KS - Notary The Notary Seal and Journal Questions and Answers — Questions and Answers
Question 1: According to Kansas law, which of the following is a required element on a notary's official stamp for a tangible document?
- The notary's commission number
- The notary's county of residence
- The words "Notary Public" and "State of Kansas" (Correct answer)
- The address of the notary's place of business
Correct answer: The words "Notary Public" and "State of Kansas"
Kansas law (K.S.A. 53-5a18) requires that a notary's official stamp for a tangible document include the notary's name as it appears on the commission, the words 'notary public,' and the words 'State of Kansas.' While an electronic stamp has additional requirements like the commission number and expiration date, these are not mandatory on the physical stamp itself, though the expiration date must be added to the notarization.
Question 2: A Kansas notary is completing a journal entry for a notarization. If the signer was identified through a government-issued photo ID, which piece of information is the notary required to record in the journal?
- The signer's social security number
- A photocopy of the identification card
- A brief description of the ID, including its issuance and expiration dates (Correct answer)
- The signer's occupation
Correct answer: A brief description of the ID, including its issuance and expiration dates
When a signer's identity is verified using satisfactory evidence like an ID card, the Kansas Notary Handbook requires the notary to record a brief description of the method of identification and the identification credential presented, including the date of issuance and expiration.
Question 3: 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?
- For the duration of their new commission
- 10 years (Correct answer)
- 5 years
- Indefinitely
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 4: 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 employer, because they paid for all the materials.
- The notary must surrender the items to the Secretary of State.
- The notary, as the commission and tools belong to the individual. (Correct answer)
- The law firm's managing partner.
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 5: Which of the following is TRUE regarding the format of a tangible (paper) notary journal in Kansas?
- It can be a loose-leaf binder for easy page removal.
- It must be a permanent, bound register with numbered pages. (Correct answer)
- Any spiral-bound notebook is acceptable.
- The format is not specified, as long as the entries are chronological.
Correct answer: It must be a permanent, bound register with numbered pages.
Kansas law specifies that if a notary journal is maintained in a tangible format, it must be a permanent, bound register with numbered pages to ensure the integrity and chronological order of the records.
Question 6: A Kansas notary discovers that their official stamp has been stolen. What is the notary's required course of action?
- Order a new stamp and continue notarizing documents.
- Publish a notice in a local newspaper.
- Wait to see if the stamp is returned before taking any action.
- Promptly notify the Secretary of State upon discovery of the theft. (Correct answer)
Correct answer: Promptly notify the Secretary of State upon discovery of the theft.
Kansas law requires a notary to be responsible for the security of their stamping device. The Kansas Notary Handbook and relevant statutes direct the notary to promptly notify the Secretary of State if the journal (and by extension, the seal) is lost or stolen. This is typically done using Form NC or the online portal.
According to Kansas law, which of the following is a required element on a notary's official stamp for a tangible document?