KS - Notary Prohibited Acts and Misconduct Questions and Answers

Question 1

A Kansas notary is asked to notarize a bill of sale for a vehicle.
The notary is the one purchasing the vehicle from the signer.
According to Kansas law, what is the correct action for the notary to take?

Accepted Answer

Ask another notary to perform the notarization because the notary is a party to the transaction.

Answer

Proceed with the notarization since no fee is being charged.

Answer

Notarize the document, but make a special note in the journal about the conflict of interest.

Answer

Sign the document as the buyer and then complete the notarial certificate for the seller's signature.

Question 2

A client brings a power of attorney document to a Kansas notary but is unsure whether it needs an acknowledgment or a verification on oath or affirmation. Which of the following actions constitutes the unauthorized practice of law?

Accepted Answer

Advising the client that an acknowledgment is better for this type of document.

Answer

Showing the client the statutory short-form certificates for both acts and letting them choose.

Answer

Refusing to proceed until the client obtains advice from an attorney.

Answer

Informing the client that the notary cannot provide legal advice.

Question 3

Which of the following acts is explicitly prohibited for a Kansas notary public under K.S.A. 53-5a25?

Accepted Answer

Notarizing a document that contains blank spaces where information could be added later.

Answer

Charging a reasonable fee for performing a notarial act.

Answer

Notarizing a document for a remotely located individual while the notary is physically in Kansas.

Answer

Refusing to notarize a document because the notary is not satisfied with the signer's competence.

Question 4

A Kansas notary who is not an attorney creates a sign for their desk that reads "NOTARIO PÚBLICO - Document Services." Why does this advertisement constitute misconduct?

Accepted Answer

It uses the term "Notario Público," which can be misleading to the public.

Answer

It fails to include the notary's commission expiration date.

Answer

It advertises services for a fee, which is not allowed in Kansas.

Answer

It is not written in English as required by law.

Question 5

A notary public willfully neglects to include their commission expiration date on a notarial certificate they complete for a real estate transaction. Under Kansas law, this specific omission is considered what type of offense?

Accepted Answer

A class C misdemeanor.

Answer

A civil infraction only, subject to a fine.

Answer

A class B nonperson misdemeanor.

Answer

An error that can be corrected by the county clerk.

Question 6

A Kansas notary is employed by an accounting firm. A client of the firm asks the notary to notarize a document in which the accounting firm is named as a party and will receive a direct financial benefit. The notary's salary is paid by the firm. What should the notary do?

Accepted Answer

The notary may perform the notarization because they are acting as an employee and have no personal financial interest.

Answer

The notary must refuse because their employer has a direct financial interest in the transaction.

Answer

The notary may perform the notarization only if they do not charge a fee for the service.

Answer

The notary must refuse because notarizing for one's employer is always prohibited.

A Kansas notary is asked to notarize a bill of sale for a vehicle.The notary is the one purchasing the vehicle from the signer.According to Kansas law, what is the correct action for the notary to take?

A Kansas notary is asked to notarize a bill of sale for a vehicle.
The notary is the one purchasing the vehicle from the signer.
According to Kansas law, what is the correct action for the notary to take?