How to Become a Notary in Kansas

How do I renew my notary commission in Kansas?

A Kansas notary may renew a notary commission every four years by submitting a Notary Public Appointment Form prior to the commission expiration date and by following the same procedures required for a new appointment. Renewing notaries may submit their appointment forms up to ninety days before their commissions expire. To download the appointment form, go to https://www.kansasnotary.com/renew-Kansas-notary-commission

Who appoints notaries in Kansas?

The Kansas Secretary of State appoints Kansas notaries public.

The secretary of state can be contacted at:

Kansas Secretary of State
Notary Public Division
Memorial Hall, 1st Floor,
120 S.W. 10th Avenue
Topeka, KS 66612-1594
Phone Number: (785) 296-4564
Email: notary@ks.gov
Website: https://www.sos.ks.gov/business/notary.html

Can a non-resident of Kansas apply for a commission as a notary public?

Yes. A non-resident who is a resident of a state bordering the state of Kansas and who has a regular place of employment or practice in Kansas may qualify to apply for a notary commission.

How long is a notary public's commission term in Kansas?

The term of office of a Kansas notary public is four years commencing on the date specified in the notary commission certificate. However, a notary’s commission may be terminated:

1. By resignation, death, or revocation.
2. When the notary public ceases to reside in Kansas.
3. When a non-resident notary ceases to be regularly employed or carry on a business or profession in Kansas.

Is notary training or an exam required to become a notary or to renew a notary commission in Kansas?

No. Kansas notary law does not require that an applicant take a course or examination to become a Kansas notary public. However, Kansas notary law requires each individual who wants to perform notarial acts on electronic records or for remotely located individuals (remote notarization) to complete a course of instruction and pass an examination approved by the secretary of state.

The Kansas Secretary of State’s Office provides free training on its website at https://www.sos.ks.gov/eforms/user_login.aspx?frm=NO

The American Association of Notaries recommends that all Kansas notaries keep a copy of the Kansas Notary Public Handbook. Click here to download the Kansas notary handbook.

How much does it cost to become a notary public in Kansas?

To become a notary in Kansas, you must pay the following:

1. A $25 filing fee for processing your notary application.
2. The cost of a $12,000 notary bond.
3. The cost of a Kansas notary stamp.
4. A fee to have your oath taken.

Other expenses include the cost of purchasing:

1. A Kansas notary journal to record all notarial acts performed.
2. An errors and omissions insurance policy to protect yourself in the event you are sued for unintentional mistakes or a false claim is filed against you as a notary. (This step is optional.)

Do I need a notary errors and omissions (E&O) insurance policy to become a notary in Kansas?

A notary errors and omissions (E&O) insurance policy is optional in Kansas and is not required to become a Kansas notary public or to renew your notary commission. However, the American Association of Notaries strongly recommends that every Kansas notary obtain a notary E&O insurance policy. This insurance protects you from a claim if a client sues you as a notary. A notary E&O policy covers unintentional notarial mistakes and pays for legal fees and damages based on the coverage you select as a Kansas notary public.

You can order a Kansas notary errors and omissions insurance policy online at the American Association of Notaries website at https://www.kansasnotary.com/notary-insurance.

Do I need a notary bond to become a notary in Kansas?

Yes. A Kansas notary bond in the amount of $12,000 is required for new and renewing notaries public. The notary bond protects the public from a notary's errors.

To purchase a Kansas notary bond, visit the American Association of Notaries website at https://www.kansasnotary.com/kansas-notary-bond.

Do I need to order a notary stamp in Kansas?

Yes. Kansas notary law requires all Kansas notaries public to use either an embossed seal or an inked stamp to authenticate all notarial acts.

The Kansas notary seal or stamp must contain the following:

• The applicant’s name as listed on the notary application
• The words “Notary Public”
• The words “State of Kansas”
• The words “My Commission Expires” or a phrase that is substantially similar followed by the expiration date or a space for the notary to write in the expiration date
• An image of the Kansas State Capitol building (optional)

Note: A notary public may not use any notary seal unless an impression has first been filed with the Kansas Secretary of State. A notary who willfully neglects or refuses to attach their commission expiration date when notarizing a document is guilty of a Class C misdemeanor.

Lost or Stolen Stamp
If a notary public's stamping device is lost or stolen, the notary or the notary’s personal representative or guardian must promptly notify the Kansas Secretary of State upon discovering the device is lost or stolen. The notification requirement is satisfied if the notification is submitted on Form NC and mailed, emailed, or delivered to the Secretary of State’s Office. When a notary replaces a lost or stolen stamp, the notary must use a different style of stamp to ensure the new stamp looks different. This will help deter misuse of the lost or stolen stamp.

To order a Kansas notary stamp, notary seal, complete notary package, and notary supplies, please visit the American Association of Notaries website at https://www.kansasnotary.com/notary-stamps.

How much can a Kansas notary public charge for performing notarial acts?

