminal or

civil remedies provided by law.

Change to a Notary Commission

A notary should use the Notary Public Change of Status form, Form NC, to make the following changes

to a notary commission:

• Change a name. State law requires a notary whose name changes to notify the Secretary of State

prior to performing a notarial act using the new name.

• Add or replace a notary stamp. A notary may have more than one stamp. All tangible and

electronic stamps that a notary uses must be on file with the Secretary of State. If a notary adds a

stamp during their commission, the notary must file a copy or impression of the stamp with the

Secretary of State.

• Report a lost or stolen stamp. A notary is required to notify the Secretary of State of a lost or stolen

stamp.

• Resign a notary commission.

• Change an address.

• Change a phone number or email address.

• Change surety bond company.

• Add or remove IPEN or RON registration.

Renewal of a Notary Commission

A notary’s commission is not automatically renewed. A notary who wants to renew a commission must

meet the qualifications to be a notary and apply for a new commission using Form NO. Notaries are

encouraged to submit an application to renew a commission up to 90 days prior to their commission

expiration date to ensure the notary’s ability to notarize is uninterrupted.

Resignation of a Notary Commission

A notary shall resign a commission as a notary by emailing, mailing, or delivering a letter of resignation,

or by completing and submitting Form NC to the Secretary of State. The notary’s commission shall

terminate upon delivery of the notification. The Secretary of State’s office will confirm receipt of the

resignation in writing. A notary who has resigned is required to destroy any notary stamp(s) or make

the stamp(s) unable to be used. If a notary provides IPEN or RON, the notary should request that the

provider of the digital certificate revoke the certificate, which will make the digital certificate unable to

be used. A notary’s journal must be retained for 10 years from the date of the last journal entry.

Name Change

If a notary changes name by any legal action, the notary shall obtain a new stamp containing the

notary’s new name. Prior to performing any notarial act after such change, the notary shall mail or

deliver to the Secretary of State notice of the change of name and shall include a copy or impression of

the new stamp and the notary's new signature. The notary may use Form NC to change a name and

provide a new stamp and signature. The name on the stamp must identically match the name on the

form. A notary may not notarize under their new name before the change is processed by the secretary

of state. After a notary’s name is changed, the notary may not notarize under the former name. There

is no fee for a name change.

Notary Commission Follows the Notary

A notary commission, including the notary’s stamp and journal, belongs to the notary, regardless of who

paid for the commission, surety bond, stamp, or journal. A notary who provides notarial acts as part of

their job duties, and who leaves employment, should keep their notary stamp and journal. The notary

may provide a copy of any journal entries documenting notarial acts performed for the notary’s

employer. If the employer cancels the notary’s surety bond, the notary may purchase a new bond to

continue their commission.

Financial or Beneficial Interest

A notary may not perform a notarial act if the notary or the notary’s spouse is a party to or has a direct

financial or beneficial interest in the document.

A direct financial interest occurs if the notary is named in the document, individually, as a principal to

the transaction; or with respect to a real property transaction, is named in a record, individually, as a

grantor, grantee, mortgagor, mortgagee, trustor, trustee, beneficiary, vendor, vendee, lessor, or lessee

to the transaction.

A notary does not have a direct financial or beneficial interest in a transaction when the notary 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.

• For example: the fact that an attorney receives a fee for performing legal services, presently or in

the future, is not a direct beneficial interest resulting from the operation of the document or

notarization.

Advertising Notary Services

Notaries are required to adhere to the following requirements in state law regarding advertising of

notary services:

1. A notary shall not engage in false or deceptive advertising.

2. A notary, other than an attorney licensed to practice law in this state, may not use the term "notario"

or "notario publico" or any equivalent non-English term in any business card, advertisement, notice or

sign.

3. A notary, other than an attorney licensed to practice law in this state, shall not advertise or represent

that the notary may assist persons in drafting legal records, give legal advice or otherwise practice law.

If a notary who is not an attorney licensed to practice law in Kansas in any manner advertises or

represents that the notary offers notarial services, whether orally or in writing, including through

broadcast media, print media, and the internet, the notary shall include the following statement in the

advertisement or representation, prominently and in each language used in the advertisement or

representation and in each language in which notarial services are offered:

"I am not an attorney licensed to practice law in this state. I am not allowed to draft legal records,

give advice on legal matters, including immigration, or charge a fee for those activities."

4. If the form of advertisement is not broadcast media, print media or the internet and does not permit

inclusion of the above statement because of size, the statement shall be displayed prominently or

provided at the place where the notarial act is performed. Notice must be provided before the notarial

act is performed.

