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chapter-53•Chapter 53 — Notaries Public and Commissioners
Unofficial online text published by the Kansas Office of Revisor of Statutes; the printed volumes of the Kansas Statutes Annotated are the authoritative version. Current through the 2025 session laws.
History: G.S. 1868, ch. 71, § 1; L. 1903, ch. 373, § 1; R.S. 1923, 53-101; L. 1951, ch. 326, § 1; L. 1963, ch. 294, § 1; L. 1967, ch. 297, § 1; L. 1975, ch. 285, § 1; L. 1976, ch. 237, § 1; L. 1980, ch. 159, § 1; L. 1987, ch. 205, § 3; Repealed, L. 2021, ch. 64, § 43; January 1, 2022.
History: G.S. 1868, ch. 71, § 2; R.S. 1923, 53-102; L. 1967, ch. 297, § 2; L. 1975, ch. 285, § 2; L. 1980, ch. 159, § 2; L. 1984, ch. 201, § 13; Repealed, L. 2021, ch. 64, § 43; January 1, 2022.
History: G.S. 1868, ch. 71, § 3; R.S. 1923, 53-103; L. 1975, ch. 285, § 3; Repealed, L. 2021, ch. 64, § 43; January 1, 2022.
History: G.S. 1868, ch. 71, § 4; R.S. 1923, 53-104; L. 1955, ch. 264, § 1; L. 1963, ch. 294, § 2; L. 1975, ch. 285, § 4; L. 1981, ch. 217, § 1; L. 2001, ch. 5, § 189; Repealed, L. 2021, ch. 64, § 43; January 1, 2022.
History: G.S. 1868, ch. 71, § 5; L. 1881, ch. 116, § 1; R.S. 1923, 53-105; L. 1967, ch. 298, § 1; L. 1970, ch. 213, § 1; L. 1975, ch. 285, § 5; L. 1980, ch. 159, § 3; L. 1987, ch. 205, § 4; Repealed, L. 2021, ch. 64, § 43; January 1, 2022.
History: L. 1980, ch. 159, § 4; Repealed, L. 2021, ch. 64, § 43; January 1, 2022.
History: L. 1881, ch. 116, § 2; R.S. 1923, 53-106; L. 1975, ch. 285, § 6; L. 1980, ch. 159, § 5; Repealed, L. 2021, ch. 64, § 43; January 1, 2022.
History: G.S. 1868, ch. 71, § 6; L. 1905, ch. 311, § 1; R.S. 1923, 53-107; L. 1963, ch. 294, § 3; L. 1967, ch. 297, § 3; L. 1975, ch. 285, § 7; L. 1980, ch. 159, § 6; L. 1984, ch. 201, § 14; Repealed, L. 2021, ch. 64, § 43; January 1, 2022.
History: L. 1905, ch. 311, § 2; R.S. 1923, 53-108; Repealed, L. 1980, ch. 159, § 12; July 1.
History: L. 1915, ch. 258, § 1; R.S. 1923, 53-109; L. 1980, ch. 159, § 7; Repealed, L. 2021, ch. 64, § 43; January 1, 2022.
History: L. 1871, ch. 110 § 2; R.S. 1923, 53-110; Repealed, L. 1980, ch. 159, § 12; July 1.
History: G.S. 1868, ch. 71, § 7; R.S. 1923, 53-111; Repealed, L. 1976, ch. 237, § 3; July 1.
History: G.S. 1868, ch. 71, § 8; R.S. 1923, 53-112; Repealed, L. 1975, ch. 285, § 9; July 1.
History: G.S. 1868, ch. 71, § 9; R.S. 1923, 53-113; Repealed, L. 2021, ch. 64, § 43; January 1, 2022.
History: L. 1975, ch. 285, § 8; L. 1980, ch. 159, § 8; Repealed, L. 2021, ch. 64, § 43; January 1, 2022.
History: L. 1976, ch. 237, § 2; Repealed, L. 2021, ch. 64, § 43; January 1, 2022.
History: L. 1980, ch. 159, § 9; Repealed, L. 2021, ch. 64, § 43; January 1, 2022.
History: L. 1980, ch. 159, § 10; Repealed, L. 2021, ch. 64, § 43; January 1, 2022.
History: L. 1980, ch. 159, § 11; L. 2006, ch. 14, § 2; Repealed, L. 2021, ch. 64, § 43; January 1, 2022.
History: L. 1987, ch. 205, § 1; Repealed, L. 2021, ch. 64, § 43; January 1, 2022.
History: L. 1987, ch. 205, § 2; Repealed, L. 2021, ch. 64, § 43; January 1, 2022.
History: L. 2006, ch. 14, § 1; Repealed, L. 2021, ch. 64, § 43; January 1, 2022.
History: G.S. 1868, ch. 20, § 1; L. 1895, ch. 113, § 2; R.S. 1923, 53-201; Repealed, L. 1984, ch. 201, § 17; July 1.
History: G.S. 1868, ch. 20, § 2; R.S. 1923, 53-202; Repealed, L. 1984, ch. 201, § 17; July 1.
History: G.S. 1868, ch. 20, § 3; R.S. 1923, 53-203; L. 1977, ch. 105, § 17; Repealed, L. 1984, ch. 201, § 17; July 1.
History: L. 1970, ch. 214, §§ 1 to 9; Repealed, L. 1984, ch. 201, § 17; July 1.
