Kansas Notary Public Examination — Questions and Answers

Question 1: A Missouri resident works a full-time job at an office in Overland Park, Kansas. They are 19 years old, a U.S. citizen, and can read and write English. Are they eligible to apply for a Kansas notary commission?

No, because they are not a legal resident of Kansas.
Yes, because they meet the age, citizenship, and border state employment requirements. (Correct answer)
Yes, but they can only perform notarial acts for their employer.
No, because the minimum age is 21.

Correct answer: Yes, because they meet the age, citizenship, and border state employment requirements.

Kansas law allows residents of bordering states to become Kansas notaries if they are regularly employed or conduct business in Kansas. Since the individual works full-time in Kansas and meets the other qualifications (over 18, U.S. citizen, proficient in English), they are eligible to apply. Once commissioned, their authority is not limited to their place of employment.

Question 2: Can a Kansas notary notarize a document in a language they do not understand?

Yes, if the signer provides a translation
Yes, as long as the signer understands it
No, the notary must fully understand the document (Correct answer)
Yes, but only if a third party verifies the contents

Correct answer: No, the notary must fully understand the document

While a notary does not verify the *truthfulness* of a document's contents, they must understand the *type* of document and the notarial act being requested. If a document is in a language the notary does not understand, they cannot properly identify the notarial certificate or ensure the signer is aware of what they are signing. Therefore, a Kansas notary should refuse to notarize documents in a language they cannot read.

Question 3: A Kansas notary is asked to notarize a real estate deed for their spouse. The notary will not receive any direct payment for the notarization itself, but their spouse is selling the property and will profit from the sale. What should the notary do?

Perform the notarization since they are not being paid for the service.
Perform the notarization but add a note in the journal about the relationship.
Refuse to perform the notarization because they have a prohibited conflict of interest. (Correct answer)
Ask another notary in the office to perform the notarization while they observe.

Correct answer: Refuse to perform the notarization because they have a prohibited conflict of interest.

Kansas law prohibits a notary public from performing any notarial act in connection with a transaction where the notary or their spouse has a direct financial or beneficial interest. Even if the notary isn't paid for the act itself, the financial gain to the spouse from the transaction creates a conflict of interest.

Question 4: A notary in Kansas has just finished their four-year commission. For how long must they retain their notary journal after the date of the last entry?

Indefinitely
10 years (Correct answer)
For the duration of their new commission
5 years

Correct answer: 10 years

Per Kansas statute K.S.A. 53-5a20, a notary public is required to retain their journal for 10 years after the performance of the last notarial act chronicled in it. This applies even after the notary's commission has expired.

Question 5: What is a common penalty for a Kansas notary who commits a notarization fraud?

Revocation of notarial commission (Correct answer)
Monetary fine only
Warning from the Secretary of State
Suspension of notarial commission

Correct answer: Revocation of notarial commission

Notarization fraud is a severe offense that compromises the integrity of the notarial act and carries significant legal repercussions. For a Kansas notary, engaging in fraud typically leads to the revocation of their notarial commission. This means they permanently lose their authority to perform notarial acts, reflecting the gravity of abusing public trust and the importance of ethical conduct.

Question 6: Can a Kansas notary public notarize electronic documents?

Yes, but only for government documents
No, Kansas does not allow electronic notarization
Yes, any notary public can notarize electronic documents
Yes, but only if they are also a certified electronic notary (Correct answer)

Correct answer: Yes, but only if they are also a certified electronic notary

Kansas allows for electronic notarization, but it requires notaries to obtain a specific certification as an electronic notary public in addition to their traditional commission. This ensures that notaries performing electronic acts have the necessary training, technology, and understanding to comply with the specific legal requirements for electronic notarizations, which differ from traditional paper notarizations.

Question 7: 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 fee charged for the notarial service. (Correct answer)
The date the notary's commission expires.
The jurisdiction (state and county) where the notarial act is performed.

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 8: 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?

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)
Proceed with the notarization by simply affixing the official stamp and signature.

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 9: Which of the following must be included on a Kansas notary's official stamp used on a tangible document's notarial certificate?

The Great Seal of the State of Kansas and the notary's signature.
The notary's business address and phone number.
The notary's commission number and county of residence.
The notary's name, the words 'Notary Public', and 'State of Kansas'. (Correct answer)

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 10: A Kansas notary who works for a law firm resigns from their job. The employer paid for the notary's commission, bond, stamp, and journal. Who is entitled to possess the notary's journal and stamp?

The law firm's managing partner.
The notary, as the commission and tools belong to the individual. (Correct answer)
The notary must surrender the items to the Secretary of State.
The employer, because they paid for all the materials.

