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

K.S.A. 53-5a25(b) prohibits a notary public from performing a notarial act with respect to a record to which the notary is a party or in which they have a direct financial or beneficial interest. As the buyer, the notary is a named party to the transaction and has a direct financial interest, making it a prohibited act. The only correct course of action is to have a disinterested notary perform the notarization.

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

A Kansas notary who is not an attorney is strictly prohibited from giving legal advice. Recommending which notarial certificate to use constitutes giving legal advice, as it could affect the legal validity of the document. The proper action is to present the different types of notarial acts without recommendation and let the signer choose, or for the signer to get advice from the document's originator or an attorney.

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

Kansas law prohibits notaries from notarizing a document that is blank or contains blank spaces. This is a critical measure to prevent fraud, as information could be wrongfully inserted after the notarization. While not explicitly stated in K.S.A. 53-5a25, it is a universally recognized standard of practice and a core duty to prevent fraud. The other actions are permissible: notaries may charge a reasonable fee, perform remote online notarizations if authorized, and refuse service if they doubt the signer's capacity.

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

Under K.S.A. 53-5a25(f), a notary who is not a licensed attorney is forbidden from using the term "notario" or "notario publico." This is because in many Latin American countries, a "notario publico" is a high-level legal professional, and using the term can mislead individuals into believing the notary is authorized to provide legal advice, especially on immigration matters. This act is a class B nonperson misdemeanor.

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

According to K.S.A. 53-106, if a notary public willfully neglects or refuses to attach the date of their commission's expiration to their official signature, they are deemed guilty of a class C misdemeanor. This is a serious offense that can lead to criminal penalties.

KS - Notary Exam Practice Test

KS - Notary Exam Practice Test

KS - Notary Prohibited Acts and Misconduct Questions and Answers