KS - Notary Remote Online Notarization (RON) Questions and Answers — Questions and Answers
Question 1: A Kansas notary performs a remote online notarization (RON) for a signer located in another country. According to Kansas law, for how long must the notary retain the audio-visual recording of this notarial act?
- Four years, concurrent with the notary's commission term.
- Seven years from the date of the notarization.
- Ten years from the date the recording is made. (Correct answer)
- Indefinitely, until the notary resigns their commission.
Correct answer: Ten years from the date the recording is made.
Kansas Administrative Regulation (K.A.R.) 7-43-23 explicitly states that each audio-visual recording of a remote online notarization must be retained for at least 10 years after the recording is made. This is a critical record-keeping requirement specific to RON.
Question 2: A commissioned Kansas notary, who is authorized to perform RON, is traveling on vacation in Colorado. While there, they receive a request to remotely notarize a document for a client who is physically in Wichita, Kansas. Which of the following is the correct course of action for the notary?
- Proceed with the notarization, as the signer is located in Kansas.
- Proceed with the notarization, as long as their RON platform is accessible.
- Refuse to perform the notarization until they are physically back in Kansas. (Correct answer)
- Refuse to perform the notarization because the signer must also be outside of Kansas.
Correct answer: Refuse to perform the notarization until they are physically back in Kansas.
Kansas law (K.S.A. 53-5a15, K.A.R. 7-43-20) requires the notary public to be physically located within the borders of Kansas at the time the remote online notarial act is performed. The signer's location is not restricted, but the notary's location is.
Question 3: When performing a remote online notarization for an individual the notary does not personally know, which of the following identity proofing methods is required by Kansas law?
- Verifying the signer's identity through a single credible witness who is also present via audio-visual technology.
- Relying solely on the remote presentation of a government-issued photo ID.
- A multi-factor process that includes remote presentation of an ID, credential analysis, and knowledge-based authentication (KBA). (Correct answer)
- Accepting a notarized statement of identity that was previously mailed to the notary.
Correct answer: A multi-factor process that includes remote presentation of an ID, credential analysis, and knowledge-based authentication (KBA).
Kansas law requires a robust, multi-step identity verification process for RON. This involves using a RON technology provider to analyze the signer's government-issued ID for authenticity (credential analysis) and having the signer successfully answer a series of personal questions generated from public and private data sources (knowledge-based authentication).
Question 4: Before a commissioned notary can perform their first remote online notarization in Kansas, they must complete all of the following steps EXCEPT:
- Purchase a second surety bond specifically for remote online notarizations. (Correct answer)
- Complete a required course of study and pass an exam provided by the Secretary of State.
- Select a RON technology provider that is on file with the Secretary of State.
- Notify the Secretary of State of their intent to perform RONs and identify their chosen provider.
Correct answer: Purchase a second surety bond specifically for remote online notarizations.
A Kansas notary's single $12,000 surety bond covers all notarial acts, including traditional, in-person electronic, and remote online notarizations. A separate or additional bond is not required to perform RONs. However, they must complete training, pass an exam, select a state-approved vendor, and notify the Secretary of State.
Question 5: A Kansas notary performing a RON must maintain a secure electronic journal. Which of the following details is a required entry for a remote notarization that would NOT typically be required for a traditional, paper-based notarization?
- The full name and address of the individual for whom the act is performed.
- A description of the record and the type of notarial act.
- The fee, if any, charged by the notary.
- A description of the technology used to perform the RON. (Correct answer)
Correct answer: A description of the technology used to perform the RON.
While all journal entries require details like the signer's name, type of act, and date, the journal entry for a RON has the additional requirement of documenting the specific communication technology (the RON platform provider) that was used to conduct the notarial act.
Question 6: Which of the following statements must be included within the notarial certificate for a remote online notarization performed in Kansas?
- "This notarial act was performed in the County of [Notary's County]."
- "The signer appeared remotely from [Signer's Location]."
- "This notarial act involved the use of communication technology." (Correct answer)
- "The identity of the signer was verified via knowledge-based authentication."
Correct answer: "This notarial act involved the use of communication technology."
Kansas regulations specify that a notarial certificate for a remote notarization must include a statement indicating that communication technology was used, such as "This notarial act involved the use of communication technology" or similar words to that effect. This clarifies the method of appearance for anyone reviewing the document.
KS - Notary Remote Online Notarization (RON) Questions and Answers
A Kansas notary performs a remote online notarization (RON) for a signer located in another country.
According to Kansas law, for how long must the notary retain the audio-visual recording of this notarial act?