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In-Person Paper Notarizations

Am I required by law to maintain a notary journal in Kansas?

Yes, a notary public in the State of Kansas must maintain a notary journal

“A notary public shall maintain a journal in which the notary public chronicles all notarial acts that the notary public performs” (KSA 53-5a20[a]).

Journal format

Paper/hardbound or electronic journal acceptable

“A journal may be created on a tangible medium or in an electronic format” (KSA 53-5a20[b]).

  • Tangible Journal: “If the journal is maintained on a tangible medium, it shall be a permanent, bound register with numbered pages” (KSA 53-5a20[b]).

  • Electronic Journal: “ If the journal is maintained in an electronic format, it shall be in a permanent, tamper-evident electronic format complying with the rules and regulations of the secretary of state” 

(KSA 53-5a20[b]).

Journal entry requirements

  • “(1) The date and time of the notarial act; 

  • (2) a description of the record, if any, and type of notarial act;

  • (3) the full name and address of each individual for whom the notarial act is performed;

  • 4) if identity of the individual is based on personal knowledge, a statement to that effect;

  • (5) if identity of the individual is based on satisfactory evidence, a brief description of the method of identification and the identification credential presented, if any, including the date of issuance and expiration of any identification credential; and

  • (6) the fee, if any, charged by the notary public” 

(KSA 53-5a20[c]).

Journal retention

10 years

“The notary public shall retain the journal for ten years after the performance of the last notarial act chronicled in the journal” (KSA 53-5a20[a]).

What happens to the journal upon resignation or death?

  • “On resignation from, or the revocation or suspension of, a notary public’s commission, the notary public shall retain the notary public’s journal in accordance with subsection (a) and inform the secretary of state where the journal is located” (KSA 53-5a20[e]).

  • “Instead of retaining a journal as provided in [KSA 53-5a20](a) and (e), a current or former notary public may transmit the journal to a repository approved by the secretary of state” (KSA 53-5a20[f]).

  • “On the death or adjudication of incompetency of a current or former notary public, the notary public’s personal representative or guardian or any other person knowingly in possession of the journal shall: “(1) Retain the notary public’s journal in accordance with [KSA 53-5a20](a) or transmit the journal to a repository approved by the secretary of state; and “(2) inform the secretary of state where the journal is located” (KSA 53-5a20[g]).

Remote Online Notarizations

Is Remote Online Notarization (RON) approved in the State of Kansas?

Yes, notaries in the State of Kansas are authorized to perform remote online notarizations

Do I have to record the Remote Online Notarization session?

Yes

"A Notary Public who performs notarial acts with respect to remotely located individuals, or a person acting on behalf of the Notary, must create an audio-visual recording of the performance of each such notarial act" (KSA 53-5a15[b][3]).

What is the retention period for RON recordings?

10 years

“Unless a different period is required by rules and regulations adopted pursuant to [KSA] 53-5a27, and amendments thereto, the recording shall be retained for a period of at least 10 years after the recording is made” (KSA 53-5a15[e])

Do I have to log RON sessions in a journal?

Yes

"A notary who performs RON must retain an electronic journal and any audio-visual recordings in a way that protects the journal and recordings against unauthorized access by password or other secure means"

Journal format

Electronic journal required

 

"A notary who performs RON must retain an electronic journal and any audio-visual recordings in a way that protects the journal and recordings against unauthorized access by password or other secure means"

Journal entry requirements

  • “(1) The date and time of the notarial act;

  • (2) a description of the record, if any, and type of notarial act;

  • (3) the full name and address of each individual for whom the notarial act is performed;

  • (4) if identity of the individual is based on personal knowledge, a statement to that effect;

  • (5) if identity of the individual is based on satisfactory evidence, a brief description of the method of identification and the identification credential presented, if any, including the date of issuance and expiration of any identification credential; and

  • (6) the fee, if any, charged by the notary public” (KSA 53-5a20[c]).

Journal retention

10 years

RON recordings & journal upon death

“On the death or adjudication of incompetency of a current or former notary public, the notary public’s personal representative or guardian or any other person knowingly in possession of the journal shall: 

  • (1) Retain the notary public’s journal in accordance with [KSA 53-5a20](a) or transmit the journal to a repository approved by the secretary of state; and

  • (2) inform the secretary of state where the journal is located” (KSA 53-5a20[g]).

“A notary public, a guardian, conservator or agent of a notary public or a personal representative of a deceased notary public, shall retain the audio-visual recording created under [KSA 53-5a15](b)(3) or cause the recording to be retained by a repository designated by or on behalf of the person required to retain the recording” (KSA 53-5a15[e]).

Reference Links

Helpful resources for Kansas Notaries

  1. Kansas Notary Handbook

  2. “A Notary’s Guide to Completing Journal Entries”

Disclaimer

The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.  Information on this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites.  Such links are only for the convenience of the reader, user or browser

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