The Kansas notary statute does not specify the maximum allowable notary fees a Kansas notary public may charge for notarial acts with respect to a tangible record or an electronic record, or a notarial act for a remotely located individual.

A notary who charges a fee for a notarial act must ensure the following requirements are met:

• Before the notarial act is performed, the fee must be disclosed to and agreed upon by the signer
• The notary must disclose to the signer that a fee is permitted but not required by state law or regulation
• The fee must be collected at the time the notarial act is performed
• The fee must be recorded in the notary’s journal

Is a notary journal required in Kansas?

Yes. Starting on January 1, 2022, all Kansas notaries are required to maintain a notary journal to record all notarial acts performed. A notary may maintain a journal in both a tangible and electronic form. While a notary may maintain only one journal in a tangible format, they may maintain more than one journal in electronic format. The notary public must retain the journal for ten years from the last notarial act recorded. If, as a notary, you resign your commission or your commission is revoked or suspended, you must retain your journal for ten years from the last notarial act recorded and inform the secretary of state where the journal is located by completing Form NC.

If the journal is maintained in a tangible (paper) format, 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 Kansas Secretary of State. A notary must take reasonable steps to ensure that a backup of a journal maintained in an electronic format exists and is secure from unauthorized use. Each notary public's records must be capable of being printed in a tangible medium when requested.

To order a Kansas notary journal, please visit the American Association of Notaries website at https://www.kansasnotary.com/record-book.

Where can I perform notarial acts in Kansas?

You may perform notarial acts while you are physically anywhere within the geographic borders of the state of Kansas.

What notarial acts can a Kansas notary public perform?

A Kansas notary public is authorized to perform the following notarial acts:

• Take acknowledgments
• Administer oaths or affirmations
• Take verifications upon oath or affirmation
• Witness or attest signatures
• Certify or attest copies
• Note protests of negotiable instruments
• Perform any other acts permitted by law

Can I perform in-person electronic notarizations in Kansas?

Yes. Kansas notaries are authorized to perform in-person electronic notarizations (IPEN). You must first register with the Kansas Secretary of State to perform in-person electronic notarizations.

An electronic notarization is similar to a traditional notarization, which requires the signer and the notary to meet in person, but electronic notarization does away with the paper document and manual signature requirements. Instead, an electronic notarization involves an electronic document, electronic notary seal, electronic signatures, and digital certificate.

What is the process to become a Kansas electronic notary public?

To become an electronic notary in Kansas, you must:

1. Select a notary technology provider from the list of technology providers on file with the secretary of state.
2. Obtain an electronic signature, electronic stamp, and digital certificate.
3. Complete a course of study and pass the training and examination administered by the secretary of state or an entity approved by the secretary of state.
4. Print the certificate generated when you pass the examination.
5. Complete Form NC.
6. Have the form notarized.
7. Submit Form NC with the exam certificate and a fee of $20.

New applicants who wish to register at the same time to perform in-person electronic notarizations need to complete Form NO and pay an additional $25 filing fee.

Can I perform remote online notarizations in Kansas?

Yes. Starting on January 1, 2022, Kansas notary law authorizes Kansas notaries public to perform remote online notarizations (RONs). A Kansas notary must first inform the Kansas Secretary of State that he or she will be performing remote online notarizations.

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. This eliminates the need for the signer to be in the physical presence of the notary at the time the document is notarized. Consequently, notaries can provide their services to signers located within and outside of Kansas provided that the notary public is physically located in Kansas at the time of the notarization. Certain provisions apply to a RON notarization for a signer located outside the United States.

How do I become a remote online notary in Kansas?

To become a remote online notary in Kansas, you must:

1. Contract with a RON provider that meets state requirements and is listed with the Kansas Secretary of State to provide such services.
2. Obtain a digital certificate issued by a RON platform provider or from a digital certificate vendor.
3. Complete the required training and test provided by the secretary of state.
4. Print the certificate after successfully passing the test.
5. Complete Form NC to notify the secretary of state that you will provide RON services.
6. Have the form notarized.
7. Submit the form to the secretary of state with the test certificate and $20 filing fee.

New applicants who wish to register at the same time to perform remote notarizations need to complete Form NO and pay an additional $25 filing fee.

How do I update my address on my Kansas notary commission?

If you move to a new residence during the term of your notary commission, you are required to file a “Notary Public Change of Status Form NC" with the secretary of state. In addition, any changes to your notary’s seal, name, and phone number must be updated with the Secretary of State’s Office.

To download a Notary Public Change of Status Form NC, go to: https://www.sos.ks.gov/business/notary.html

How do I change my name on my notary commission in Kansas?

If you legally change your name during the term of the notary commission, you must obtain a new official stamp that contains the new name and complete and mail the Notary Public Change of Status Form NC to the Kansas Secretary of State.

To download a Notary Public Change of Status Form NC, go to https://www.sos.ks.gov/business/notary.html

Revised:

January 2023