Senate Bill 106 brings with it a number of changes for Notaries this year. Notaries in The Sunflower State can expect to increase their bond amount, use a journal and more starting on January 1, 2022.
Bond increase
The required bond, or assurance, increases from $7,500 to $12,000. Notaries applying on or after January 1, 2022, will need to buy a $12,000 bond. Current Notaries, including those whose applications were filed on December 31, 2021, only need to have a $7,500 bond.
Current Notaries may buy a higher bond by submitting a rider with Form NC.
Required journal
Keeping a journal will be required of all current and new Notaries. Journals may be either in a tangible form or in an electronic format. Tangible journals must be a permanent, bound register with numbered pages, and electronic journals be tamper-evident.
Notaries may keep only one hardcopy journal at a time but may maintain more than one electronic journal. Paper notarizations can be recorded in either a physical or electronic journal, but remote notarizations must be recorded in an electronic journal.
The following information must be included in a journal entry:
- The date and time of the notarial act
- A description of the record, if any, and the type of notarial act
- The full name and address of each individual for whom a notarial act is performed
- If the identity of the individual is based on personal knowledge, a statement to that effect
- 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
- The fee for the notarial act if any
Journals must be retained for 10 years after the last notarial act.
Remote online notarization
Kansas joins the 40 other states that have enacted permanent remote online notarization. In order to provide remote Notary services, Notaries must take a course of study and pass an exam — the course being administered by the Secretary of State. An information and services fee of $25 will need to be paid.
To learn more, check out this step-by-step guide on becoming a remote Notary in Kansas.
Lower application fee
The fee to apply for a Notary Public commission decreases from $25 to $10.
Commission qualifications
Applicants must be U.S. citizens when applying for their Kansas Notary Public commission.
New Notarial act
Notaries may certify that a tangible copy of an electronic record is a true copy.
Prohibited act
The Secretary of State prohibits Notaries from notarizing documents in which the Notary or their spouse is a party to or named in the record. Additionally, Notaries may not perform notarizations in which either the Notary or their spouse has a direct financial or beneficial interest.
Notarial certificates
The certificates you use may change when the Secretary of State adopts rules. We'll update this article if that happens.
Rachel Fraser is the Content Marketing Specialist at the National Notary Association.