Notary Public (Kansas)

Last Reviewed: September 2023

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.

How to Become a Kansas Notary (KSA 53-5a24)

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. KSA 53-5a24

Follow these steps to become a Kansas notary (KSA 53-5a22)

• 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.

• 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 fee is in the amount of $10. KSA 53-5a22

Notary Stamp (KSA 53-5a18 (a))

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.

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. KSA 53-5a18 (a)

Authority to perform notarial acts. (KSA 53-5a04)

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.

A notarial officer may certify that a tangible copy of an electronic record is an accurate copy of the electronic record. KSA 53-5a04

Identification of individual. (KSA 53-5a07)

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 claims.

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.

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. KSA 53-5a07