Correct answer: The notary, as the commission and tools belong to the individual.

The Kansas Secretary of State's office clarifies that a notary commission, including the stamp and journal, belongs to the individual notary, regardless of who paid for them. A notary who leaves employment should keep their stamp and journal.

Question 11: What is required for a Kansas notary public to resign their commission?

No action is required, the commission will automatically terminate
They must transfer their commission to another person
They must notify the Secretary of State in writing (Correct answer)
They must wait until their commission expires

Correct answer: They must notify the Secretary of State in writing

To properly resign a notary public commission in Kansas, the notary must formally notify the Kansas Secretary of State in writing. This official notification ensures that the state's records are updated, and the notary's responsibilities and authority are formally terminated. This prevents any confusion or potential misuse of their commission after they cease to serve.

Question 12: Which of the following is NOT an acceptable method for a Kansas notary to verify the identity of a signer?

Accepting a sworn statement from a credible witness known to the signer but not the notary. (Correct answer)
Verification on oath of a credible witness who is personally known to the notary.
Viewing a valid U.S. Passport.
Personal knowledge of the signer.

Correct answer: Accepting a sworn statement from a credible witness known to the signer but not the notary.

A credible witness must be personally known to the notary, or the notary must be able to identify the witness through a passport, driver's license, or other government-issued ID. A witness only known to the signer is not sufficient.

Question 13: Which of the following is a mandatory qualification for an individual seeking to become a Notary Public in Kansas?

Hold a valid Kansas driver's license.
Be at least 21 years of age.
Be a resident of Kansas for at least one year.
Be a legal resident of Kansas or a resident of a bordering state who is regularly employed in Kansas. (Correct answer)

Correct answer: Be a legal resident of Kansas or a resident of a bordering state who is regularly employed in Kansas.

Kansas law requires a notary applicant to be a legal resident of Kansas OR a resident of a bordering state (Missouri, Nebraska, Colorado, or Oklahoma) who regularly carries on a business or profession in Kansas or is regularly employed in the state. The minimum age is 18, not 21, and there are no specific durational residency or driver's license requirements mentioned in the statutes.

Question 14: A first-time notary applicant in Kansas is preparing their application packet for the Secretary of State. What is the required surety bond amount they must obtain?

$5,000
$12,000 (Correct answer)
$7,500
$10,000

Correct answer: $12,000

Effective January 1, 2022, Kansas law requires all new and renewing notary applicants to secure a $12,000 surety bond for their four-year commission term. This bond protects the public from financial harm due to notarial errors or misconduct.

Question 15: In Kansas, how must a notary public maintain their notarial seal?

It must be kept in a locked drawer
It must be kept in the notary's personal possession at all times (Correct answer)
It must be stored at the notary's place of employment
It must be shared with other notaries in the office

Correct answer: It must be kept in the notary's personal possession at all times

A notary's official seal is a critical tool for performing notarial acts and must be protected from unauthorized use. Kansas law requires notaries to keep their seal in their exclusive personal possession and control at all times. This prevents others from misusing the seal and helps maintain the security and integrity of notarizations, safeguarding against fraud.

Question 16: What is the primary ethical obligation of a Kansas notary public?

To maintain impartiality and avoid conflicts of interest (Correct answer)
To maximize fees for notarial services
To offer legal advice to signers
To notarize documents for friends and family only

Correct answer: To maintain impartiality and avoid conflicts of interest

The primary ethical obligation of a Kansas notary public, like all notaries, is to act as an impartial witness. This means they must avoid any situation where they have a personal or financial interest in the document or transaction, which could compromise their neutrality. Impartiality is crucial for upholding the public trust in notarial acts and ensuring their validity.

Question 17: 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?

Refuse the notarization and require the signer to get a new, undated document.
Cross out the incorrect date, write in the correct current date, and initial the change. (Correct answer)
Ask the signer to cross out the incorrect date and write the correct one.
Accept the pre-filled date as it is close to the current date.

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.

Question 18: A Kansas state agency employee is commissioned as a notary and is asked to notarize documents for official agency business. What fee may the employee-notary charge the agency?

The standard maximum of $2 per act
A reduced fee of $1 per act
Any fee agreed upon with the requesting party
No fee, as they are already compensated through their government salary (Correct answer)

Correct answer: No fee, as they are already compensated through their government salary

Government employees acting as notaries for official government business generally cannot charge fees, as they are already compensated through their employment.

Question 19: What must a Kansas notary public do if a signer does not present proper identification?

