Kansas Notary cheat sheet

A notarial act is performed only when the signer appears personally before the notary; appearance by video, phone, or agent is not permitted in Kansas.

Notary must positively identify each principal by personal knowledge or by satisfactory evidence such as a government-issued photo ID with signature.

Notary must screen for willingness and awareness: the signer must act voluntarily and appear to understand the nature of the document.

A notarial certificate must be completed at the time of the act; the notary signs and dates only after the signer has signed or acknowledged.

Notarial journal entry should record date, time, type of act, signer name and address, ID type and number, and fee charged.

Notary may administer oaths and affirmations, take acknowledgments, witness signatures, and certify copies of certain documents as authorized by Kansas law.

A notary may not notarize a document in which the notary is a party or has a direct beneficial interest.

Personal knowledge identification means familiarity gained through association over time, not merely recognizing a face from a photograph.

The notary's term of office and commission number should be referenced in the official seal or stamp; a legible impression is required.

An acknowledgment certificate states the signer personally appeared, was identified, and acknowledged executing the document voluntarily.

A jurat certificate states the signer personally appeared, swore or affirmed the truth of the document, and signed in the notary's presence.

The certificate must be attached to or logically associated with the document; a loose certificate not tied to the document is improper.

Certificate language should name the state and county where the act occurred, the date, and the notary's name and commission expiration.

If the document lacks a certificate, the notary may attach a separate certificate but must not select the type of act for the signer.

A signature-witnessing certificate documents that the signer signed in the notary's presence without an oath or acknowledgment.

The notary's official stamp or seal must be legible and include the notary's name, commission number, and state of Kansas as required.

Corrections to a certificate should be made by striking through and initialing, never by altering a previously completed and signed certificate.

A notary may not perform a notarial act if the notary is a signer, a party to the transaction, or named as a beneficiary in the document.

A notary may not notarize the signature of a spouse, parent, child, or sibling when the notary would receive a direct benefit from the transaction.

Charging fees beyond the statutory maximum, or charging for travel without disclosure, is a prohibited practice.

A notary may not use the title 'notario publico' or any foreign-language equivalent that implies legal authority to practice law.

A notary may not give legal advice, draft legal documents, or explain the legal effect of a document to a signer.

A notary may not certify a copy of a birth certificate, death certificate, marriage certificate, or other public record that must be obtained from the custodian.

A notary may not perform a notarial act on a document the notary knows is fraudulent or on a signature the notary knows was obtained by duress.

Failure to maintain the official seal, or allowing another person to use the seal, is a violation that can lead to suspension or revocation.

The Kansas Secretary of State appoints and commissions notaries public; the applicant must be at least 18 and a resident of Kansas or otherwise eligible.

Application requires a completed form, proof of eligibility, and payment of the required fee; a bond or surety may be required by statute.

The commission term is four years, and the notary may apply for reappointment before expiration to avoid a lapse.

The notary must take an oath of office and file it with the county clerk before performing notarial acts.

A notary must obtain an official seal or stamp and must keep it in a secure location under the notary's sole control.

Change of name or address must be reported to the Secretary of State within the statutory time period, and a new seal may be required.

Resignation or loss of commission requires the notary to stop performing notarial acts and to dispose of the seal so it cannot be misused.

The Secretary of State may investigate complaints and impose discipline, including suspension or revocation, for misconduct or incompetence.