New Kansas notary laws take effect January 1, 2022
During the 2021 legislative session, the Kansas Legislature approved SB 106 implementing the Revised Uniform Law on Notarial Acts (RULONA), which permits a Kansas notary to provide remote online notarizations (RON) and makes the key changes outlined below to Kansas notary law effective January 1, 2022.
Read the text of the new law. Below is a summary of key provisions of the law and does not reflect all changes made to Kansas notary law.
- Surety Bond: A $12,000 surety bond is required for notary applications submitted on and after January 1, 2022.
- Remote Online Notary: Allows remote online notarization (RON) in Kansas, which enables a Kansas notary to provide notarizations for remotely located individuals. 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. Notaries must meet certain requirements to perform remote online notarizations, which can be found here.
- Notary Journal: Kansas notaries are required to maintain a notary journal. A notary may maintain a journal in both a tangible form and an electronic form. While a notary may maintain only one journal in a tangible format, a notary may maintain more than one journal in an electronic format. The journal is required to be maintained for 10 years after the last entry.
- Verification of Identity: The law sets out documentation that can be used to verify the identity of the signer of a document to specifically include a driver’s license and passport, but also permits a government-issued nondriver identification card or another form of government identification. Identification can be accepted if it is expired, but the expiration is not more than three years prior to the notarial act.
- Beneficial Interest: The beneficial interest provision is expanded to prohibit a notary from performing a notarization of a record in which either the notary or the notary's spouse is a party to or has a direct financial or beneficial interest.
- Notary Stamp: A notary is required to notify the Secretary of State if the notary’s stamp is lost or stolen.
- Notary Advertising: If a notary advertises or offers notarial services, the notary shall include the following statement: “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.”