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Law

KS Senate Bill 106

Notary Law Update: KS Senate Bill 106

State: Kansas

Summary:
Kansas enacts the Revised Uniform Law on Notarial Acts (RULONA), including provisions for performing notarial acts for remotely located individuals.

Signed:  April 21, 2021

Effective:  January 01, 2022

Chapter: 64

Affects:
Adds as yet uncodified section in, and amends Section 16-1611 and repeals Sections 53-101, 53-102, 53-103, 53-104, 53-105, 53-105a, 53-106, 53-107, 53-109, 53-113, 53-114, 53-115, 53-116, 53-117, 53-119, 53-120, 53-501, 53-502, 53-503, 53-504, 53-505, 53-506, 53-507, 53-508, 53-510 and 53-511 of, the Kansas Statutes Annotated.

Changes:

Definitions

  1. Adds new definitions for the following terms used in the Act: “acknowledgment,” “communication technology,” “electronic,” “electronic signature,” “foreign state,” “identity proofing,” “in a representative capacity,” “notarial act,” “Notary public,” “notarial officer,” “official stamp,” “outside the United States,” “person,” “record,” “remotely located individual,” “sign,” “signature,” “stamping device,” “state,” and “verification on oath or affirmation.”

Notary Commission

  1. Prescribes that a Notary commission applicant must (a) be at least 18 years of age; (b) be a citizen of the U.S.; (c) be a resident of a state bordering Kansas and have a place of employment or practice in Kansas; (d) be able to read and write English; and (e) not be disqualified to receive a commission by any of the grounds under Section 24 of the Act and amendments thereto.
  2. Requires an individual to do the following when filing an application to become a Notary before being commissioned by the Secretary of State: (a) execute an oath of office, (b) file an assurance in the form of a bond or its functional equivalent in the amount of $12,000, (c) provide evidence of completion of the course of study and passing of the examination required by Section 23 of the Act if the Notary will be performing notarial acts on electronic records or for remotely located individuals, (d) file an official signature and an impression of the official stamp; and (e) pay an application fee of $10.
  3. Provides that the $12,000 assurance shall cover acts performed during the term of the Notary's commission and must be in the form prescribed by the Secretary of State.
  4. Provides that if a Notary violates the law with respect to Notaries in Kansas, the surety or issuing entity is liable under the assurance.
  5. Provides that no suit shall be instituted against a Notary or the surety or issuing entity under the Notary's assurance more than 3 years after the cause of action accrues.
  6. Provides that the surety or issuing entity shall give notice to the Secretary of State 30 days before canceling a Notary’s assurance and that the surety or issuing entity will no longer be liable on a Notary’s assurance 30 days after receipt of notice of cancellation by the Secretary of State (formerly 14 days).
  7. Provides that whenever the Secretary of State receives notice of intent to cancel a Notary's assurance, the Secretary shall notify the affected Notary that unless the Notary files another assurance with the Secretary on or before the cancellation date, then the Notary will no longer be authorized to perform notarial acts.
  8. Requires the surety or issuing entity of the Notary’s assurance to notify the Secretary of State not later than 30 days after making a payment to a claimant under the assurance or the denial of a claim under the assurance.
  9. Clarifies that a Notary may perform notarial acts only during the period that a valid assurance is on file with the Secretary of State.
  10. Clarifies that a Notary commission does not provide a Notary any immunities or benefits conferred by law on public officials or employees.
  11. Provides that an applicant for registration to perform notarial acts on electronic records, a Notary must pass an examination administered by the Secretary of State or an entity approved by the Secretary.
  12. Requires the Secretary of State or an entity approved by the Secretary to regularly offer a course of study on the laws, rules, procedures, and ethics relevant to notarial acts with respect to electronic records.
  13. Provides that if a Notary changes their name by any legal action, the Notary must obtain a new official stamp that meets the requirements established by Section 18, and amendments thereto, and the stamp must contain the new name of the Notary.
  14. Requires that prior to performing any acts as a Notary after a name change a Notary must mail or deliver to the Secretary of State notice of the change of name and include a specimen of the new stamp and a specimen of the Notary's new official signature.
  15. Provides that if a Notary obtains a new stamp for any reason, the Notary shall mail or deliver to the Secretary of State notice of the change of stamp that shall include an impression of the new stamp.
  16. Provides that an individual may resign as a Notary by sending by mail or delivering to the Secretary of State notification of the individual's resignation or intent or desire to resign, and the Notary’s commission shall terminate upon delivery of the notification.
  17. Clarifies that a Notary's commission may not be automatically renewed and that a Notary who desires to renew a commission must be qualified and apply for a new commission as required in Section 22 of the Act.

