Kansas Notary Public Examination — Questions and Answers

Question 1: What is the primary ethical obligation of a Kansas notary public?

To maintain impartiality and avoid conflicts of interest (Correct answer)
To offer legal advice to signers
To maximize fees for notarial services
To notarize documents for friends and family only

Correct answer: To maintain impartiality and avoid conflicts of interest

The primary ethical obligation of a Kansas notary public, like all notaries, is to act as an impartial witness. This means they must avoid any situation where they have a personal or financial interest in the document or transaction, which could compromise their neutrality. Impartiality is crucial for upholding the public trust in notarial acts and ensuring their validity.

Question 2: A Kansas notary performs two separate notarial acts on the same document — one jurat and one acknowledgment for different signers. How many fees may the notary charge?

One fee, since the document only has one transaction
No fee, since performing multiple acts on one document is discounted by law
One fee total, since it is the same document
Two fees, one for each separate notarial act performed (Correct answer)

Correct answer: Two fees, one for each separate notarial act performed

Each notarial act is a separate transaction; if two acts are performed on one document, the notary may charge a fee for each individual act.

Question 3: Is it acceptable for a Kansas notary to use a foreign passport as identification for notarization?

Yes, if it is valid and includes a photograph (Correct answer)
No, only U.S. passports are acceptable
Yes, but only if accompanied by a U.S. visa
No, foreign passports are not accepted in any case

Correct answer: Yes, if it is valid and includes a photograph

Kansas notary law allows for the use of a foreign passport as valid identification for notarization, given that it is current and contains a photograph and signature. The origin of the passport does not invalidate it, as long as it is a government-issued document that reliably identifies the signer. This provision ensures that non-U.S. citizens can also access essential notarial services.

Question 4: Before a commissioned notary can perform their first remote online notarization in Kansas, they must complete all of the following steps EXCEPT:

Complete a required course of study and pass an exam provided by the Secretary of State.
Purchase a second surety bond specifically for remote online notarizations. (Correct answer)
Notify the Secretary of State of their intent to perform RONs and identify their chosen provider.
Select a RON technology provider that is on file with the Secretary of State.

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 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.
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)
Publish a notice in a local newspaper.

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.

Question 6: What action can the Kansas Secretary of State take if a notary is found to have repeatedly failed to perform duties correctly?

Provide additional training
Increase the fees the notary can charge
Suspend the notary’s commission (Correct answer)
Issue a formal reprimand

Correct answer: Suspend the notary’s commission

The Kansas Secretary of State has the authority to impose disciplinary actions on notaries who repeatedly fail to perform their duties correctly or violate notarial laws. Suspension of a notary's commission is a common disciplinary measure for persistent non-compliance. This action temporarily removes their notarial authority, ensuring public protection and encouraging adherence to proper notarial procedures.

Question 7: What is required for a Kansas notary public to resign their commission?

They must transfer their commission to another person
They must notify the Secretary of State in writing (Correct answer)
No action is required, the commission will automatically terminate
They must wait until their commission expires

Correct answer: They must notify the Secretary of State in writing

To properly resign a notary public commission in Kansas, the notary must formally notify the Kansas Secretary of State in writing. This official notification ensures that the state's records are updated, and the notary's responsibilities and authority are formally terminated. This prevents any confusion or potential misuse of their commission after they cease to serve.

Question 8: A signer brings a document to a Kansas notary and asks for a 'verification on oath or affirmation.' What must the notary do to properly perform this act?

Acknowledge that the signer previously signed the document outside of the notary's presence.
Make a certified copy of the signer's identification.
Simply witness the person sign the document.
Administer an oath or affirmation to the signer, who then signs in the notary's presence. (Correct answer)

Correct answer: Administer an oath or affirmation to the signer, who then signs in the notary's presence.

A verification on oath or affirmation (also known as a jurat) requires the signer to appear before the notary, be administered an oath or affirmation regarding the truthfulness of the document's contents, and then sign the document in the notary's presence. Simply witnessing a signature without an oath is a different notarial act.

Question 9: When completing a jurat (also known as a verification on oath or affirmation) in Kansas, which of the following steps is required that is NOT required for an acknowledgment?

Requiring the personal appearance of the signer.
Verifying the identity of the signer through satisfactory evidence.
Completing all parts of the notarial certificate and affixing the seal.
Administering an oath or affirmation to the signer. (Correct answer)

Correct answer: Administering an oath or affirmation to the signer.