(a) The state of Kansas hereby declares its intent to accede to the Hague convention 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 appointed pursuant to K.S.A. 75-412, shall affix to the document the certificate required by the convention. The secretary of state shall maintain a record of all documents certified under this section and shall charge $5 for certification of any such document.
History: L. 1981, ch. 318, § 1; July 1.
History: L. 1984, ch. 201, § 11; Repealed, L. 2021, ch. 64, § 43; January 1, 2022.
History: L. 1984, ch. 201, § 1; Repealed, L. 2021, ch. 64, § 43; January 1, 2022.
History: L. 1984, ch. 201, § 2; Repealed, L. 2021, ch. 64, § 43; January 1, 2022.
History: L. 1984, ch. 201, § 3; L. 1998, ch. 81, § 3; Repealed, L. 2021, ch. 64, § 43; January 1, 2022.
History: L. 1984, ch. 201, § 4; Repealed, L. 2021, ch. 64, § 43; January 1, 2022.
History: L. 1984, ch. 201, § 5; Repealed, L. 2021, ch. 64, § 43; January 1, 2022.
History: L. 1984, ch. 201, § 6; Repealed, L. 2021, ch. 64, § 43; January 1, 2022.
History: L. 1984, ch. 201, § 7; Repealed, L. 2021, ch. 64, § 43; January 1, 2022.
History: L. 1984, ch. 201, § 8; L. 1987, ch. 205, § 5; L. 2009, ch. 73, § 1; Repealed, L. 2021, ch. 64, § 43; January 1, 2022.
History: L. 1984, ch. 201, § 9; Repealed, L. 2021, ch. 64, § 43; January 1, 2022.
History: L. 1984, ch. 201, § 10; Repealed, L. 2021, ch. 64, § 43; January 1, 2022.
All notarial acts performed by a notary public of this state while the requirements that a person must appear before a notary public are suspended pursuant to an executive order or other state law, shall be valid as if the individual had appeared before the notary public, notwithstanding any failure of any individual to appear personally before the notary public, if the notarial act meets all requirements prescribed by such executive order or other state law and all requirements prescribed by law that do not relate to appearance before the notary public.
History: L. 2020, ch. 1, § 17 (Special Session); June 9.
(a) K.S.A. 53-5a01 through 53-5a31, and amendments thereto, shall be known and may be cited as the revised uniform law on notarial acts.
(b) This section shall take effect on and after January 1, 2022.
History: L. 2021, ch. 64, § 1; July 1.
As used in the revised uniform law on notarial acts:
(a) "Acknowledgment" means a declaration by an individual before a notarial officer that the individual has signed a record for the purpose stated in the record and, if the record is signed in a representative capacity, that the individual signed the record with proper authority and signed it as the act of the individual or entity identified in the record.
(b) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities.
(c) "Electronic signature" means an electronic symbol, sound or process attached to or logically associated with a record and executed or adopted by an individual with the intent to sign the record.
(d) "In a representative capacity" means acting as:
(1) An authorized officer, agent, partner, trustee or other representative for a person other than an individual;
(2) a public officer, personal representative, guardian or other representative, in the capacity stated in a record;
(3) an agent or attorney-in-fact for a principal; or
(4) an authorized representative of another in any other capacity.
(e) "Notarial act" means an act, whether performed with respect to a tangible or electronic record, that a notarial officer 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.
(f) "Notarial officer" means a notary public or other individual authorized to perform a notarial act.
(g) "Notary public" means an individual commissioned to perform a notarial act by the secretary of state.
(h) "Official stamp" means a physical image affixed to or embossed on a tangible record or an electronic image attached to or logically associated with an electronic record, including an official notary seal.
(i) "Person" means an individual, corporation, business trust, statutory trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality or any other legal or commercial entity.
(j) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(k) "Sign" means, with present intent to authenticate or adopt a record, to:
(1) Execute or adopt a tangible symbol; or
(2) attach to or logically associate with the record an electronic symbol, sound or process.
(l) "Signature" means a tangible symbol or an electronic signature that evidences the signing of a record.
(m) "Stamping device" means:
(1) A physical device capable of affixing to or embossing on a tangible record an official stamp; or
(2) an electronic device or process capable of attaching to or logically associating with an electronic record an official stamp.
(n) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States.
(o) "Verification on oath or affirmation" means a declaration, made by an individual on oath or affirmation before a notarial officer, that a statement in a record is true.
(p) This section shall take effect on and after January 1, 2022.
History: L. 2021, ch. 64, § 2; July 1.
(a) This act applies to a notarial act performed on or after January 1, 2022.
(b) This section shall take effect on and after January 1, 2022.
History: L. 2021, ch. 64, § 3; July 1.
(a) A notarial officer may perform the following notarial acts:
(1) Taking an acknowledgment;
(2) administering an oath or affirmation;
(3) taking a verification upon oath or affirmation;
(4) witnessing or attesting a signature;
(5) certifying or attesting a copy;
(6) noting a protest of a negotiable instrument; and
(7) performing a notarial act authorized by the law of this state.
(b) A notarial officer may certify that a tangible copy of an electronic record is an accurate copy of the electronic record.
(c) This section shall take effect on and after January 1, 2022.
History: L. 2021, ch. 64, § 4; July 1.
