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KS Administrative Regulations (2005)

Rule/Regulation

State: Kansas

Effective: December 30, 2005

Summary

The Kansas Secretary of State adopts permanent regulations for performing electronic notarizations under the Uniform Electronic Transactions Act (UETA).

Affects

Adds Article 43 to Title 7 of the Kansas Administrative Regulations.

Changes
  1. Defines "digital signature," "electronic," "electronic notary public," "electronic document," "electronic notarial act" and "electronic notarization," "electronic notary seal," "electronic signature," "notarial act" and "notarization," "notarial certificate," "notary public" and "notary," and "principal."
  2. Requires a Kansas Notary who wishes to become an electronic notary to register with the Secretary of State.
  3. Requires a registrant to meet the following requirements: (a) complete a course of instruction approved by the Secretary of State; (b) pass an examination approved by the Secretary; (c) obtain a digital certificate authorized by the Secretary; (d) register with the Secretary on a form prescribed by the Secretary; and (e) pay a fee of $20.
  4. Provides that an electronic Notary shall use a digital signature when performing any electronic notarization and shall take reasonable steps to ensure that the digital certificate is valid and has not expired, been revoked, or been terminated by its registered certification authority.
  5. Provides that when performing any electronic notarization, an electronic Notary shall complete a notarial certificate, which shall be attached to, or logically associated with, the electronic document.
  6. Requires the principal to personally appear before the electronic Notary for an electronic notarization.
  7. Provides that if an electronic notarization must be authenticated, electronic evidence of the authenticity of the official signature and seal of an electronic Notary shall be attached to, or logically associated with, the electronic document and shall be in a form prescribed by the Secretary in conformance with any current and pertinent international treaties, agreements, and conventions subscribed to by the United States.
  8. Provides that the provisions of KSA 53-101 et seq., and amendments thereto, and KSA 16-1601 et seq., and amendments thereto, apply to electronic Notaries.
Analysis

In 2004, the Kansas Legislature enacted House Bill 2606 which amended the notarization provision of Kansas' Uniform Electronic Transactions Act. The amendment authorized the Secretary of State to promulgate rules and regulations for electronic notarization. A year and a half later, the Secretary has adopted permanent rules. The rules require a Notary who wants to perform eNotarizations to register with the Secretary, take a course, pass a test and obtain a digital certificate from the state of Kansas Certification Authority. A digital certificate is computer code that is securely issued to a Notary after the Notary's identity has been verified. The digital certificate resides on the Notary's computer or on an external device that the Notary plugs into the computer for the purpose of signing electronic documents. When the digital certificate is used to create a digital signature, the Notary's identity is bound to that signature and relying parties may trust that the Notary to whom the certificate belongs created the signature. The digital certificate also encrypts the document so that any changes made after the Notary signs will be evident (called "tamper-evident"). Kansas is requiring any principal wanting his signature to be notarized electronically to personally appear before the Notary at the time of the electronic notarization.

Read the adopted administrative regulations (see pages 1829-1830).

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