Prohibited Acts and Penalties

A Kansas notary is not authorized to:

• Assist persons in drafting legal records, give legal advice or otherwise practice law;

• Act as an immigration consultant or an expert on immigration matters;

• Represent a person in a judicial or administrative proceeding relating to immigration to the United

States, United States citizenship or related matters; or

• Receive compensation for performing any of the activities listed here.

• Notarize a document if the notary or the notary’s spouse is a party or in which either of them has a

direct financial or beneficial interest. A notarial act performed in violation of this provision is

voidable.

• Violate provisions regarding advertising;

• Use the term “notario” or “notario publico,” unless the notary is an attorney licensed to practice law

in Kansas.

• A notary shall not engage in false or deceptive advertising. Violation constitutes a deceptive act or

practice under the Kansas Consumer Protection Act.

• Violation of section 2 or 3 of the advertising provision constitutes a deceptive act or practice under

the Kansas Consumer Protection Act and is a class B misdemeanor.

• Except as otherwise allowed by law, a notary shall not withhold access to or possession of an

original record provided by a person who seeks a notarial act from the notary.

Failure to Attach the Notary’s Commission Expiration Date

A notary who willfully neglects or refuses to attach the notary’s commission expiration date when

notarizing a document is guilty of a Class C misdemeanor.

In-Person Electronic Notarizations (IPEN)

A Kansas notary may provide in-person electronic notarizations (IPEN), also known as e-notarizations.

An IPEN enables the signer to affix an electronic signature to an electronic document and enables the

notary to electronically notarize the document by placing the notary’s electronic signature and stamp on

the document.

An IPEN is subject to the same requirements as a notarization performed on a paper document; the only

difference is that the signature of the signer and the notary stamp and signature are affixed to the

document electronically. This includes the requirement that the signer of the document must be in the

physical presence of the notary at the time the document is notarized.

To comply with state law and regulation, the notary’s electronic signature and electronic stamp must be

tamper-evident and affixed using a digital certificate. Notary technology providers can provide the

notary with the software needed to perform IPEN and also may provide the digital certificate, or it may

be purchased separately.

Prior to performing IPEN, a notary must:

• Select a notary technology provider, obtain an electronic signature, electronic stamp, and digital

certificate (used to securely affix the notary’s signature to the notarized document).

• A notary must ensure the technology they choose to perform IPEN complies with state law and

regulation. The notary technology provider should be able to provide this assurance to the

notary. Notaries should choose an IPEN provider from the list of technology providers on file

with Secretary of State. The list of available providers is obtained on our web based resources.

• Have a commission number issued to the notary after submitting Form NO.

• Complete required testing and training and submit along with Form NC.

• Complete Form NC to notify the Secretary of State that the notary will provide IPEN services,

provide a copy of the electronic stamp to the Secretary of State, and pay the appropriate fee.

To perform an IPEN, the document is uploaded to the IPEN platform. The notary verifies the signer of

the document, and witnesses the signer sign the electronic document with an electronic signature. The

notary affixes or logically associates the notary’s electronic signature and electronic stamp to the

document along with the notary’s digital signature, which secures the document and makes it evident if

there are unauthorized attempts to alter the document once it has been notarized. The notary records

the notarial act in the notary’s electronic journal (IPEN technology providers generally provide an

electronic journal to the notary).

Remote Online Notarizations (RON)

A Kansas notary may provide notarizations for remotely located individuals, also referred to as remote

online notarizations (RON). RON allows a notary and a remotely located individual with an electronic

document to be notarized to communicate using audio-visual technology to satisfy the personal

appearance requirement, eliminating the need for the signer to be in the physical presence of the

notary at the time the document is notarized.

A notary may perform a RON for a signer who is in any location; however, the notary must be physically

in Kansas at the time of the notarization.

Notaries who provide RON will select one or more notary technology providers who can provide the

platform to perform RON. Generally, this includes the audio-visual communication technology, the

notary’s electronic signature, electronic stamp for use in a remote online notarization, the digital

certificate (which makes the notarized document tamper-evident), and the technology needed to

identify the signer of the document to be notarized. Note: some notary technology providers provide a

digital certificate as part of the notary platform, while others may require the notary to purchase a

digital certificate separately from another technology provider that offers digital certificates. Please

consult with the notary technology provider to make this determination.

Prior to performing RON, a notary must:

• Select a notary technology provider, obtain an electronic signature, electronic stamp, and digital

certificate (used to securely affix the notary’s signature to the notarized document).