(a) A notarial officer who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the acknowledgment has the identity claimed and that the signature on the record is the signature of the individual.
(b) A notarial officer who takes a verification of a statement on oath or affirmation shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the verification has the identity claimed and that the signature on the statement verified is the signature of the individual.
(c) A notarial officer who witnesses or attests to a signature shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and signing the record has the identity claimed.
(d) A notarial officer who certifies or attests a copy of a record or an item that was copied shall determine that the copy is a full, true and accurate transcription or reproduction of the record or item.
(e) A notarial officer who makes or notes a protest of a negotiable instrument shall determine the matters provided in K.S.A. 84-3-505(b), and amendments thereto.
(f) This section shall take effect on and after January 1, 2022.
History: L. 2021, ch. 64, § 5; July 1.
(a) If a notarial act relates to a statement made in or a signature executed on a record, the individual making the statement or executing the signature shall appear personally before the notarial officer.
(b) This section shall take effect on and after January 1, 2022.
History: L. 2021, ch. 64, § 6; July 1.
(a) A notarial officer has personal knowledge of the identity of an individual appearing before the officer if the individual is personally known to the officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed.
(b) A notarial officer has satisfactory evidence of the identity of an individual appearing before the officer if the officer can identify the individual:
(1) By means of:
(A) A passport, driver's license or government-issued nondriver identification card that is current or expired not more than three years before performance of the notarial act; or
(B) another form of government identification issued to an individual that is current or expired not more than three years before performance of the notarial act, contains the signature and a photograph of the individual and is satisfactory to the officer; or
(2) by a verification on oath or affirmation of a credible witness personally appearing before the officer and known to the officer or whom the officer can identify on the basis of a passport, driver's license or government-issued nondriver identification card that is current or expired not more than three years before performance of the notarial act.
(c) A notarial officer may require an individual to provide additional information or identification credentials necessary to assure the officer of the identity of the individual.
(d) This section shall take effect on and after January 1, 2022.
History: L. 2021, ch. 64, § 7; July 1.
(a) A notarial officer may refuse to perform a notarial act if the officer is not satisfied that the:
(1) Individual executing the record is competent or has the capacity to execute the record; or
(2) individual's signature is knowingly and voluntarily made.
(b) A notarial officer may refuse to perform a notarial act unless refusal is prohibited by the law of this state or by federal law.
(c) This section shall take effect on and after January 1, 2022.
History: L. 2021, ch. 64, § 8; July 1.
(a) If an individual is physically unable to sign a record, the individual may direct an individual other than the notarial officer to sign the individual's name on the record. The notarial officer shall insert:
"Signature affixed by (name other than the individual) at the direction of (name of individual)" or similar words.
(b) This section shall take effect on and after January 1, 2022.
History: L. 2021, ch. 64, § 9; July 1.
(a) A notarial act may be performed in this state by:
(1) A notary public of this state;
(2) a judge, clerk or deputy clerk of any court of this state;
(3) a county clerk or deputy county clerk;
(4) an election commissioner or assistant election commissioner; or
(5) any other person authorized to perform the specific act by the law of this state.
(b) The signature and title of 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.
(c) The signature and title of a notarial officer described in subsection (a)(1), (a)(2), (a)(3) or (a)(4) conclusively establish the authority of the officer to perform the notarial act.
(d) This section shall take effect on and after January 1, 2022.
History: L. 2021, ch. 64, § 10; July 1.
(a) A notarial act performed in another state has the same effect under the law of this state as if performed by a notarial officer of this state if the act performed in that state is performed by:
(1) A notary public of that state;
(2) a judge, clerk or deputy clerk of a court of that state; or
(3) any other individual authorized by the laws of that state to perform the notarial act.
(b) The signature and title of an individual performing a notarial act in another state are prima facie evidence that the signature is genuine and that the individual holds the designated title.
(c) The signature and title of a notarial officer described in subsection (a)(1) or (a)(2) conclusively establish the authority of the officer to perform the notarial act.
(d) This section shall take effect on and after January 1, 2022.
History: L. 2021, ch. 64, § 11; July 1.
(a) A notarial act performed under the authority and in the jurisdiction of a federally recognized Indian tribe has the same effect under the law of this state as if performed by a notarial officer of this state, if the act performed in the jurisdiction of the tribe is performed by:
(1) A notary public of the tribe;
(2) a judge, clerk or deputy clerk of a court of the tribe; or
(3) any other individual authorized by the law of the tribe to perform the notarial act.
(b) The signature and title of an individual performing a notarial act under the authority of and in the jurisdiction of a federally recognized Indian tribe are prima facie evidence that the signature is genuine and that the individual holds the designated title.
(c) The signature and title of a notarial officer described in subsection (a)(1) or (a)(2) conclusively establish the authority of the officer to perform the notarial act.
(d) This section shall take effect on and after January 1, 2022.
History: L. 2021, ch. 64, § 12; July 1.
(a) A notarial act performed under federal law has the same effect under the law of this state as if performed by a notarial officer of this state, if the act performed under federal law is performed by:
(1) A judge, clerk or deputy clerk of a court;
(2) an individual in military service or performing duties under the authority of military service who is authorized to perform notarial acts under federal law;
(3) an individual designated a notarizing officer by the United States department of state for performing notarial acts overseas; or
(4) any other individual authorized by federal law to perform the notarial act.
