How to Become a Notary in Kansas
The Application Process to Become a Notary in Kansas:
Are you interested in becoming a notary in Kansas? Are you interested in generating extra income, starting your own Kansas notary business, adding a notary title to your resume, or helping people in your community? The State appoints Kansas notaries to serve the public as unbiased impartial witnesses to document signings. Becoming a notary in Kansas is a straightforward process, and as long as you meet the eligibility requirements listed below, you can apply to become a Kansas notary. The American Association of Notaries has been helping individuals become notaries since 1994.
This Kansas notary guide will help you understand:
- Who can become a notary in Kansas
- How to become a notary in Kansas
- The basic duties of a notary in Kansas
What are the qualifications to become a notary in Kansas?
To become a Kansas notary public, a notary applicant must meet the following requirements:
- Be at least 18 years of age.
- Be a resident of Kansas or a resident of a bordering state who is regularly employed or carries on a business or profession in Kansas.
- Be able to read and write the English language.
- Not be disqualified to receive a commission under state law (K.S.A. 53-5a24).
What is the process to become a notary in Kansas?
To become a Kansas notary public and receive a Kansas notary public commission, a notary applicant must:
- Meet the qualification requirements listed in the previous section.
- Download and complete the “Notary Public Appointment Form” from the Secretary of State’s website.
- Obtain a $12,000 notary bond.
- Take the oath before a notary public.
- Purchase a Kansas notary stamp.
- Affix an impression of the notary stamp to the notary application.
- Mail the notary application to the Secretary of State with the $25.00 filing fee.
The Secretary of State will issue a notary certificate upon receipt of the above-mentioned items.
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 form up to ninety days before their commission expires. To download the appointment form, go to: https://sos.ks.gov/business/NO-2022.pdf.
Who appoints notaries in Kansas?
The Kansas Secretary of State appoints Kansas notaries public. Contact information for the Secretary of State is as follows:
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
Can a non-resident become a notary in Kansas?
Yes. A nonresident 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 the term of a notary public commission 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:
- By resignation, death, or revocation.
- When the notary public ceases to reside in Kansas.
- When a nonresident 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 applicants 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 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 download the Kansas notary handbook.
How much does it cost to become a notary in Kansas?
The expenses required to become a notary public in Kansas include the following:
- A $25.00 filing fee to process a notary application for appointment or reappointment.
- A Kansas notary stamp.
- A Kansas notary journal to record all notarial acts performed.
- A $12,000 notary bond.
- A fee to have the oath taken.
- A notary errors and omissions insurance policy if the notary public wishes to purchase one for his or her own legal and financial protection.
Is a notary errors and omissions insurance policy required to become a notary in Kansas?
No. A Kansas errors and omissions insurance policy is optional in Kansas. It is not mandatory to have an E&O insurance policy when applying for appointment as a notary public. The American Association of Notaries recommends that each Kansas notary obtain an errors and omissions insurance policy for his or her personal protection. Errors and omissions insurance is designed to protect notaries public against unintentional notarial mistakes or omissions that result in financial or other types of loss to the public or from a client who sues the notary public for recovery. An E&O insurance policy customarily covers legal fees and damages based on the coverage a Kansas notary selects. Click here for more information on ordering an errors and omissions insurance policies.
Is a notary bond required 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 notary's errors.
To purchase a Kansas notary bond, visit the American Association of Notaries website.
Do I need to purchase 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 Secretary of State. A notary who willfully neglects or refuses to attach the notary’s 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 Secretary of State upon discovering that 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 shall use a different style of stamp to ensure that the new stamp looks different to help deter misuse of the lost or stolen stamp.
How much can a Kansas notary public charge for performing notarial acts?
The Kansas notary statute does not specify the maximum allowable notary fees that a Kansas notary public may charge for notarial acts; however, it must be a reasonable fee.
A notary who charges a fee for a notarial act must comply with the following requirements in state regulation:
- 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 in which he or she records all notarial acts performed. 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 notary public is required to retain the journal for ten years from the last notarial act recorded.
If the journal is maintained on 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 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. Records must be capable of being printed in a tangible medium when requested.
Please visit the American Association of Notaries website to order a Kansas notary journal.
Where can I perform notarial acts in Kansas?
A Kansas notary public has statewide jurisdiction and may perform notarial acts anywhere within the geographical boundaries of the state of Kansas. Likewise, a Kansas notary public may not perform notarial acts in another state.
What notarial acts can a Kansas notary public perform?
A Kansas notary public is authorized to perform the following notarial acts:
- Taking acknowledgments
- Administering oaths or affirmations
- Taking verifications upon oath or affirmation
- Witnessing or attesting signatures
- Certifying or attesting copies
- Noting protests of negotiable instruments
- Performing any other acts permitted by law
Can I perform electronic notarizations in Kansas?
Yes. Kansas notaries are authorized to perform in-person electronic notarizations (IPEN). 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 electronic documents, electronic notary seals, electronic signatures, and digital certificates.
What is the process to become a Kansas electronic notary public?
To become an electronic notary in Kansas, you must meet the following requirements:
- Complete a course of study and pass the examination administered by the Secretary of State or an entity approved by the Secretary of State.
- Obtain a digital certificate authorized by the Secretary of State.
- Register with the Secretary of State on a form prescribed by the Secretary of State and provide proof of compliance.
- Pay a fee of $20.
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). 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.
How do I become a remote online notary in Kansas?
In order for a Kansas notary public to perform remote online notarizations (RONs), he or she must:
- Hold an existing traditional notary public commission.
- Contract with a RON provider that meets state requirements.
- Complete the required testing and training provided by the Secretary of State.
- Notify the Secretary of State that he or she intends to perform RON by completing the appropriate form listed in the next paragraph.
- Pay the $20 filing fee.
Commissioned Kansas notaries may provide the notice to perform electronic and remote notarizations using the Form NC. New notary applicants who wish to become electronic or remote notaries at the same time they are applying for a notary commission can use Form NO.
The notary public is required to provide a computer, webcam, microphone, and secure internet connection. It is also necessary to purchase digital notary supplies, which include an electronic seal, an electronic journal, and a digital certificate containing the notary’s electronic signature.
Can I perform remote ink notarizations (RIN) in Kansas?
No. Notaries in Kansas are not allowed to perform remote ink notarizations.
How do I update my address with the Kansas Secretary of State?
A Kansas notary public who moves to a new residence during the term of the notary’s commission is required to file a “Notary Public Change of Status Form NC” with the Secretary of State. In addition, any changes to a notary’s seal, name, and phone number must be filed 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?
A Kansas notary public whose name has legally changed during the term of the notary’s commission is required to obtain a new official stamp that contains the new name and complete and mail the Notary Public Change of Status Form NC to the Secretary of State. To download a Notary Public Change of Status Form NC, go to: https://www.sos.ks.gov/business/notary.html.
Legal disclaimer: The American Association of Notaries makes no claims, promises, or guarantees about the accuracy, completeness, or adequacy of the information contained on this page. Information on this page is not intended as legal advice. We are not attorneys. We do not pretend to be attorneys. Though we will sometimes provide information regarding federal laws and statutes and the laws and statutes of each state, we have gathered this information from a variety of sources. We do not warrant the information gathered from those sources. It is your responsibility to know the appropriate laws governing your state. Notaries are advised to seek the advice of an attorney in their states if they have legal questions about how to perform notarial acts.
Kansas notary bonds and errors and omissions insurance policies provided by this insurance agency, the American Association of Notaries, Inc., are underwritten by Western Surety Company (established 1900). Kal Tabbara is a licensed insurance agent in Kansas.