Kansas Notary Laws Summary

All applicants must meet all of the requirements listed below:

• Be 18 years of age or older
• Be a citizen of the United States
• Be a resident of the state of Kansas
• Not have been convicted of a felony or crime involving moral turpitude
• Not have had a professional license revoked or suspended
• Be able to read and write the English language

In order to receive a notary public commission, a person must:

• Meet the eligibility requirements
• Properly complete and submit a notary application form to the Secretary of State with a $25 filing fee and a $7,500 bond. Click here to download the application form -
  http://www.kssos.org/business/business_notary.html
• The official signature and an impression of the official seal to be used by the notary public must be filed with the Secretary of State

Non-residents must be living in a state bordering Kansas and be employed or conduct business in Kansas. Non-residents must also meet the same qualifications as Kansas residents.

Required. A $7,500 bond is required for new and renewing notaries. Please visit the American Association of Notaries’ website www.usnotaries.com to purchase and receive a bond via email in one business day.

Optional. The American Association of Notaries recommends that Kansas notaries insure themselves against claims of negligence through Errors and Omission insurance. Visit the American Association of Notaries’ website at www.usnotaries.com for more information.

A $25 filing fee is required for new and renewal notary applications.

4 years.

Statewide.

Kansas Secretary of State
Memorial Hall, 1st Floor,
120 S.W. 10th Avenue
Topeka, KS 66612-1594
(785) 296-4564
http://www.kssos.org/business/business_notary.html

A notary public may apply 30 days before the expiration of the current commission by completing a renewal application form.

None Required.

Required.

Type – embosser or rubber-inked stamp

Ink color – any color as long as the seal can be reproduced under photographic methods.

Required elements - notary’s name (must have first full name), commission expiration date, and the words “Notary Public” and “State of Kansas.”

Note. Failure to attach the commission expiration date is a Class C misdemeanor and grounds for revocation of the notary’s commission by the secretary of state. A notary public may not use an official seal unless an impression has been filed with the Secretary of State. The notary seal must be safeguarded by the notary in order to prevent forgeries and other misuse by other individuals.

Optional. Recommended by the Secretary of State and the American Association of Notaries. For notary supplies contact the American Association of Notaries by calling 800.721.2663 or visiting our website at www.usnotaries.com.

There is no statutory fee schedule in Kansas that a notary public must follow, nor is there a prohibition against a notary public charging a reasonable fee for the performance of a notarial act.

Kansas notary has the authority to:

• Take acknowledgments
• Administer oaths and affirmations
• Take a verification upon oath or affirmation
• Witness or attest a signature
• Certify or attest a copy
• Protest instruments

A notary must notify the Secretary of State in writing within 30 days of the change of address. Click here to download the Change of Status form http://www.kssos.org/business/business_notary.html.

A notary must notify the Secretary of State in writing within 30 days if she changes her name by any legal action and must obtain a new seal that contains the new name; however, prior to performing any acts with the new name, the notary must mail or deliver to the Secretary of State a specimen of the new seal and a specimen of the notary’s new official signature. Click here to download the Change of Status form http://www.kssos.org/business/business_notary.html.

If a notary public no longer desires to hold the office as notary public, he must send immediately by mail or deliver to the Secretary of State a letter of resignation. The appointment of the notary shall thereupon cease to be in effect.

A notary public may not:

• Prepare, draft, select, or give legal advice concerning legal documents
• Perform acts that constitute the practice of law
• Claim to have powers, qualifications, rights, or privileges that the office of notary public does not provide, including the power to counsel on immigration matters
• Use the phrase “notario” or “notario publico” or any equivalent in any business card, advertisement, notice, or sign
• Overcharge fees for notary services
• Notarize a document without the signer being in the notary’s presence
• Notarize his or her own signature
• Notarize a document in which he or she has a financial or beneficial interest
• Notarize a document that does not contain a notarial certificate
• Sign a notarial certificate under any other name than what is on the notary public commission
• Certify copies of documents recordable in the public records

If a notary improperly notarizes a document, the following actions can be taken against the notary:

• The notary may be sued individually based on negligent or willful misconduct
• The notary may be prosecuted for a Class C misdemeanor for failing to attach the date of expiration
• The notary may be prosecuted for other crimes, such as false writing
• The notary may have his or her commission revoked by the secretary of state

There is a statute of limitations that limits the filing of a lawsuit on notarial acts to three years after the cause of the action accrues (K.S.A. 53-113).

Click here to view your state's notarial certificates.