(b) The signature and title of an individual acting under federal authority and performing a notarial act are prima facie evidence that the signature is genuine and that the individual holds the designated title.
(c) The signature and title of an officer described in subsection (a)(1), (a)(2) or (a)(3) conclusively establish the authority of the officer to perform the notarial act.
(d) This section shall take effect on and after January 1, 2022.
History: L. 2021, ch. 64, § 13; July 1.
(a) If a notarial act is performed under authority and in the jurisdiction of a foreign state or constituent unit of the foreign state or is performed under the authority of a multinational or international governmental organization, the act has the same effect under the law of this state as if performed by a notarial officer of this state.
(b) If the title of office and indication of authority to perform notarial acts in a foreign state appears in a digest of foreign law or in a list customarily used as a source for that information, the authority of an officer with that title to perform notarial acts is conclusively established.
(c) The signature and official stamp of an individual holding an office described in subsection (b) are prima facie evidence that the signature is genuine and the individual holds the designated title.
(d) An apostille in the form prescribed by the hague convention of October 5, 1961, and issued by a foreign state party to the convention conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office.
(e) A consular authentication issued by an individual designated by the United States department of state as a notarizing officer for performing notarial acts overseas and attached to the record with respect to which the notarial act is performed conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office.
(f) As used in this section, "foreign state" means a government other than the United States, a state or a federally recognized Indian tribe.
(g) This section shall take effect on and after January 1, 2022.
History: L. 2021, ch. 64, § 14; July 1.
(a) A remotely located individual may comply with K.S.A. 53-5a06, and amendments thereto, by using communication technology to appear before a notary public.
(b) A notary public located in this state may perform a notarial act using communication technology for a remotely located individual if:
(1) The notary public:
(A) Has personal knowledge under K.S.A. 53-5a07(a), and amendments thereto, of the identity of the individual;
(B) has satisfactory evidence of the identity of the remotely located individual by oath or affirmation from a credible witness appearing before the notary public under this section or K.S.A. 53-5a07(b), and amendments thereto; or
(C) has obtained satisfactory evidence of the identity of the remotely located individual by using at least two different types of identity proofing;
(2) the notary public is able reasonably to confirm that a record before the notary public is the same record in which the remotely located individual made a statement or on which the individual executed a signature;
(3) the notary public, or a person acting on behalf of the notary public, creates an audio-visual recording of the performance of the notarial act; and
(4) for a remotely located individual located outside the United States:
(A) The record:
(i) Is to be filed with or relates to a matter before a public official or court, governmental entity or other entity subject to the jurisdiction of the United States; or
(ii) involves property located in the territorial jurisdiction of the United States or involves a transaction substantially connected with the United States; and
(B) the act of making the statement or signing the record is not prohibited by the foreign state in which the remotely located individual is located.
(c) If a notarial act is performed under this section, the certificate of notarial act required by K.S.A. 53-5a16, and amendments thereto, and the short-form certificate provided in K.S.A. 53-5a17, and amendments thereto, shall indicate that the notarial act was performed using communication technology.
(d) A short-form certificate provided in K.S.A. 53-5a17, and amendments thereto, for a notarial act subject to this section is sufficient if it:
(1) Complies with rules and regulations adopted pursuant to K.S.A. 53-5a27, and amendments thereto; or
(2) is in the form provided in K.S.A. 53-5a17, and amendments thereto, and contains a statement substantially as follows: "This notarial act involved the use of communication technology."
(e) A notary public, a guardian, conservator or agent of a notary public or a personal representative of a deceased notary public, shall retain the audio-visual recording created under subsection (b)(3) or cause the recording to be retained by a repository designated by or on behalf of the person required to retain the recording. Unless a different period is required by rules and regulations adopted pursuant to K.S.A. 53-5a27, and amendments thereto, the recording shall be retained for a period of at least 10 years after the recording is made.
(f) Before a notary public performs the notary public's initial notarial act under this section, the notary public shall notify the secretary of state that the notary public will be performing notarial acts with respect to remotely located individuals, identify the technologies the notary public intends to use and provide evidence of completion of the course of study and passing of the examination required by K.S.A. 53-5a23, and amendments thereto. If the secretary of state has established standards in rules and regulations adopted pursuant to K.S.A. 53-5a27, and amendments thereto, for approval of communication technology or identity proofing, the communication technology and identity proofing shall conform to the standards. A notary public notifying the secretary of state under this section shall pay an information and services fee in an amount to be determined by the secretary of state but not to exceed $25. The 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 information and services fee fund.
(g) As used in this section:
(1) "Communication technology" means an electronic device or process that:
(A) Allows a notary public and a remotely located individual to communicate with each other simultaneously by sight and sound; and
(B) when necessary and consistent with other applicable law, facilitates communication with a remotely located individual who has a vision, hearing or speech impairment.
(2) "Foreign state" means a jurisdiction other than the United States, a state or a federally recognized Indian tribe.
(3) "Identity proofing" means a process or service by which a third person provides a notary public with a means to verify the identity of a remotely located individual by a review of personal information from public or private data sources.
(4) "Outside the United States" means a location outside the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, and any territory, insular possession or other location subject to the jurisdiction of the United States.
(5) "Remotely located individual" means an individual who is not in the physical presence of the notary public who performs a notarial act under subsection (b).
(h) This section shall take effect on and after January 1, 2022.
