KS - Notary Proper Signer Identification Questions and Answers — Questions and Answers
Question 1: 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?
- Reject the ID because it is expired.
- Accept the ID as it is not expired by more than three years. (Correct answer)
- Ask for a second form of unexpired identification.
- 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 2: Which of the following is NOT an acceptable method for a Kansas notary to verify the identity of a signer?
- Personal knowledge of the signer.
- Viewing a valid U.S. Passport.
- 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.
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 3: A man requires a notarization but has recently lost his wallet and has no identification. He is a regular customer at the bank where you are a notary, and you have assisted him with transactions for several years. How should you proceed?
- Refuse the notarization as he cannot present a valid ID.
- Require him to find a credible witness to vouch for his identity.
- Identify him based on your personal knowledge. (Correct answer)
- Advise him to get a new ID and return.
Correct answer: Identify him based on your personal knowledge.
Kansas statute K.S.A. 53-5a07(a) allows a notarial officer to identify an individual based on personal knowledge, defined as being personally known through dealings sufficient to provide reasonable certainty that the individual has the identity claimed.
Question 4: When identifying a signer using a credible witness, what is a key requirement for the witness according to Kansas notary law?
- The witness must sign an affidavit.
- The witness must be personally known to the notary or be identifiable through satisfactory evidence. (Correct answer)
- The witness must be a family member of the signer.
- The witness must have known the signer for at least five years.
Correct answer: The witness must be personally known to the notary or be identifiable through satisfactory evidence.
According to K.S.A. 53-5a07, a credible witness must personally appear before the notary and either be known to the notary or be identified by the notary on the basis of a passport, driver's license, or other qualifying government-issued ID.
Question 5: A Kansas notary is presented with a valid, unexpired Canadian driver's license as proof of identity. What should the notary do?
- Accept it without question as it is a government-issued ID.
- Reject it because it is not issued by a U.S. government entity. (Correct answer)
- Accept it only if it has a photograph and signature.
- Request to see a passport in addition to the driver's license.
Correct answer: Reject it because it is not issued by a U.S. government entity.
Kansas law specifies acceptable identification as a passport, driver's license, or government-issued nondriver identification card. While not explicitly prohibiting foreign licenses, the Kansas Secretary of State's guidance generally points to U.S.-issued government IDs. The safest and most compliant course of action is to rely on the specifically mentioned forms of U.S. or state government-issued ID.
Question 6: Under Kansas law, what constitutes 'satisfactory evidence' of a signer's identity?
- A signed letter from the signer's employer.
- A credit card with a photograph.
- A government-issued identification card that contains a signature and photograph. (Correct answer)
- Personal knowledge of the signer's spouse.
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.
KS - Notary Proper Signer Identification Questions and Answers
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?