Completing Notarial Certificates Flashcards

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?

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.

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?

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.

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?

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.

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?

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.

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

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'.

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?

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.