History: L. 2021, ch. 64, § 15; July 1.
(a) A notarial act shall be evidenced by a certificate that shall:
(1) Be executed contemporaneously with the performance of the notarial act;
(2) be signed and dated by the notarial officer and, if the notarial officer is a notary public, be signed in the same manner as on file with the secretary of state;
(3) identify the jurisdiction in which the notarial act is performed;
(4) contain the title of office of the notarial officer; and
(5) if the notarial officer is a notary public, indicate the date of expiration, if any, of the officer's commission.
(b) If a notarial act regarding a tangible record is performed by a notary public, an official stamp shall be affixed to or embossed on the certificate. If a notarial act is performed regarding a tangible record by a notarial officer other than a notary public and the certificate contains the information specified in subsections (a)(2), (a)(3) and (a)(4), an official stamp may be affixed to or embossed on the certificate. If a notarial act regarding an electronic record is performed by a notarial officer and the certificate contains the information specified in subsections (a)(2), (a)(3), (a)(4) and (a)(5), an official stamp may be attached to or logically associated with the certificate.
(c) A certificate of a notarial act is sufficient if it meets the requirements of subsections (a) and (b) and:
(1) Is in a short form set forth in K.S.A. 53-5a17, and amendments thereto;
(2) is in a form otherwise permitted by the law of this state;
(3) is in a form permitted by the law applicable in the jurisdiction in which the notarial act was performed; or
(4) sets forth the actions of the notarial officer and the actions are sufficient to meet the requirements of the notarial act as provided in K.S.A. 53-5a05, 53-5a06 and 53-5a07, and amendments thereto, or the law of this state.
(d) By executing a certificate of a notarial act, a notarial officer certifies that the officer has complied with the requirements and made the determinations specified in K.S.A. 53-5a04, 53-5a05 and 53-5a06, and amendments thereto.
(e) A notarial officer shall not affix the officer's signature to, or logically associate it with, a certificate until the notarial act has been performed.
(f) If a notarial act is performed regarding a tangible record, a certificate shall be part of, or securely attached to, the record. If a notarial act is performed regarding an electronic record, the certificate shall be affixed to, or logically associated with, the electronic record. If the secretary of state has established standards in rules and regulations adopted pursuant to K.S.A. 53-5a27, and amendments thereto, for attaching, affixing or logically associating the certificate, the process shall conform to the standards.
(g) If a notary public willfully neglects or refuses to attach to a notarial certificate the date of expiration of the notary public's commission, as provided in subsection (a)(5), then the notary public is guilty of a class C nonperson misdemeanor.
(h) This section shall take effect on and after January 1, 2022.
History: L. 2021, ch. 64, § 16; July 1.
The secretary of state shall adopt rules and regulations providing short-form certificates of notarial acts that are sufficient for the purposes indicated if completed with the information required by law.
History: L. 2021, ch. 64, § 17; July 1.
(a) The official stamp of a notary public shall include the notary public's name exactly as it appears on the application for commission as a notary public, the words "notary public" and "State of Kansas", and other information required by the secretary of state, and be capable of being copied together with the record to which it is affixed or attached or with which it is logically associated. No notary public shall use such stamp unless an impression thereof has been filed in the office of the secretary of state.
(b) This section shall take effect on and after January 1, 2022.
History: L. 2021, ch. 64, § 18; July 1.
(a) A notary public is responsible for the security of the notary public's stamping device and shall not allow another individual to use the device to perform a notarial act. On resignation from, or the revocation or expiration of, the notary public's commission, or on the expiration of the date set forth in the stamping device, if any, the notary public shall disable the stamping device by destroying, defacing, damaging, erasing or securing it against use in a manner that renders it unusable. On the death or adjudication of incompetency of a notary public, the notary public's personal representative or guardian or any other person knowingly in possession of the stamping device shall render it unusable by destroying, defacing, damaging, erasing or securing it against use in a manner that renders it unusable.
(b) If a notary public's stamping device is lost or stolen, the notary public or the notary public's personal representative or guardian shall promptly notify the secretary of state on discovering that the device is lost or stolen.
(c) This section shall take effect on and after January 1, 2022.
History: L. 2021, ch. 64, § 19; July 1.
(a) A notary public shall maintain a journal in which the notary public chronicles all notarial acts that the notary public performs. The notary public shall retain the journal for 10 years after the performance of the last notarial act chronicled in the journal.
(b) A journal shall be created on a tangible medium or in an electronic format. A notary public shall maintain only one journal in a tangible medium or one or more journals in an electronic format to chronicle all notarial acts performed regarding electronic records. If the journal is maintained on a tangible medium, 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.
(c) An entry in a journal shall be made contemporaneously with performance of the notarial act and contain the following information:
(1) The date and time of the notarial act;
(2) a description of the record, if any, and type of notarial act;
(3) the full name and address of each individual for whom the notarial act is performed;
(4) if identity of the individual is based on personal knowledge, a statement to that effect;
(5) if identity of the individual is based on satisfactory evidence, a brief description of the method of identification and the identification credential presented, if any, including the date of issuance and expiration of any identification credential; and
(6) the fee, if any, charged by the notary public.
(d) If a notary public's journal is lost or stolen, the notary public shall promptly notify the secretary of state on discovering that the journal is lost or stolen.