Standards for Notarial Acts; Refusal to Perform Notarizations

  1. Provides that a notarial officer who takes an acknowledgment shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the acknowledgment has the identity claimed and that the signature on the record is the signature of the individual.
  2. Provides that a notarial officer who takes a verification of a statement on oath or affirmation shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the verification has the identity claimed and that the signature on the statement verified is the signature of the individual.
  3. Provides that a notarial officer who witnesses or attests to a signature shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and signing the record has the identity claimed.
  4. Provides that a notarial officer who certifies or attests a copy of a record or an item that was copied shall determine that the copy is a full, true, and accurate transcription or reproduction of the record or item.
  5. Provides that a notarial officer who makes or notes a protest of a negotiable instrument shall determine the matters provided in KSA 84-3-505(b), and amendments thereto.
  6. Allows Notaries to certify that a tangible copy of an electronic record is a true copy.
  7. Permits a notarial officer to refuse to perform a notarial act if the officer is not satisfied that the principal signer is competent or has the capacity to execute the record; or that the individual’s signature is knowingly and voluntarily made.
  8. Permits a notarial officer to refuse to perform a notarial act unless the refusal is prohibited by law other than the new Act.
  9. States that a notarial officer has personal knowledge of the identity of a signer if the individual is personally known to the officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed.
  10. States that a notarial officer has satisfactory evidence of the identity of an individual if the individual (a) presents a passport, driver’s license, or government-issued non-driver ID card that is valid or not expired by more than 3 years; (b) presents another form of government ID that contains the individual’s signature or photograph and is currently valid or not expired by more than 3 years and that is satisfactory to the notarial officer; or (c) brings a credible witness personally known to the individual who presents a form of ID listed above and who verifies under oath or affirmation that the witness knows the individual.
  11. Permits a notarial officer to require an individual to provide additional information or identification credentials to assure the officer that the individual has the identity claimed.
  12. Permits an individual who is physically unable to sign a record to direct an individual other than the notarial officer to sign the individual’s name on the record and requires the notarial officer to insert the following or substantially similar words, “Signature affixed by (insert name of other individual) at the direction of (insert name of individual).”