A verification on oath or affirmation (jurat) requires the notary to administer an oath or affirmation to the signer, where the signer declares that the statements in the document are true. While personal appearance and identity verification are required for both acts, the oath/affirmation is unique to the jurat.

Question 10: Before submitting their application to the Kansas Secretary of State, an applicant must complete several steps. Which of the following is a required action during the application process?

Pass a state-administered notary examination.
Submit two character references from Kansas residents.
Take an oath of office before another commissioned notary public. (Correct answer)
Complete a 6-hour state-approved training course.

Correct answer: Take an oath of office before another commissioned notary public.

The Kansas notary application form includes an oath of office. The applicant must sign this oath in the presence of a currently commissioned notary, who will then notarize the applicant's signature. While training is required for remote online notarization, it is not required for a traditional commission, and there is no general state exam or requirement for character references.

Question 11: Which of the following is a mandatory qualification for an individual seeking to become a Notary Public in Kansas?

Be a legal resident of Kansas or a resident of a bordering state who is regularly employed in Kansas. (Correct answer)
Be a resident of Kansas for at least one year.
Hold a valid Kansas driver's license.
Be at least 21 years of age.

Correct answer: Be a legal resident of Kansas or a resident of a bordering state who is regularly employed in Kansas.

Kansas law requires a notary applicant to be a legal resident of Kansas OR a resident of a bordering state (Missouri, Nebraska, Colorado, or Oklahoma) who regularly carries on a business or profession in Kansas or is regularly employed in the state. The minimum age is 18, not 21, and there are no specific durational residency or driver's license requirements mentioned in the statutes.

Question 12: What must a Kansas notary public do if a signer does not present proper identification?

Refuse to notarize the document (Correct answer)
Notarize the document if they know the signer personally
Accept a verbal confirmation of identity
Ask the signer to bring a witness who knows both the signer and the notary

Correct answer: Refuse to notarize the document

Kansas notary law mandates that a notary public must verify the identity of the signer using satisfactory evidence, typically government-issued identification. If a signer cannot present proper identification, the notary must refuse to perform the notarization. This strict requirement is essential to prevent fraud and ensure the authenticity of the signature and the notarial act.

Question 13: A person is physically unable to sign a document but wishes to have it notarized in Kansas. According to K.S.A. 53-5a09, what is the proper procedure for completing the notarial certificate?

The individual directs another person (not the notary) to sign their name, and the notary adds specific language to the certificate. (Correct answer)
The individual may make an 'X' or other mark, which the notary then certifies.
The notary may sign the individual's name at their direction and then notarize the signature.
The notary must refuse the notarization as the signer cannot personally execute a signature.

Correct answer: The individual directs another person (not the notary) to sign their name, and the notary adds specific language to the certificate.

K.S.A. 53-5a09 specifically allows an individual who is physically unable to sign to direct another person, other than the notary, to sign on their behalf. The notary must then add a phrase such as 'Signature affixed by (Name of Proxy Signer) at the direction of (Name of Individual)' to the notarial certificate.

Question 14: What type of identification is generally acceptable for a Kansas notary to verify a signer's identity?

Utility bill
Government-issued photo ID (Correct answer)
Social Security card
Credit card

Correct answer: Government-issued photo ID

For a Kansas notary to verify a signer's identity, the most reliable and generally acceptable form of identification is a government-issued photo ID. Documents like a driver's license, state ID card, or passport provide essential features such as a photograph, signature, and physical description, which are necessary for positive identification. Other options like credit cards or utility bills lack these critical security elements.

Question 15: Can a Kansas notary public notarize electronic documents?

Yes, but only if they are also a certified electronic notary (Correct answer)
Yes, any notary public can notarize electronic documents
No, Kansas does not allow electronic notarization
Yes, but only for government documents

Correct answer: Yes, but only if they are also a certified electronic notary

Kansas allows for electronic notarization, but it requires notaries to obtain a specific certification as an electronic notary public in addition to their traditional commission. This ensures that notaries performing electronic acts have the necessary training, technology, and understanding to comply with the specific legal requirements for electronic notarizations, which differ from traditional paper notarizations.

Question 16: Is a Kansas notary required to charge the full $2 fee for every notarial act performed?