(e) On resignation from, or the revocation or suspension of, a notary public's commission, the notary public shall retain the notary public's journal in accordance with subsection (a) and inform the secretary of state where the journal is located.
(f) Instead of retaining a journal as provided in subsections (a) and (e), a current or former notary public may transmit the journal to a repository approved by the secretary of state.
(g) On the death or adjudication of incompetency of a current or former notary public, the notary public's personal representative or guardian or any other person knowingly in possession of the journal shall:
(1) Retain the notary public's journal in accordance with subsection (a) or transmit the journal to a repository approved by the secretary of state; and
(2) inform the secretary of state where the journal is located.
(h) This section shall take effect on and after January 1, 2022.
History: L. 2021, ch. 64, § 20; July 1.
(a) A notary public may select one or more tamper-evident technologies to perform notarial acts with respect to electronic records. A person shall not require a notary public to perform a notarial act with respect to an electronic record with a technology that the notary public has not selected.
(b) Before a notary public performs the notary public's initial notarial act with respect to an electronic record, a notary public shall notify the secretary of state that the notary public will be performing notarial acts with respect to electronic records, identify the technology the notary public intends to use and provide evidence of completion of the course of study and passing of the examination required by K.S.A. 53-5a23, and amendments thereto. If the secretary of state has established standards in rules and regulations for approval of technology pursuant to K.S.A. 53-5a27, and amendments thereto, the technology shall conform to such standards. If the technology conforms to the standards, the secretary of state shall approve the use of the technology. A notary public notifying the secretary of state pursuant to this section shall pay an information and services fee in an amount determined by the secretary of state adopted in rules and regulations, not to exceed $25. The 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 information and services fee fund.
(c) A register of deeds may accept for recording a tangible copy of an electronic record containing a notarial certificate as satisfying any requirement that a record accepted for recording be an original, if the notarial officer executing the notarial certificate certifies that the tangible copy is an accurate copy of the electronic record.
(d) This section shall take effect on and after January 1, 2022.
History: L. 2021, ch. 64, § 21; July 1.
(a) An individual qualified under subsection (c) may apply to the secretary of state for a commission as a notary public. The applicant shall file with the secretary of state an application for appointment as a notary public that includes:
(1) An oath of office;
(2) an assurance in the form of a surety bond or its functional equivalent in the amount of $12,000 that shall be issued by a surety or other entity licensed or authorized to do business in this state;
(3) evidence of completion of the course of study and passing of the examination required by K.S.A. 53-5a23, and amendments thereto, if required;
(4) the official signature and an impression of the stamp to be used by the notary public; and
(5) an application fee in the amount of $10.
(b) An application, oath of office and surety bond or its functional equivalent received pursuant to this section and a record of commission issued under this section shall be filed in the office of the secretary of state and properly indexed in that office. The 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.
(c) An applicant for a commission as a notary public shall:
(1) Be at least 18 years of age;
(2) be a citizen of the United States;
(3) be a resident of this state or be a resident of a state bordering on this state and have a regular place of employment or practice in this state;
(4) be able to read and write the English language; and
(5) not be disqualified to receive a commission by K.S.A. 53-5a24, and amendments thereto.
(d) The assurance required in subsection (a) shall cover acts performed during the term of the notary public's commission and shall be in the form prescribed by the secretary of state. If a notary public violates law with respect to notaries public in this state, the surety or issuing entity is liable under the assurance. No suit shall be instituted against a notary public or the surety or issuing entity under the notary public's assurance more than three years after the cause of action accrues. The surety or issuing entity shall give notice to the secretary of state 30 days before canceling the assurance. The surety or issuing entity shall no longer be liable on such assurance 30 days after receipt of such notice by the secretary of state. Whenever the secretary of state receives such notice of intent to cancel a notary public's assurance, the secretary of state shall notify the affected notary public that unless such notary public files another assurance satisfying the requirements of this subsection with the secretary of state on or before the cancellation date, then such notary public will no longer be authorized to perform notarial acts within this state. The surety or issuing entity shall notify the secretary of state not later than 30 days after making a payment to a claimant under the assurance or the denial of a claim under the assurance. A notary public may perform notarial acts in this state only during the period that a valid assurance is on file with the secretary of state.
(e) Any person injured by the failure of a notary public to faithfully perform any notarial act for which a bond or its functional equivalent is given under the laws of this state may sue in the person's own name in any court of competent jurisdiction to recover the damages the person may have sustained by such failure.
(f) The secretary of state shall issue a commission as a notary public to an applicant for a term of four years, unless sooner revoked under K.S.A. 53-5a24, and amendments thereto, if such applicant complies with the provisions of this section.
(g) A commission to act as a notary public authorizes the notary public to perform notarial acts. The commission does not provide the notary public any immunity or benefit conferred by law of this state on public officials or employees. A notary public shall not be considered a state officer.
(h) If a notary public changes name by any legal action, such notary shall obtain a new official stamp that meets the requirements established by K.S.A. 53-5a18, and amendments thereto, and the stamp shall contain the new name of the notary public. Prior to performing any acts as a notary public after such change, the notary shall mail or deliver to the secretary of state notice of the change of name and shall include a specimen of the new stamp and a specimen of the notary's new official signature.
(i) If a notary public obtains a new stamp for any reason, the notary shall mail or deliver to the secretary of state notice of the change of stamp that shall include an impression of the new stamp.