Notarial Certificate and Official Stamp

  1. Requires a notarial act to be evidenced by a certificate of the notarial act.
  2. Requires a notarial certificate to be executed contemporaneously with the performance of the notarial act.
  3. Requires a notarial certificate to include (a) the jurisdiction in which the notarial act is performed; (b) the title of the notarial officer; and (c) the date of expiration of the Notary’s commission.
  4. Requires a notarial certificate to be dated and signed by a Notary with the Notary’s signature in the same manner as on file with the Secretary of State.
  5. Requires a Notary to affix or emboss the Notary’s official stamp on the notarial certificate of a tangible record.
  6. Permits, but does not require, a notarial officer other than a Notary Public to affix or emboss an official stamp on the notarial certificate of a tangible record if the certificate contains the signature of the officer, the date of notarization, the jurisdiction where the notarial act was performed, and the title of the notarial officer.
  7. Permits, but does not require, a notarial officer, including a Notary, to attach or logically associate an official stamp on a notarial certificate on an electronic record if the notarial certificate contains the signature of the officer, date of notarization, the jurisdiction where the notarial act was performed, the title of the notarial officer, and if the notarial officer is a Notary, the date of expiration of the Notary’s commission.
  8. Clarifies that the text of a notarial certificate is sufficient if it meets the requirements of Sections 5, 6, and 7 (satisfying the requirements for a notarial act, requiring the signer to be physically present and requiring the individual to be identified by personal knowledge or satisfactory evidence).
  9. Provides that by signing a notarial certificate, a notarial officer certifies he or she has complied with Sections 4, 5, and 6 (satisfying the requirements for a notarial act, requiring the signer to be identified by personal knowledge or satisfactory evidence, and requiring personal appearance of the signer).
  10. Prohibits a notarial officer from signing a notarial certificate on a tangible or electronic record until the notarial act has been performed.
  11. Requires a notarial certificate to be part of, or securely attached to, a tangible record and affixed to, or logically associated with, an electronic record.
  12. Provides that if the Secretary of State has established standards in rules and regulations for attaching, affixing, or logically associating the notarial certificate, the process shall conform to the standards.
  13. Requires the Secretary of State to adopt rules and regulations providing short-form certificates for all authorized notarial acts.
  14. Prescribes the elements for the Notary’s official stamp. (Note: the informational elements remain the same as current law.)
  15. Requires the official stamp to be capable of being copied together with the record to which it is affixed or attached or with which it is logically associated (that is, on an electronic record).
  16. Prohibits a Notary from using an official stamp unless an impression of the stamp has been filed with the Secretary of State.
  17. Clarifies that a Notary is responsible for the security of the Notary’s stamping device and may not allow another person to use the device to perform a notarial act.
  18. Requires the Notary to disable the stamping device by destroying, defacing, damaging, erasing or securing it against use in a manner that renders it unusable upon resignation or expiration of the Notary’s commission or upon expiration of the date set forth in the stamping device.
  19. Requires the Notary’s personal representative or any other person knowingly in possession of the stamping device to disable the stamping device by destroying, defacing, damaging, erasing, or securing it against use in a manner that renders it unusable upon the death or adjudication of incompetency of a Notary or former Notary.
  20. Requires a Notary or Notary’s personal representative to notify promptly the Secretary of State if the Notary’s stamping device is lost or stolen.

Journal

  1. Requires a Notary to keep a journal of notarial acts for all notarial acts the Notary performs.
  2. Permits the journal maintained by a Notary to be kept on a tangible medium or electronic format.
  3. Requires a journal kept on a tangible medium to be a permanent, bound register with numbered pages and a journal kept in electronic format to be in a permanent, tamper-evident electronic format complying with the rules of the Secretary of State.
  4. Requires a Notary to record a journal entry contemporaneously with the performance of the notarial act.
  5. Prescribes the following entries for each journal record: (a) the date and time of the notarial act; (b) a description of the record, if any, and the type of notarial act; (c) the full name and address of each individual for whom a notarial act is performed; (d) if the identity of the individual is based on personal knowledge, a statement to that effect; (e) if the identity of the individual is based on satisfactory evidence, a brief description of the method of identification and the identification credential presented, if any, including the date of issuance and expiration of any identification credential; and (e) the fee for the notarial act if any.
  6. Provides that if a Notary's journal is lost or stolen, the notary public shall promptly notify the Secretary of State on discovering that the journal is lost or stolen.
  7. Provides that on resignation from, or the revocation or suspension of, a Notary's commission, the notary shall retain the notary's journal for 10 years and inform the Secretary of State where the journal is located.
  8. Provides that instead of retaining a journal for 10 years and notifying the Secretary where the journal is located, a current or former Notary may transmit the journal to a repository approved by the Secretary.
  9. Provides that on the death or adjudication of incompetency of a current or former Notary, the Notary's personal representative or guardian or any other person knowingly in possession of the journal shall: (a) retain the Notary's journal in accordance for 10 years or transmit the journal to a repository approved by the Secretary, and (b) inform the Secretary where the journal is located.