• A notary must ensure the technology they choose to perform RON complies with state law and

regulation. The notary technology provider should be able to provide this assurance to the

notary. Notaries should choose an RON provider from the list of technology providers on file

with Secretary of State. The list of available providers is obtained on our web based resources.

• Have a commission number issued to the notary after submitting Form NO.

• Complete required testing and training and submit along with Form NC.

• Complete Form NC to notify the Secretary of State that the notary will provide RON services, provide

a copy of the electronic stamp to the Secretary of State, and pay the appropriate fee.

Remote Notarization Process: While specific processes may vary, below is a general overview the

process of providing a RON. The notary technology provider whose platform a notary uses to provide

RON may provide training and resources to assist a notary with completing a RON:

1. An individual with an electronic document to be notarized logs into the RON platform of a notary

technology provider. The signer (or notary) uploads the document to be notarized. The signer’s identity

is verified through a number of knowledge-based authentication (KBA) questions and credential

analysis. Once the signer’s identity is verified, the signer is connected to a notary to complete the RON.

The notary receives notice from the technology provider that the signer’s identity is verified.

2. The signer and the notary are connected on the RON platform. The platform’s audio-visual

technology must be of sufficient video resolution and audio clarity to enable the notary public and

signer to see and speak with each other throughout the recorded notarization session. This satisfies the

personal appearance requirement.

3. A notary who is performing a RON is encouraged to take the following steps when beginning a

remote notary session with a signer:

• The notary verbally identifies themselves by name.

• The notary asks the signer to verbally identify themself. The notary also should use traditional

identification methods (such as comparing the signer’s identity credential to the signer) to verify the

signer.

• The notary asks the signer if the signer is knowingly and voluntarily executing the document.

• The notary asks the signer if the signer understands the notary session is being recorded.

4. The signer signs the electronic document with an electronic signature. The notary completes the

electronic notarial certificate, applies the notary’s electronic signature, stamp, and digital certificate.

Attachment of the digital certificate secures the document and makes it evident if there are

unauthorized attempts to alter the document once it has been notarized. An electronic notarial

certificate must include the same information required for a notarial certificate on a paper document.

In addition, the certificate must include a statement substantially as follows: “This notarial act involved

the use of communication technology.”

5. The notary records the notarial act in the notary’s electronic journal and saves the journal entry and

audio-visual recording of the notarial act (the electronic journal and audio-visual recording are generally

provided as part of the RON platform and the platform provider may retain both on the notary’s behalf).

If at any point during the notarization session the signer must exit the session, the session must be

restarted from the beginning, including the identity verification process of the signer.

Audio-Visual Recordings and RON Electronic Notary Journal: The requirements for an audio-visual

recording of a RON shall include, at minimum:

• Confirmation by the notary that the signer has successfully completed identity verification and

credential analysis.

• Visual confirmation of the identity of the signer through visual inspection of the credential used

during credential analysis.

• The actual notarial act performed.

If the individual is personally known to the notary, the notary should include a statement to that effect

as part of the notarization session.

A notary who performs RON must retain an electronic journal and any audio-visual recordings in a way

that protects the journal and recordings against unauthorized access by password or other secure

means. A notary must take reasonable steps to ensure that a backup of the journal and audio-visual

recordings exists and is secure from unauthorized use. A notary journal and audio-visual recording must

be retained for at least 10 years after the last notarial act and recording is made. A RON technology

provider may provide these services to notaries who use the provider’s RON platform.

On the death or adjudication of incompetency of a current or former notary, the notary's personal

representative or guardian or any other person knowingly in possession of a journal in an electronic

format or audio-visual recording must:

• Comply with the retention requirements;

• Transmit the journal and audio-visual recording to one or more repositories; or

• Transmit the journal and audio-visual recording in an industry-standard readable data storage

device to the Secretary of State.

Alternatively, a notary, guardian, conservator, or agent of a notary, or a personal representative of a

deceased notary may, by written contract, engage a third party to act as a repository to provide the

storage of the electronic notary journal and audio-visual recordings. The contract shall meet the

requirements established in state regulation.

Notaries should choose a repository from the list of providers on file with Secretary of State. The list of

providers is obtained on our web based resources.

RON for Individuals Outside the United States: Certain provisions apply to a RON notarization for an

individual located outside the United States. For these individuals, a notary may perform a notarial act

only for a document that meets one of the following requirements:

• The document is to be filed with or relates to a matter before a public official or court,

governmental entity, or other entity subject to the jurisdiction of the United States.