(j) An individual may resign from the office of notary public by sending by mail or delivering to the secretary of state a notification of the individual's resignation or intent or desire to resign. The individual's commission as notary public shall terminate upon delivery of the notification.
(k) A notary public's commission may not be automatically renewed. A notary public who desires to renew a commission shall be qualified and apply for a new commission pursuant to this section.
(l) This section shall take effect on and after January 1, 2022.
History: L. 2021, ch. 64, § 22; July 1.
(a) Before a notary public performs the notary public's initial notarial act with respect to an electronic record, a notary public shall pass an examination administered by the secretary of state or an entity approved by the secretary of state. The examination shall be based on the course of study described in subsection (b).
(b) The secretary of state or an entity approved by the secretary of state shall offer regularly a course of study to notaries public in this state. The course shall cover the laws, rules, procedures and ethics relevant to notarial acts with respect to electronic records.
(c) This section shall take effect on and after January 1, 2022.
History: L. 2021, ch. 64, § 23; July 1.
(a) The secretary of state may deny, refuse to renew, revoke, suspend or impose a condition on a commission as notary public for any act or omission that demonstrates the individual lacks the honesty, integrity, competence or reliability to act as a notary public, including:
(1) Failure to comply with this act;
(2) a fraudulent, dishonest, deceitful, misstatement or omission in the application for a commission as a notary public submitted to the secretary of state;
(3) a conviction of the applicant or notary public 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;
(4) a finding against, or admission of liability by, the applicant or notary public in any legal proceeding or disciplinary action based on the applicant's or notary public's fraud, dishonesty or deceit;
(5) failure by the notary public to discharge any duty required of a notary public, whether by this act, rules and regulations of the secretary of state or any federal or state law;
(6) use of false or misleading advertising or representation by the notary public representing that the notary has a duty, right or privilege that the notary does not have;
(7) violation by the notary public of a rule and regulation of the secretary of state regarding a notary public;
(8) denial, refusal to renew, revocation, suspension or conditioning of a notary public commission in another state;
(9) failure of the notary public to maintain an assurance as provided in K.S.A. 53-5a22(d), and amendments thereto;
(10) 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 public;
(11) cessation of United States citizenship;
(12) incapacitation to such a degree that the person is incapable of reading or writing the English language;
(13) violation of K.S.A. 53-5a25(b), (c) or (d), and amendments thereto; or
(14) violation of K.S.A. 53-5a25(a), (e), (f), (g) or (h), and amendments thereto.
(b) An individual whose commission as a notary public has been revoked for a reason described in subsections (a)(1) through (a)(13) may not apply for a new commission until the expiration of four years from the date of such revocation. An individual whose commission as a notary public has been revoked for the reason described in subsection (a)(14) may not apply for or receive a new commission for such individual's lifetime.
(c) The authority of the secretary of state to deny, refuse to renew, suspend, revoke or impose conditions on a commission as a notary public does not prevent a person from seeking and obtaining other criminal or civil remedies provided by law.
(d) This section shall take effect on and after January 1, 2022.
History: L. 2021, ch. 64, § 24; July 1.
(a) A commission as a notary public does not authorize an individual to:
(1) Assist persons in drafting legal records, give legal advice or otherwise practice law;
(2) act as an immigration consultant or an expert on immigration matters;
(3) represent a person in a judicial or administrative proceeding relating to immigration to the United States, United States citizenship or related matters; or
(4) receive compensation for performing any of the activities listed in this subsection.
(b) A notary public may not perform a notarial act with respect to a record to which the officer or the officer'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 subsection is voidable.
(c) For purposes of subsection (b), a notarial officer has a direct financial or beneficial interest in a transaction if the notarial officer:
(1) With respect to a financial transaction, is named in a record, individually, as a principal to the transaction; or
(2) with respect to a real property transaction, is named in a record, individually, as a grantor, grantee, mortgagor, mortgagee, trustor, trustee, beneficiary, vendor, vendee, lessor or lessee to the transaction.
(d) For purposes of subsection (b), a notarial officer has no direct financial or beneficial interest in a transaction when the notarial officer acts in the capacity of an agent, employee, insurer, attorney, escrow agent or lender for a person having a direct financial or beneficial interest in the transaction.
(e) A notary public shall not engage in false or deceptive advertising.
(f) A notary public, other than an attorney licensed to practice law in this state, may not use the term "notario" or "notario publico" or any equivalent non-English term in any business card, advertisement, notice or sign.
(g) A notary public, other than an attorney licensed to practice law in this state, shall not advertise or represent that the notary public may assist persons in drafting legal records, give legal advice or otherwise practice law. If a notary public who is not an attorney licensed to practice law in this state in any manner advertises or represents that the notary public offers notarial services, whether orally or in a record, including broadcast media, print media, and the internet, the notary public shall include the following statement, or an alternate statement authorized or required by the secretary of state, in the advertisement or representation, prominently and in each language used in the advertisement or representation and in each language in which notarial services are offered: "I am not an attorney licensed to practice law in this state. I am not allowed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities." If the form of advertisement or representation is not broadcast media, print media or the internet and does not permit inclusion of the statement required by this subsection because of size, it shall be displayed prominently or provided at the place of performance of the notarial act before the notarial act is performed.