Notarial Acts for Remotely Located Individuals

  1. Provides that a remotely located individual may comply with Section 6 of the RULONA requiring an individual to appear personally before a notarial officer for a notarial act.
  2. Requires a Notary to notify the Secretary of State that the Notary will be performing notarial acts facilitated by communication technology before the Notary performs the first such notarization, requires the Notary to identify the technology the Notary will use, and requires the Notary to provide proof that the Notary has completed the course of study and passed the examination required to perform these notarial acts.
  3. Requires a Notary who notifies the Secretary of State that the Notary will be performing notarial acts facilitated by communication technology to pay an information and services fee in an amount to be determined by the Secretary but not to exceed $25.
  4. Provides that a Notary may verify the identity of a remotely located individual by personal knowledge, the oath or affirmation of a credible witness appearing physically before the Notary or by means of communication technology, or two different types of identity proofing processes or services.
  5. Provides that if the Secretary of State has adopted standards in rules for approval of communication technology or identity proofing, the communication technology and identity proofing must conform to the standards.
  6. Provides that a Notary who performs a notarial act for a remotely located individual must reasonably be able to identify the record in which the remotely located individual made a statement or executed a signature.
  7. Provides that a Notary who performs a notarial act for a remotely located individual must create an audio-visual recording of the notarial act that includes all interactions between the Notary and the remotely located individual.
  8. Provides that if the remotely located individual for whom a Notary performs a notarial act using communication technology is located outside the United States, the record that is the subject of the notarial act must be filed with or relate to a matter before a public official or court, governmental entity or other entity subject to the jurisdiction of the United States or involve property located in the territorial jurisdiction of the United States or involves a transaction substantially connected with the United States.
  9. Provides that if the remotely located individual for whom a Notary performs a notarial act using communication technology is located outside the United States the notarial act must not be prohibited by the foreign state where the remotely located individual is located.
  10. Requires a notarial certificate for a notarial act involving a remotely located individual to indicate the notarial act was performed by means of communication technology.
  11. Clarifies that a short-form certificate provided in Section 17 of the Act is sufficient to be used for a notarial act for a remotely located individual if the certificate is in the form provided in Section 17 and contains the following or similar statement, “This notarial act involved the use of communication technology” or the certificate complies with regulations promulgated by the Department of State.
  12. Requires a Notary, a guardian, a conservator or an agent of a Notary, or a personal representative of a deceased Notary to retain the audio-visual recordings of remote online notarizations or cause the recordings to be retained by a repository designated by or on behalf of the Notary for at least 10 years after the recording is created unless a different period is required by rules and regulations adopted by the Secretary of State.
  13. Requires the Secretary of State to adopt regulations related to notarial acts for remotely located individuals and clarifies that the regulations issued by the Secretary of State must (a) prescribe the means of performing a notarial act involving communication technology to communicate with a remotely located individual; (b) establish standards for communication technology and identity proofing; (c) establish requirements or procedures to approve providers of communication technology and the process of identity proofing, and (d) establish standards and periods for the retention of audio-visual recordings.

Notarization of Electronic Records

  1. Permits a Notary Public to select one or more tamper-evident technologies to perform notarial acts on electronic records.
  2. Prohibits any person from requiring a Notary Public to perform a notarial act with respect to an electronic record with a technology the Notary has not selected.
  3. Requires a Notary to notify the Secretary of State that the Notary will be performing notarial acts with respect to electronic records.
  4. Provides that in the notification to the Secretary of State, the Notary must identify the technology the Notary intends to use prior to performing the Notary’s first notarial act on an electronic record, provide evidence that the Notary has completed the required course of instruction and passed the required examination and pay an information and services fee in an amount determined by the Secretary of State adopted in rules and regulations, not to exceed $25.
  5. Clarifies that if the Secretary of State has established standards for approval of the technology, the technology selected by the Notary must conform to the standards; and further clarifies that the Secretary shall approve the technology if it complies with the standards.
  6. Clarifies that a Notary's electronic signature must conform to any standards promulgated by the Secretary of State.