Ask the signer to bring a witness who knows both the signer and the notary
Refuse to notarize the document (Correct answer)
Accept a verbal confirmation of identity
Notarize the document if they know the signer personally

Correct answer: Refuse to notarize the document

Kansas notary law mandates that a notary public must verify the identity of the signer using satisfactory evidence, typically government-issued identification. If a signer cannot present proper identification, the notary must refuse to perform the notarization. This strict requirement is essential to prevent fraud and ensure the authenticity of the signature and the notarial act.

Question 20: 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.
Completing all parts of the notarial certificate and affixing the seal.
Administering an oath or affirmation to the signer. (Correct answer)

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 21: A Kansas notary advertises their services online stating they charge $10 per notarial act. Is this advertisement lawful?

Yes, advertised rates may differ from what is actually charged at the time of service
No, but only if a signer actually pays $10 and then complains
Yes, if the notary believes the local market supports that rate
No, advertising a fee above the $2 statutory maximum misrepresents the notary's lawful charges (Correct answer)

Correct answer: No, advertising a fee above the $2 statutory maximum misrepresents the notary's lawful charges

Advertising fees above the statutory maximum is improper and misleading; a notary's advertised fees must comply with the $2 per-act maximum for in-person services.

Question 22: A signer appears before a Kansas notary with a Kansas driver's license that expired two years ago. According to Kansas law, what is the appropriate action for the notary to take?

Ask for a second form of unexpired identification.
Reject the ID because it is expired.
Accept the ID as it is not expired by more than three years. (Correct answer)
Proceed with the notarization but note in the journal that the ID was expired.

Correct answer: Accept the ID as it is not expired by more than three years.

Kansas law (K.S.A. 53-5a07) permits a notary to accept a government-issued identification card, such as a driver's license, that is expired, provided it has not been expired for more than three years prior to the notarial act.

Question 23: Under Kansas law, what constitutes 'satisfactory evidence' of a signer's identity?

Personal knowledge of the signer's spouse.
A signed letter from the signer's employer.
A government-issued identification card that contains a signature and photograph. (Correct answer)
A credit card with a photograph.

Correct answer: A government-issued identification card that contains a signature and photograph.

Kansas law defines satisfactory evidence as a passport, driver's license, or government-issued nondriver ID card, or another form of government identification that contains the signature and a photograph of the person and is satisfactory to the notary.

Question 24: Which of the following actions is a Kansas notary public prohibited from performing?

Charging a fee for notarial services
Notarizing a document written in a foreign language
Notarizing a document for a family member
Notarizing a document in which they have a financial interest (Correct answer)

Correct answer: Notarizing a document in which they have a financial interest

A core principle of notarization in Kansas, as in other states, is impartiality. Notaries are strictly prohibited from performing any notarial act if they have a direct financial or beneficial interest in the transaction or document. This rule prevents conflicts of interest and upholds the integrity of the notarial process, ensuring the notary acts without bias.

Question 25: If a signer does not understand the document they are signing, what is the ethical action for a Kansas notary to take?

Refuse to notarize until the signer understands (Correct answer)
Have the signer initial the document indicating they do not understand
Explain the document to the signer
Proceed with the notarization if the signer insists

Correct answer: Refuse to notarize until the signer understands

A notary public must ensure that the signer appears willing and aware of what they are signing. If a signer does not understand the document, they may not be signing it knowingly and voluntarily, which is a requirement for a valid notarial act. An ethical Kansas notary should refuse to proceed with the notarization until the signer demonstrates understanding, potentially advising them to seek legal counsel.

Question 26: A client presents a document with a pre-printed acknowledgment certificate. However, the client insists that you must administer an oath for the document to be valid. What is the proper course of action for a Kansas notary?

Refuse the notarization because the signer is providing improper instructions.
Cross out the acknowledgment certificate, write in jurat language, and proceed with the oath.
Administer the oath and then complete the acknowledgment certificate as printed.
Explain the purpose of an acknowledgment and perform the notarization as indicated by the certificate on the document. (Correct answer)

Correct answer: Explain the purpose of an acknowledgment and perform the notarization as indicated by the certificate on the document.

A Kansas notary must complete the notarial certificate provided on the document. The notary should not alter the certificate or perform a different act than the one certified. The correct action is to explain the difference to the signer and perform the act corresponding to the printed certificate. If the signer still insists on an oath, they would need to have the document's certificate changed by the issuer.

Kansas Notary Public Examination

The Kansas Secretary of State's online examination tests applicants' knowledge of notary laws, authorized notarial acts, identification requirements, certificate completion, and ethical duties required to perform notarial acts in Kansas, including IPEN and RON.

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30 min

Time Limit

80%

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