History: L. 1984, ch. 201, § 11; July 1.
(a) "Notarial act" means any act that a notary public of this state is authorized to perform, and includes taking an acknowledgment, administering an oath or affirmation, taking a verification upon oath or affirmation, witnessing or attesting a signature, certifying or attesting a copy and noting a protest of a negotiable instrument.
(b) "Acknowledgment" means a declaration by a person that the person has executed an instrument for the purposes stated therein and, if the instrument is executed in a representative capacity, that the person signed the instrument with proper authority and executed it as the act of the person or entity represented and identified therein.
(c) "Verification upon oath or affirmation" means a declaration that a statement is true made by a person upon oath or affirmation.
(d) "In a representative capacity" means:
(1) For and on behalf of a corporation, partnership, trust, or other entity, as an authorized officer, agent, partner, trustee or other representative;
(2) as a public officer, personal representative, guardian or other representative, in the capacity recited in the instrument;
(3) as an attorney in fact for a principal; or
(4) in any other capacity as an authorized representative of another.
(e) "Notarial officer" means a notary public or other officer authorized to perform notarial acts.
History: L. 1984, ch. 201, § 1; July 1.
(b) In taking a verification upon oath or affirmation, the notarial officer must determine, either from personal knowledge or from satisfactory evidence, that the person appearing before the officer and making the verification is the person whose true signature is on the statement verified.
(c) In witnessing or attesting a signature, the notarial officer must determine, either from personal knowledge or from satisfactory evidence, that the signature is that of the person appearing before the officer and named in the instrument.
(d) In certifying or attesting a copy of a document or other item, the notarial officer must determine that the proffered copy is a full, true, and accurate transcription or reproduction of that which was copied.
(e) In making or noting a protest of a negotiable instrument the notarial officer must determine the matters set forth in K.S.A. 84-3-509 and amendments thereto.
(f) A notarial officer has satisfactory evidence that a person is the person whose true signature is on a document if that person is (1) personally known to the notarial officer, (2) identified upon the oath or affirmation of a credible witness personally known to the notarial officer or (3) identified on the basis of identification documents.
History: L. 1984, ch. 201, § 2; July 1.
(1) A notary public of this state;
(2) a judge, clerk or deputy clerk of any court of this state;
(3) a county clerk or deputy county clerk;
(4) an election commissioner or assistant election commissioner; or
(5) any other person authorized to perform the specific act by the law of this state.
(b) Notarial acts performed within this state under federal authority as provided in K.S.A. 53-506, and amendments thereto, shall have the same effect as if performed by a notarial officer of this state.
(c) The signature and title of a person performing a notarial act are prima facie evidence that the signature is genuine and that the person holds the designated title.
History: L. 1984, ch. 201, § 3; L. 1998, ch. 81, § 3; July 1.
(1) A notary public of that jurisdiction;
(2) a judge, clerk or deputy clerk of a court of that jurisdiction; or
(3) any other person authorized by the law of that jurisdiction to perform notarial acts.
(b) Notarial acts performed in other jurisdictions of the United States under federal authority as provided in K.S.A. 53-506 have the same effect as if performed by a notarial officer of this state.
(c) The signature and title of a person performing a notarial act are prima facie evidence that the signature is genuine and that the person holds the designated title.
(d) The signature and indicated title of an officer listed in subsection (a)(1) or (a)(2) conclusively establish the authority of a holder of that title to perform a notarial act.
History: L. 1984, ch. 201, § 4; July 1.
(1) A judge, clerk or deputy clerk of a court;
(2) a commissioned officer on active duty in the military service of the United States;
(3) an officer of the foreign service or consular officer of the United States; or
(4) any other person authorized by federal law to perform notarial acts.
(b) The signature and title of a person performing a notarial act are prima facie evidence that the signature is genuine and that the person holds the designated title.
(c) the signature and indicated title of an officer listed in subsection (a)(1), (a)(2) or (a)(3) conclusively establish the authority of a holder of that title to perform a notarial act.
History: L. 1984, ch. 201, § 5; July 1.
(1) A notary public or notary;
(2) a judge, clerk or deputy clerk of a court of record; or
(3) any other person authorized by the law of that jurisdiction to perform notarial acts.
(b) An "Apostille" in the form prescribed by the Hague Convention of October 5, 1961, conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office.
(c) A certificate by a foreign service or consular officer of the United States stationed in the nation under the jurisdiction of which the notarial act was performed, or a certificate by a foreign service or consular officer of that nation stationed in the United States, conclusively establishes any matter relating to the authenticity or validity of the notarial act set forth in the certificate.
(d) An official stamp or seal of the person performing the notarial act is prima facie evidence that the signature is genuine and that the person holds the indicated title.
(e) An official stamp or seal of an officer listed in subsection (a)(1) or (a)(2) is prima facie evidence that a person with the indicated title has authority to perform notarial acts.
(f) If the title of office and indication of authority to perform notarial acts appears either in a digest of foreign law or in a list customarily used as a source for that information, the authority of an officer with that title to perform notarial acts is conclusively established.
History: L. 1984, ch. 201, § 6; July 1.
(b) A certificate of a notarial act is sufficient if it meets the requirements of subsection (a) and it:
(1) Is in the short form set forth in K.S.A. 53-509;
(2) is in a form otherwise prescribed by the law of this state;
(3) is in a form prescribed by the laws or regulations applicable in the place in which the notarial act was performed; or
(4) sets forth the actions of the notarial officer and those are sufficient to meet the requirements of the designated notarial act.
(c) By executing a certificate of a notarial act, the notarial officer certifies that the officer has made the determinations required by K.S.A. 53-503.
History: L. 1984, ch. 201, § 7; July 1.
State of ___________________________)
(County) of ________________________)
This instrument was acknowledged before me on ___(date)__ by ___
__[name(s) of person(s)]____
_________________________________ .
(Signature of notarial officer)
(Seal, if any)
_________________________________
Title (and Rank)
[My appointment expires: _______]
(b) For an acknowledgment in a representative capacity:
State of ___________________________
(County) of ________________________
This instrument was acknowledged before me on ___(date)__ by
_______[name(s) of person(s)]_____ as (type of authority, e.g., officer,
trustee, etc.) of (name of party on behalf of whom instrument was executed.)
_________________________________
(Signature of notarial officer)
(Seal, if any)
_________________________________
Title (and Rank)
[My appointment expires: _______]
(c) For a verification upon oath or affirmation:
State of ___________________________
(County) of ________________________
Signed and sworn to (or affirmed) before me on ___(date)__ by ___[name(s)
of person(s)____ making statement].
_________________________________
(Signature of notarial officer)
(Seal, if any)
_________________________________
Title (and Rank)
[My appointment expires: ________]
(d) For witnessing or attesting a signature:
State of ___________________________
(County) of ________________________
Signed or attested before me on ___(date)___ by ____[name(s) of person(s)].
_________________________________
(Signature of notarial officer)
(Seal, if any)
_________________________________
Title (and Rank)
[My appointment expires: _______]
(e) For attestation of a copy of a document:
State of ___________________________
(County) of ________________________
I certify that this is a true and correct copy of a document in the possession of _______________________________.
Dated: ___________________
_________________________________
(Signature of notarial officer)
(Seal, if any)
_________________________________
Title (and Rank)
[My appointment expires: ________]
History: L. 1984, ch. 201, § 8; L. 1987, ch. 205, § 5; July 1.
History: L. 1984, ch. 201, § 9; July 1.
History: L. 1984, ch. 201, § 10; July 1.