Prohibited Acts; Advertising Requirements; Grounds for Administrative Action Against the Commission of a Notary

  1. Prohibits a notarial officer from performing a notarial act if the officer or officer’s spouse is a party to or named in the record that is to be notarized or in which either have a direct financial or beneficial interest as defined.
  2. Declares that a notarial act performed by a notarial officer under #1 above is voidable.
  3. States that a commission to perform notarial acts does not allow an individual to (a) assist persons in drafting legal records, give legal advice or otherwise practice law; (b) act as an immigration consultant or expert; (c) represent a person in a judicial or administrative proceeding relating to immigration to the U.S. or U.S. citizenship; or (d) receive compensation for performing these activities.
  4. Prohibits a Notary from engaging in false or deceptive advertising and classifies an offense as a deceptive act or practice pursuant to KSA 50-626 and amendments thereto, and subject to the remedies and penalties provided by the Kansas Consumer Protection Act.
  5. Prohibits a Notary, other than an attorney licensed to practice law in Kansas, from using the term “notario” or “notario publico” and classifies an offense as a class B nonperson misdemeanor and as a deceptive act or practice pursuant to KSA 50-626 and amendments thereto, and subject to the remedies and penalties provided by the Kansas Consumer Protection Act.
  6. Prohibits a Notary from withholding access to or possession of any original record provided by a person that requests performance of a notarial act, except as otherwise allowed by law. 
  7. Prohibits a Notary, other than an attorney licensed to practice law in Kansas, from advertising or representing that the Notary may assist persons in drafting legal records, give legal advice, or otherwise practice law and classifies an offense as a class B nonperson misdemeanor.
  8. Requires a Notary who is not an attorney and who in any manner advertises or represents that the Notary offers notarial services, whether orally or in a record, including broadcast or print media, and the Internet, to include the following statement or an alternative statement authorized by the Secretary of State in the advertisement or representation, prominently and in each language used in the advertisement or representation: “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.” If the form of advertisement or representation is not broadcast and print media, or the Internet, and does not permit the inclusion of the statement due to size, the statement must be prominently displayed or provided at the place of performance of the notarial act before the act is performed. The bill classifies an offense as a class B nonperson misdemeanor and a deceptive act or practice pursuant to KSA 50-626 and amendments thereto, and subject to the remedies and penalties provided by the Kansas Consumer Protection Act.
  9. Permits the Secretary of State to take action against the commission of a Notary for (a) failure to comply with the Act; (b) a fraudulent, dishonest, deceitful, misstatement or omission of fact in the application for a commission as a Notary; (c) a conviction of the applicant or Notary of any felony or a crime involving fraud, dishonesty or deceit, including entering into a diversion agreement in lieu of further criminal proceedings for such crime; (d) a finding against, or admission of liability by, the applicant or Notary in any legal proceeding or disciplinary action based on the applicant's or Notary's fraud, dishonesty or deceit; (e) failure by the Notary to discharge any duty required of a Notary, whether by the Act, rules of the Secretary of State or any federal or state law; (f) use of false or misleading advertising or representation by the Notary representing that the Notary has a duty, right or privilege that the Notary does not have; (g) violation by the Notary of a rule or regulation of the Secretary of State regarding a Notary; (h) denial, refusal to renew, revocation, suspension or conditioning of a Notary commission in another state; (i) failure of a Notary to maintain an assurance (surety bond or its functional equivalent); (j) denial, revocation or suspension of a professional license, if such denial, revocation or suspension was for fraud, dishonesty, deceit or any cause substantially relating to the duties or responsibilities of a notary public; (k) cessation of United States citizenship; (l) incapacitation to such a degree that the person is incapable of reading or writing the English language; (m) violation of Section 25(b), (c) or (d), and amendments thereto (relating to notarizing with a disqualifying interest); and (n) or violation of Section 25(a), (e), (f), (g) or (h), and amendments thereto (relating to the unauthorized practice of law, deceptive advertising, use of the term “notario,” representing that one can practice law if one is not an attorney and failing to included the prescribed notice in an advertisement as a Notary, and withholding access to or possession of an original record).
  10. Provides that a Notary whose commission has been revoked for a reason outlined in (a) through (m) above may not apply for a new commission until the expiration of 4 years from the date of revocation.
  11. Provides that a Notary whose commission has been revoked for a reason outlined in (n) above shall be prevented from ever applying again for a Notary commission.

