KS - Notary Completing Notarial Certificates Questions and Answers — Questions and Answers
Question 1: A signer brings you a document that has no notarial certificate. Which of the following is the correct action for a Kansas notary to take?
- Proceed with the notarization by simply affixing the official stamp and signature.
- Refuse to notarize the document because it is incomplete.
- Advise the signer on which type of notarial certificate (e.g., acknowledgment or jurat) is legally appropriate for their document.
- Show the signer the different types of notarial certificates, explain their functions, and allow the signer to choose. (Correct answer)
Correct answer: Show the signer the different types of notarial certificates, explain their functions, and allow the signer to choose.
Kansas notary law prohibits notaries from choosing the type of notarial act on behalf of the signer, as this would constitute the unauthorized practice of law. The notary may, however, describe the different types of notarial acts (like an acknowledgment or a jurat) and let the signer or the document's originator choose the appropriate certificate. Affixing a stamp without a certificate is a violation of law.
Question 2: When completing a jurat (also known as a verification on oath or affirmation) in Kansas, which of the following steps is required that is NOT required for an acknowledgment?
- Verifying the identity of the signer through satisfactory evidence.
- Requiring the personal appearance of the signer.
- Administering an oath or affirmation to the signer. (Correct answer)
- Completing all parts of the notarial certificate and affixing the seal.
Correct answer: Administering an oath or affirmation to the signer.
A verification on oath or affirmation (jurat) requires the notary to administer an oath or affirmation to the signer, where the signer declares that the statements in the document are true. While personal appearance and identity verification are required for both acts, the oath/affirmation is unique to the jurat.
Question 3: A Kansas notarial certificate must contain several key elements to be considered complete. Which of the following is NOT a required element on the certificate itself?
- The notary's official signature and the date of the notarial act.
- The jurisdiction (state and county) where the notarial act is performed.
- The fee charged for the notarial service. (Correct answer)
- The date the notary's commission expires.
Correct answer: The fee charged for the notarial service.
While a notary must keep a record of fees in their journal, the fee charged for the service is not a required element to be written on the notarial certificate itself. Kansas law requires the certificate to include the notary's signature, the date of the act, the jurisdiction, and the commission expiration date.
Question 4: A person is physically unable to sign a document but wishes to have it notarized in Kansas. According to K.S.A. 53-5a09, what is the proper procedure for completing the notarial certificate?
- The notary may sign the individual's name at their direction and then notarize the signature.
- The individual may make an 'X' or other mark, which the notary then certifies.
- The individual directs another person (not the notary) to sign their name, and the notary adds specific language to the certificate. (Correct answer)
- The notary must refuse the notarization as the signer cannot personally execute a signature.
Correct answer: The individual directs another person (not the notary) to sign their name, and the notary adds specific language to the certificate.
K.S.A. 53-5a09 specifically allows an individual who is physically unable to sign to direct another person, other than the notary, to sign on their behalf. The notary must then add a phrase such as 'Signature affixed by (Name of Proxy Signer) at the direction of (Name of Individual)' to the notarial certificate.
Question 5: Which of the following must be included on a Kansas notary's official stamp used on a tangible document's notarial certificate?
- The notary's commission number and county of residence.
- The notary's name, the words 'Notary Public', and 'State of Kansas'. (Correct answer)
- The Great Seal of the State of Kansas and the notary's signature.
- The notary's business address and phone number.
Correct answer: The notary's name, the words 'Notary Public', and 'State of Kansas'.
Kansas law requires that a notary's official stamp include three specific pieces of information: the notary's name exactly as it appears on the commission, the title 'Notary Public', and the words 'State of Kansas'.
Question 6: A document is presented for an acknowledgment in Kansas, and you notice the notarial certificate has been pre-filled with a date from last week. The signer is present today and confirms their signature. What is the correct course of action?
- Accept the pre-filled date as it is close to the current date.
- Cross out the incorrect date, write in the correct current date, and initial the change. (Correct answer)
- Refuse the notarization and require the signer to get a new, undated document.
- Ask the signer to cross out the incorrect date and write the correct one.
Correct answer: Cross out the incorrect date, write in the correct current date, and initial the change.
The notarial certificate must reflect the exact date the notarial act is being performed. If information on the certificate is incorrect, the notary should line through the error, write the correct information, and initial the correction. The notarization takes place when the signer personally appears before the notary, so the date must be the date of that appearance.
KS - Notary Completing Notarial Certificates Questions and Answers
A signer brings you a document that has no notarial certificate.
Which of the following is the correct action for a Kansas notary to take?