No, the $2 is the maximum fee; a notary may charge less or waive the fee entirely (Correct answer)
Yes, the $2 fee is both the minimum and maximum allowed
No, but they must charge at least $1 per act
Yes, charging less than $2 is considered an unfair pricing practice

Correct answer: No, the $2 is the maximum fee; a notary may charge less or waive the fee entirely

The $2 fee is a statutory maximum, not a minimum; notaries have full discretion to charge less than $2 or waive the fee entirely.

Question 17: What is the Kansas notary's responsibility if the identification presented appears to be altered or fraudulent?

Notarize the document to avoid confrontation
Accept the ID if the signer insists it is legitimate
Notarize the document but make a note in the journal
Refuse to notarize and report the incident to authorities (Correct answer)

Correct answer: Refuse to notarize and report the incident to authorities

A Kansas notary has a legal and ethical obligation to refuse notarization if the identification presented appears altered, fraudulent, or raises any suspicion of misrepresentation. Notarizing a document with questionable ID could implicate the notary in a fraudulent act. In such cases, the notary should refuse the service and report the incident to the appropriate authorities to prevent fraud and uphold the integrity of the notarial process.

Question 18: Under Kansas law, what is the maximum fee a notary may charge for each notarial act performed via remote online notarization (RON)?

$50.00
$5.00
$25.00 (Correct answer)
$10.00

Correct answer: $25.00

Kansas permits a maximum fee of $25 per notarial act performed through remote online notarization, reflecting the additional technology costs involved.

Question 19: A signer brings you a document that has no notarial certificate. Which of the following is the correct action for a Kansas notary to take?

Advise the signer on which type of notarial certificate (e.g., acknowledgment or jurat) is legally appropriate for their document.
Show the signer the different types of notarial certificates, explain their functions, and allow the signer to choose. (Correct answer)
Proceed with the notarization by simply affixing the official stamp and signature.
Refuse to notarize the document because it is incomplete.

Correct answer: Show the signer the different types of notarial certificates, explain their functions, and allow the signer to choose.

Kansas notary law prohibits notaries from choosing the type of notarial act on behalf of the signer, as this would constitute the unauthorized practice of law. The notary may, however, describe the different types of notarial acts (like an acknowledgment or a jurat) and let the signer or the document's originator choose the appropriate certificate. Affixing a stamp without a certificate is a violation of law.

Question 20: A signer tells a Kansas notary that they cannot afford any fee for the notarization. What option does the notary have?

The notary must collect the statutory fee and cannot legally waive it
The notary may waive the fee at their own discretion since the $2 is a maximum, not a requirement (Correct answer)
The notary must refer the signer to a government office for free notarization
The notary must charge at least $1 to maintain compliance with fee statutes

Correct answer: The notary may waive the fee at their own discretion since the $2 is a maximum, not a requirement

Because $2 is the statutory maximum rather than a mandatory minimum, the notary has full discretion to waive or reduce the fee for any reason.

Question 21: Under Kansas law, what constitutes 'satisfactory evidence' of a signer's identity?

A government-issued identification card that contains a signature and photograph. (Correct answer)
Personal knowledge of the signer's spouse.
A credit card with a photograph.
A signed letter from the signer's employer.

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.

Question 22: A Kansas notarial certificate must contain several key elements to be considered complete. Which of the following is NOT a required element on the certificate itself?

The fee charged for the notarial service. (Correct answer)
The notary's official signature and the date of the notarial act.
The date the notary's commission expires.
The jurisdiction (state and county) where the notarial act is performed.

Correct answer: The fee charged for the notarial service.

While a notary must keep a record of fees in their journal, the fee charged for the service is not a required element to be written on the notarial certificate itself. Kansas law requires the certificate to include the notary's signature, the date of the act, the jurisdiction, and the commission expiration date.

Question 23: 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?

The notary must refuse because notarizing for one's employer is always prohibited.
The notary must refuse because their employer has a direct financial interest in the transaction.
The notary may perform the notarization only if they do not charge a fee for the service.
The notary may perform the notarization because they are acting as an employee and have no personal financial interest. (Correct answer)

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

K.S.A. 53-5a25(d) clarifies that a notary does not have a direct financial or beneficial interest in a transaction when they act in the capacity of an employee for a person having such an interest. Therefore, as long as the notary themselves is not a party to the transaction and will not benefit beyond their regular compensation, they are not disqualified from notarizing for their employer.