• This may be a judicial proceeding (such as a lawsuit in which the record will be submitted), a

matter before an administrative agency (such as a matter before a federal or state regulatory

board), or a matter that is before another governmental or non-governmental entity (such as a

record that will be submitted to a corporate entity). The court, agency, or other entity must be

located in the territorial jurisdiction of the United States, although the location of the court,

agency, or other entity need not be in the same state in which the notary public is performing

the notarial act.

• The document involves property located in the territorial jurisdiction of the United States or involves

a transaction substantially connected with the United States.

• The property may be either real or personal property. It need not be located in the same state

in which the notary public is performing the notarial act.

• For example: the matter may involve an acknowledgement on a deed that is transferring

real property located anywhere in the United States, or it may involve an affidavit filed

regarding a transfer of a decedent’s personal property located anywhere in the United

States.

• The act of making the statement or signing the document is not prohibited by the foreign state in

which the remotely located individual is located.

• A notarization for a person located outside the U.S. is performed in the state in which the

notary is commissioned and is performing the notarial act. However, if the act is performed for

an individual located in a foreign country, that nation nevertheless might seek to impose a

penalty on the remotely located individual, the notary, or both for performing the notarial act.

Thus, in order for the notarization to be permitted, the act of making the statement or signing

the document must not be prohibited in the foreign country in which the remotely located

individual is situated. This provision is not intended to impose a requirement upon a notary to

translate, understand, or interpret the laws of foreign countries. Instead, it is intended to alert

international users of remote notarial services that they may be exposed to sanctions under

the laws of other countries.

Notary Training and Testing Required for IPEN and RON

Before performing IPEN or RON a notary shall complete training and pass an examination that covers

the laws, rules, procedures, and ethics relevant to notarial acts. The training and examination are

provided at no cost on the Secretary of State’s website (See Additional Resources). A notary who

chooses to perform IPEN or RON should complete the training and examination, print the certificate

that is generated upon passage of the examination and submit it to the Secretary of State with the

notary’s registration to perform IPEN or RON. A notary may take the examination as many times as

needed to pass.

In addition, many organizations and associations offer notary training courses. Notaries may want to

consider additional training opportunities in addition to the required training.

The notary technology provider(s) that a notary chooses to use to perform IPEN or RON generally also

offer platform-specific training to notaries.

While training and passage of the examination are required for any notary who wishes to provide IPEN

or RON, any current notary or notary applicant who does not intend to provide IPEN or RON also may

complete the training and examination for their own benefit.

Apostilles and Authentications

For documents notarized by a Kansas notary that will be used outside of the United States, the Kansas

Secretary of State may provide an apostille or an authentication that verifies the notary’s signature and

stamp. A notary is not permitted to issue an apostille or authentication; however, a notary must ensure

the notarization on a document is completed correctly. The Kansas Secretary of State’s office cannot

provide an apostille or authentication for a document with an incorrect or incomplete notarial

certificate.

Apostille

An apostille is a certificate issued by the Kansas Secretary of State that verifies the seal and signature of

public officials and notaries on a state-issued document that enables the document to be recognized in

foreign countries that are members of the 1961 Hague Convention Treaty regarding public documents.

Authentication

An authentication is a certificate issued by the Kansas Secretary of State that verifies the seal and

signature of public officials and notaries on a state-issued document that enables the document to be

recognized in countries that are not members of the 1961 Hague Convention Treaty.

• An apostille or authentication does not validate the contents of the document. It verifies the public

official who signed the document or the notary who notarized the document.

• An apostille or authentication may be obtained for the following documents:

• Kansas birth certificates

• Kansas marriage certificates

• Kansas death certificates

• Kansas divorce decrees

• Diplomas and transcripts from Kansas schools

• Judgments from a Kansas court

• Other documents issued by a public authority or notarized by a Kansas notary

NOTE: Public documents, such as those listed above, on file with a public office or agency must be

certified by that office or agency. Many public documents contain a warning that the document is not

to be copied. These documents should not be copied and certified. A notary may be sanctioned by the

Secretary of State for providing a certified copy of such a document.

Short Form Notarial Certificates

The short form notarial certificates that follow serve as a guide to help ensure a notarial certificate is

properly completed. However, there may be variations in notarial certificates that are printed on a

document. For example, some preprinted certificates include a place for information to be provided

that is included in the notary’s stamp (such as commission expiration date). If a notary includes their

commission expiration date as part of their stamp, it is not necessary to enter this information on the

preprinted form, as long as the notary affixes their stamp to the certificate. A notary should draw a line

through and initial any item on a preprinted certificate that is intentionally not completed. The notary

may not alter the legal document; only the certificate.