Recognition of Authority to Perform Notarial Acts

  1. Provides that the notarial acts may be performed in Kansas by (a) a Notary Public; (b) a judge, clerk or deputy clerk of a Kansas court; (c) a county clerk or deputy county clerk; (d) an election commissioner or assistant election commissioner; of (e) any other individual authorized by Kansas law of to perform notarial acts; and further provides that the signature and title of an individual performing a notarial act in Kansas are prima facie evidence that the signature is genuine and that the individual holds the designated title, and the signature and title of a notarial officer described in sections (a)(1) through (a)(4) conclusively establish the authority of the notarial officer to perform the notarial act.
  2. Recognizes the notarial acts performed by the following officers of another state as having the same effect under Kansas law as if performed by a Kansas notarial officer: (a) a Notary of that state; (b) a judge, clerk or deputy clerk of a court of that state and (c) any other individual authorized by the law of that state to perform the notarial act; and further provides that the signature and title of an individual performing a notarial act in another state are prima facie evidence that the signature is genuine and that the individual holds the designated title, and the signature and title of a notarial officer described in sections (a) and (b) conclusively establish the authority of the notarial officer to perform the notarial act.
  3. Recognizes the notarial acts performed by the following officers of a federally recognized American Indian tribe as having the same effect under Kansas law as if performed by a Kansas notarial officer: (a) a Notary of that tribe; and (b) a judge, clerk or deputy clerk of a court of the tribe; or (c) any other individual authorized by the law of the tribe to perform the notarial act; and further provides that the signature and title of an individual performing a notarial act under the authority of and in the jurisdiction of a federally recognized Indian tribe are prima facie evidence that the signature is genuine and the individual holds the designated title, and the signature and title of a notarial officer described in sections (a) and (b) conclusively establish the authority of the notarial officer to perform the notarial act.
  4. Recognizes the notarial acts performed by the following officers under federal law as having the same effect under Kansas law as if performed by an Kansas notarial officer: (a) a judge, clerk or deputy clerk of a court; (b) an individual in military service or performing duties under the authority of military service who is authorized to perform notarial acts under federal law; (c) an individual designated a notarial officer by the United States Department of State for performing notarial acts overseas; and (d) any other individual authorized by federal law to perform the notarial act; and further provides that the signature and title of an individual acting under federal authority and performing a notarial act are prima facie evidence that the signature is genuine and that the individual holds the designated title, and the signature and title of a notarial officer described in sections (a) and (b) and (c) conclusively establish the authority of the notarial officer to perform the notarial act.
  5. Provides that if a notarial act is performed under the authority and in the jurisdiction of a foreign state or constituent unit of the foreign state or is performed under the authority of a multinational or international governmental organization, a notarial act has the same effect under Kansas law as if performed by a Kansas notarial officer; and further provides that the signature and official stamp of an individual holding an office described are prima facie evidence that the signature is genuine and the individual holds the designated title.
  6. Provides if the title of office and indication of authority to perform notarial acts in a foreign state appears in a digest of foreign law or in a list customarily used as a source for that information, the authority of an officer with that title to perform notarial acts is conclusively established.
  7. Provides that an apostille in the form prescribed by the Hague Convention of October 5, 1961, and issued by a foreign state party to the Convention conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office.
  8. Provides that a consular authentication issued by an individual designated by the United States Department of State as a notarizing officer for performing notarial acts overseas and attached to the record with respect to which the notarial act is performed conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office.