Question 24: What should a Kansas notary do if they have a personal interest in the document being notarized?

Charge a higher fee to compensate for the conflict
Notarize the document if the signer insists
Refuse to notarize the document (Correct answer)
Notarize the document and disclose the conflict later

Correct answer: Refuse to notarize the document

Kansas notary law strictly prohibits a notary public from performing a notarial act if they have a direct personal or financial interest in the document or transaction. To maintain impartiality and avoid conflicts of interest, the notary must refuse to notarize the document. This ensures the integrity and trustworthiness of the notarial act, protecting all parties involved.

Question 25: Can a Kansas notary public refuse to notarize a document if the signer appears confused or unsure?

Yes, but only if the signer is elderly
No, they must notarize if the signer requests it
No, they must proceed regardless of the signer's state of mind
Yes, and they should refuse to notarize (Correct answer)

Correct answer: Yes, and they should refuse to notarize

A Kansas notary public has a responsibility to ensure that the signer is acting willingly and is aware of the nature of the document they are signing. If a signer appears confused, unsure, or under duress, the notary should refuse to perform the notarization. This protects the signer from potential fraud or coercion and upholds the integrity of the notarial act, as the signer's consent may not be genuine.

Question 26: Which of the following must be included on a Kansas notary's official stamp used on a tangible document's notarial certificate?

The notary's commission number and county of residence.
The notary's name, the words 'Notary Public', and 'State of Kansas'. (Correct answer)
The Great Seal of the State of Kansas and the notary's signature.
The notary's business address and phone number.

Correct answer: The notary's name, the words 'Notary Public', and 'State of Kansas'.

Kansas law requires that a notary's official stamp include three specific pieces of information: the notary's name exactly as it appears on the commission, the title 'Notary Public', and the words 'State of Kansas'.

Question 27: Which of the following actions is a Kansas notary public prohibited from performing?

Notarizing a document for a family member
Notarizing a document in which they have a financial interest (Correct answer)
Notarizing a document written in a foreign language
Charging a fee for notarial services

Correct answer: Notarizing a document in which they have a financial interest

A core principle of notarization in Kansas, as in other states, is impartiality. Notaries are strictly prohibited from performing any notarial act if they have a direct financial or beneficial interest in the transaction or document. This rule prevents conflicts of interest and upholds the integrity of the notarial process, ensuring the notary acts without bias.

Question 28: A document is presented for an acknowledgment in Kansas, and you notice the notarial certificate has been pre-filled with a date from last week. The signer is present today and confirms their signature. What is the correct course of action?

Accept the pre-filled date as it is close to the current date.
Refuse the notarization and require the signer to get a new, undated document.
Ask the signer to cross out the incorrect date and write the correct one.
Cross out the incorrect date, write in the correct current date, and initial the change. (Correct answer)

Correct answer: Cross out the incorrect date, write in the correct current date, and initial the change.

The notarial certificate must reflect the exact date the notarial act is being performed. If information on the certificate is incorrect, the notary should line through the error, write the correct information, and initial the correction. The notarization takes place when the signer personally appears before the notary, so the date must be the date of that appearance.

Question 29: What is the standard term of a notary public commission in Kansas?

Five years
Ten years
Four years (Correct answer)
Two years

Correct answer: Four years

A Kansas notary public commission is valid for a term of four years, after which the notary must complete the renewal process to continue performing notarial acts.

Question 30: In Kansas, how must a notary public maintain their notarial seal?

It must be stored at the notary's place of employment
It must be kept in the notary's personal possession at all times (Correct answer)
It must be shared with other notaries in the office
It must be kept in a locked drawer

Correct answer: It must be kept in the notary's personal possession at all times

A notary's official seal is a critical tool for performing notarial acts and must be protected from unauthorized use. Kansas law requires notaries to keep their seal in their exclusive personal possession and control at all times. This prevents others from misusing the seal and helps maintain the security and integrity of notarizations, safeguarding against fraud.

Kansas Notary Public Examination

The Kansas Secretary of State's online examination tests applicants' knowledge of notary laws, authorized notarial acts, identification requirements, certificate completion, and ethical duties required to perform notarial acts in Kansas, including IPEN and RON.

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45 min

Time Limit

80%

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