(h) Except as otherwise allowed by law, a notary public shall not withhold access to or possession of an original record provided by a person that seeks performance of a notarial act by the notary public.
(i) Violation of subsections (f) or (g) is a class B nonperson misdemeanor.
(j) Violation of subsections (e), (f) or (g) 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.
(k) This section shall take effect on and after January 1, 2022.
History: L. 2021, ch. 64, § 25; July 1.
(a) Except as otherwise provided in K.S.A. 53-5a25(b), and amendments thereto, the failure of a notarial officer to perform a duty or meet a requirement specified in this act does not invalidate a notarial act performed by the notarial officer. The validity of a notarial act under this act does not prevent an aggrieved person from seeking to invalidate the record or transaction that is the subject of the notarial act or from seeking other remedies based on state or federal law. This section does not validate a purported notarial act performed by an individual who does not have the authority to perform notarial acts.
(b) This section shall take effect on and after January 1, 2022.
History: L. 2021, ch. 64, § 26; July 1.
(a) The secretary of state shall adopt rules and regulations to implement this act. Rules and regulations adopted regarding the performance of notarial acts with respect to electronic records shall not require, or accord greater legal status or effect to, the implementation or application of a specific technology or technical specification. The rules and regulations may include, but are not limited to:
(1) Prescribing the manner of performing notarial acts regarding tangible and electronic records;
(2) including provisions to ensure that any change to or tampering with a record bearing a certificate of a notarial act is self-evident;
(3) including provisions to ensure integrity in the creation, transmittal, storage or authentication of electronic records or signatures;
(4) prescribing the process of granting, renewing, conditioning, denying, suspending or revoking a notary public commission and assuring the trustworthiness of an individual holding a commission as notary public;
(5) including provisions to prevent fraud or mistake in the performance of notarial acts;
(6) establishing the process for approving and accepting surety bonds and other forms of assurance as allowed by law; and
(7) providing for the administration of the examination and the course of study required by law.
(b) The secretary of state shall adopt rules and regulations regarding notarial acts using communication technology for a remotely located individual including, but not limited to:
(1) Prescribing the means of performing a notarial act involving a remotely located individual using communication technology;
(2) establishing standards for communication technology and identity proofing;
(3) establishing requirements or procedures to approve providers of communication technology and the process of identity proofing; and
(4) establishing standards and a period for the retention of an audio-visual recording created when performing a notarial act using communication technology for a remotely located individual.
(c) In adopting rules and regulations about notarial acts with respect to electronic records, the secretary of state shall consider, so far as is consistent with this act:
(1) The most recent standards regarding electronic records promulgated by national bodies, such as the national association of secretaries of state; and
(2) standards, practices and customs of other jurisdictions that substantially enact this act.
History: L. 2021, ch. 64, § 27; July 1.
(a) A commission or appointment as a notary public in effect on January 1, 2022, continues until its date of expiration. A notary public who applies to renew a commission as a notary public on or after January 1, 2022, is subject to and shall comply with this act. A notary public, in performing notarial acts after January 1, 2022, shall comply with this act.
(b) This section shall take effect on and after January 1, 2022.
History: L. 2021, ch. 64, § 28; July 1.
(a) This act does not affect the validity or effect of a notarial act performed before January 1, 2022.
(b) A cause of action that has accrued against a notary public or the notary public's securities before January 1, 2022, are governed by any statute or other rule amended or repealed by this act as if amendment or repeal had not occurred.
(c) This section shall take effect on and after January 1, 2022.
History: L. 2021, ch. 64, § 29; July 1.
(a) In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
(b) This section shall take effect on and after January 1, 2022.
History: L. 2021, ch. 64, § 30; July 1.
(a) This act modifies, limits and supersedes the federal electronic signatures in global and national commerce act, 15 U.S.C. § 7001 et seq., except that nothing in this act modifies, limits or supersedes § 7001(c) of that act or authorizes electronic delivery of any of the notices described in § 7003(b) of that act.
(b) This section shall take effect on and after January 1, 2022.
History: L. 2021, ch. 64, § 31; July 1.
(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, verification, certificate, statement, oath or affidavit of a person, such matter may be supported, evidenced, established or proved with the same force and effect by the unsworn written declaration, verification, certificate or statement dated and subscribed by the person as true, under penalty of perjury, 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)"
(2) If executed in this state: "I declare (or verify, certify or state) under penalty of perjury that the foregoing is true and correct. Executed on (date).
___________________________ (Signature)"
(b) The provisions of subsection (a) do not apply to the following oaths:
(1) An oath of office.
(2) An oath required to be taken before a specified official other than a notary public.
(3) An oath of a testator or witnesses as required for wills, codicils, revocations of wills and codicils and republications of wills and codicils.
(c) A notarial act performed prior to the effective date of this act is not affected by this act. Nothing in this act diminishes or invalidates the recognition accorded to notarial acts by other laws of this state or rules and regulations adopted thereunder.
(d) On or after July 1, 1989, whenever an officer or partner listed in K.S.A. 17-2718(d), 17-7503(e), 17-7504(e), 17-7505(e), 56-1a606(e) or 56-1a607(e), and amendments thereto, is required to execute a report before a notary or swear an oath before an officer 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 after July 1, 1990, subsections (a), (b) and (c) of this section shall have general application.
History: L. 1989, ch. 93, § 1; L. 2021, ch. 61, § 38; January 1, 2023.
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