Administrative Rules

  1. Requires the Secretary of State to adopt rules and regulations to implement the Act including but not limited to: (a) prescribing the manner of performing notarial acts regarding tangible and electronic records; (b) including provisions to ensure that any change to or tampering with a record bearing a certificate of a notarial act is self-evident; (c) including provisions to ensure integrity in the creation, transmittal, storage or authentication of electronic records or signatures; (d) prescribing the process of granting, renewing, conditioning, denying, suspending or revoking a Notary commission and assuring the trustworthiness of an individual holding a commission as Notary; (e) including provisions to prevent fraud or mistake in the performance of notarial acts; (f) establishing the process for approving and accepting surety bonds and other forms of assurance as allowed by law; and (g) providing for the administration of the examination and the course of study required by law.
  2. Stipulates that in adopting rules and regulations regarding notarial acts performed on electronic records, the Secretary of State shall consider, so far as it is consistent with the Act the standards, practices, and customs of other jurisdictions that substantially enact the RULONA and the most recent standards regarding electronic records promulgated by national bodies, such as the National Association of Secretaries of State.

Repealed Provisions

  1. Repeals the prior provision penalizing a Notary who willfully neglects or refuses to attach to the Notary’s official signature the date of expiration of appointment, with a Class C misdemeanor.
  2. Repeals the prior short-form certificates of notarial acts enacted under the Uniform Law on Notarial Acts.

Miscellaneous

  1. Clarifies that except as provided in in Section 25(b) (relating to notarizing with a disqualifying interest), the failure of a notarial officer to perform the duties or meet the requirements specified in the Act does not invalidate a notarial act performed by the officer.
  2. Provides that the validity of a notarial act under the new Act does not prevent an aggrieved person from seeking to invalidate the record or transaction that is the subject of the notarial act or from seeking other remedies based upon other law; and that the Act does not validate a purported notarial act performed by an individual who does not have the authority to perform the notarial act.
  3. Clarifies that the Act does not affect the validity and effect of a notarial act performed before January 1, 2022.
  4. Clarifies that in applying and construing the Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.
  5. Clarifies that the Act modifies, limits, and supersedes the federal E-SIGN Act, but does not modify, limit or supersede Section 7001(c) of E-SIGN or authorize electronic delivery of any of the notices described in Section 7003(b) of E-SIGN.
  6. Provides that a cause of action that has accrued against a notary or the notary's securities before January 1, 2022, are governed by any statute or other rule amended or repealed by this Act as if amendment or repeal had not occurred.
  7. Provides that a Notary commission in effect on the effective date of the new law continues until its date of expiration.
  8. Provides that a Notary who applies to renew a commission on or after the effective date of the new law must comply with the requirements for commissioning in the new law.
  9. Provides that a Notary, in performing notarial acts after the effective date of the new law, must comply with the new law.
  10. Makes technical changes.
Analysis:

The Kansas Legislature has passed, and the Governor has signed into law, sweeping changes to Kansas’s Notary statutes. Senate Bill 106 enacts the Revised Uniform Law on Notarial Acts and repeals the prior Uniform Law on Notarial Acts (ULONA), effective January 1, 2021. Senate Bill 106 adds a new journal requirement for all notarizations and requires Notaries who want to perform notarial acts on electronic records or for remotely located individuals (remote notarization) to take a course of instruction and pass an examination and raises the required Notary bond (called an “assurance” under the Act) from $7,500 to $12,000. The new law requires the Secretary of State to adopt rules and regulations to implement the RULONA, including the provisions related to notarizations for remotely located individuals.

Read the bill text.

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