History: G.S. 1868, ch. 71, § 1; L. 1903, ch. 373, § 1; R.S. 1923, 53-101; L. 1951, ch. 326, § 1; L. 1963, ch. 294, § 1; L. 1967, ch. 297, § 1; L. 1975, ch. 285, § 1; L. 1976, ch. 237, § 1; L. 1980, ch. 159, § 1; L. 1987, ch. 205, § 3; July 1.
History: G.S. 1868, ch. 71, § 2; R.S. 1923, 53-102; L. 1967, ch. 297, § 2; L. 1975, ch. 285, § 2; L. 1980, ch. 159, § 2; L. 1984, ch. 201, § 13; July 1.
History: G.S. 1868, ch. 71, § 3; R.S. 1923, 53-103; L. 1975, ch. 285, § 3; July 1.
History: G.S. 1868, ch. 71, § 4; R.S. 1923, 53-104; L. 1955, ch. 264, § 1; L. 1963, ch. 294, § 2; L. 1975, ch. 285, § 4; L. 1981, ch. 217, § 1; L. 2001, ch. 5, § 189; July 1.
History: G.S. 1868, ch. 71, § 5; L. 1881, ch. 116, § 1; R.S. 1923, 53-105; L. 1967, ch. 298, § 1; L. 1970, ch. 213, § 1; L. 1975, ch. 285, § 5; L. 1980, ch. 159, § 3; L. 1987, ch. 205, § 4; July 1.
History: L. 1980, ch. 159, § 4; July 1.
History: L. 1881, ch. 116, § 2; R.S. 1923, 53-106; L. 1975, ch. 285, § 6; L. 1980, ch. 159, § 5; July 1.
History: G.S. 1868, ch. 71, § 6; L. 1905, ch. 311, § 1; R.S. 1923, 53-107; L. 1963, ch. 294, § 3; L. 1967, ch. 297, § 3; L. 1975, ch. 285, § 7; L. 1980, ch. 159, § 6; L. 1984, ch. 201, § 14; July 1.
History: L. 1905, ch. 311, § 2; R.S. 1923, 53-108; Repealed, L. 1980, ch. 159, § 12; July 1.
(b) For purposes of this act, a notary public has a direct financial or beneficial interest in a transaction if the notary public:
(1) With respect to a financial transaction, is named, individually, as a principal to the transaction;
(2) with respect to real property, is named, individually, as a grantor, grantee, mortgagor, mortgagee, trustor, trustee, beneficiary, vendor, vendee, lessor or lessee, to the transaction.
(c) For purposes of this act, a notary public has no direct financial or beneficial interest in a transaction when the notary public acts in the capacity of an agent, employee, insurer, attorney, escrow agent or lender for a person having a direct financial or beneficial interest in the transaction.
History: L. 1915, ch. 258, § 1; R.S. 1923, 53-109; L. 1980, ch. 159, § 7; July 1.
History: L. 1871, ch. 110 § 2; R.S. 1923, 53-110; Repealed, L. 1980, ch. 159, § 12; July 1.
History: G.S. 1868, ch. 71, § 7; R.S. 1923, 53-111; Repealed, L. 1976, ch. 237, § 3; July 1.
History: G.S. 1868, ch. 71, § 8; R.S. 1923, 53-112; Repealed, L. 1975, ch. 285, § 9; July 1.
History: G.S. 1868, ch. 71, § 9; Oct. 31; R.S. 1923, 53-113.
(b) If a notary public obtains a new seal for any reason, the notary shall mail or deliver to the secretary of state notice of the change of seal which shall include an impression of the new seal.
(c) Such notification, as provided for in subsections (a) and (b), shall be made on forms provided by the secretary of state within thirty (30) days after such change has occurred.
History: L. 1975, ch. 285, § 8; L. 1980, ch. 159, § 8; July 1.
Whenever the secretary of state receives notice of a surety's intention to cancel a notary's bond, said secretary of state shall notify the affected notary public that unless such notary files another good and sufficient surety bond with the secretary of state on or before the cancellation date of such notary public's surety bond, then such notary will no longer be authorized to perform notarial acts within this state.
History: L. 1976, ch. 237, § 2; July 1.
History: L. 1980, ch. 159, § 9; July 1.
History: L. 1980, ch. 159, § 10; July 1.
(1) Substantial or material misstatement or omission in the application submitted to the secretary of state;
(2) conviction of a felony or of a lesser offense involving moral turpitude or of a nature incompatible with the duties of a notary public. A conviction after a plea of nolo contendere is deemed to be a conviction within the meaning of this subsection;
(3) revocation, suspension or denial of a professional license, if such revocation, suspension or denial was for misconduct, dishonesty or any cause substantially relating to the duties or responsibilities of a notary public;
(4) cessation of United States citizenship;
(5) incapacitation to such a degree that the person is incapable of reading or writing the English language;
(6) failure to exercise the powers and duties of a notary public in accordance with this act; or
(7) violation of K.S.A. 2007 Supp. 53-121, and amendments thereto.
(b) Any person whose notary public appointment has been removed pursuant to subsection (a)(1) through (a)(6) may not apply for an appointment until the expiration of four years from the date of removal of such appointment. Any person whose notary public appointment has been removed pursuant to subsection (a)(7) may not apply or receive an appointment for such person's lifetime.
History: L. 1980, ch. 159, § 11; L. 2006, ch. 14, § 2; July 1.
History: L. 1987, ch. 205, § 1; July 1.
History: L. 1987, ch. 205, § 2; July 1.
(b) A notary public who is not admitted to the practice of law in this state shall not use the term "notario publico" or any equivalent non-English term in any business card, advertisement, notice or sign unless it complies with the requirements of subsection (a).
(c) Violation of this section is a class B misdemeanor.
(d) Violation of this section constitutes a deceptive act or practice pursuant to K.S.A. 50-626, and amendments thereto, and shall be subject to the remedies and penalties provided by the Kansas consumer protection act.
(e) This section shall be part of and supplemental to the acts contained in article 1 of chapter 53 of the Kansas Statutes Annotated, and amendments thereto.
History: L. 2006, ch. 14, § 1; July 1.