The certificate must identify the title of office of the notarial officer. The officer may be notary or clerk

of the court. The notarial officer may also be an individual in a military service or performing duties

under the authority of a military service, in which case the individual’s rank or position should be

identified.

If used in the performance of a notarial act for a remotely located individual, any short form certificate

must contain a statement substantially as follows: “This notarial act involved the use of communication

technology.”

For an acknowledgment in an individual capacity:

State of ___Kansas__________________________

County of __Shawnee_______________________

This record was acknowledged before me on __1/1/2021______ by ___John Doe_______

Date Name(s) of person(s)

__Sue Smith_______________

Signature of notarial officer

Official Stamp

__Notary Public____________

Title of office

My commission expires: ____1/1/2023_____

For an acknowledgment in a representative capacity:

State of ___Kansas__________________________

County of __Shawnee_______________________

This record was acknowledged before me on ___1/1/2021_____ by ____John Smith_________

Date Name(s) of person(s)

as _________President_____________________of __________ABC Company_______________

(type of authority, such as officer or trustee) (name of party on behalf of whom

record was executed)

__Jane Doe________________

Signature of notarial officer

Official Stamp

__Notary Public ____________

Title of office

My commission expires: ____1/1/2023_____

For a verification on oath or affirmation:

State of ___Kansas___________________________

County of __Shawnee_______________________

Signed and sworn to (or affirmed) before me on ___1/1/2021____ by ______John Doe ___________

Date Name(s) of person(s) making

statement

__Sue Smith_______________

Signature of notarial officer

Official Stamp

__Notary Public ____________

Title of office

My commission expires: ____1/1/2023_____

For witnessing or attesting a signature:

State of ___Kansas__________________________

County of __Shawnee_______________________

Signed [or attested] before me on ___1/1/2021____ by ______John Doe ______

Date Name(s) of person(s)

__Sue Smith________________

Signature of notarial officer

Official Stamp

__Notary Public _____________

Title of office

My commission expires: ____1/1/2023_____

For certifying a copy of a record:

State of ___Kansas__________________________

County of __Shawnee_______________________

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

of ______John Doe________________. Dated ___1/1/2021____

__Sue Smith________________

Signature of notarial officer

Official Stamp

_ Notary Public_____________

Title of office

My commission expires: ____1/1/2023_____

For power of attorney in a representative capacity:

State of ___Kansas__________________________

County of __Shawnee_______________________

This instrument was signed before me on __1/1/2021______ by ___John Doe________

Date Name(s) of designees(s)

as (power of attorney) of _________________________________________________

name of party on behalf of whom instrument was executed.

__Sue Smith________________

Signature of notarial officer

Official Stamp

__Notary Public _____________

Title of office

My commission expires: ____1/1/2023_____

Glossary

In-person electronic notarization (IPEN). A notarial act in which the signer of a document affixes an

electronic signature to an electronic document and the notary electronically notarizes the document by

placing the notary’s electronic signature and stamp on the document and affixing or logically associating

the notary’s digital certificate, which secures the document and makes it tamper-evident.

"Notarial act" means an act, whether performed with respect to a tangible or electronic record, that a

notarial officer (including a notary) may perform under the law of this state. "Notarial act" includes

taking an acknowledgment, administering an oath or affirmation, taking a verification on oath or

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

negotiable instrument. The notarization of a document is a notarial act.

Notary technology provider. An internet-based provider of the technology that a notary uses on the

technology provider’s platform (website) to provide in-person electronic notarizations or remote online

notarizations.

Remote online notarization (RON). A notarial act performed for a remotely located individual in which

the signer of a document affixes an electronic signature to an electronic document and the notary

notarizes the document by placing the notary’s electronic signature and stamp on the document and

affixing or logically associating the notary’s digital certificate, which secures the document and makes it

tamper-evident. The notary and signer use communication technology, provided by a RON technology

provider, that enables the notary and signer to see and hear each other throughout the notary session

which satisfies the personal appearance requirement.

Additional Resources

• Web based resources (sos.ks.gov/general-services/notary.html)

• Form NO (sos.ks.gov/forms/administration/NO.pdf)

• Form NC (sos.ks.gov/forms/administration/NC.pdf)

• Online training and electronic Form NO/NC submission login

(sos.ks.gov/eforms/user_login.aspx?frm=NO)