Kan. Admin. Regs. § 7-43-20

Current through Register Vol. 43, No. 49, December 5, 2024

Section 7-43-20 - Notarial acts for remotely located individuals

(a) Any notary public may perform notarial acts for remotely located individuals only after being authorized as a notary public and notifying the secretary that the notary public will be performing notarial acts for remotely located individuals.

(b) A notary public shall not perform a notarial act for a remotely located individual if the notary public is not physically located in Kansas at the time of the notarization.

(c) Upon performing a notarial act for a remotely located individual, the notary public shall electronically attach a notarial certificate to the document being notarized. Each notarial certificate for a notarial act for a remotely located individual shall meet the following requirements:

(1) State the name of the remotely located individual;

(2) provide the date the notarial act occurred;

(3) identify the state and county in which the notarial act was performed;

(4) include a description of the type of notarial act performed, which shall be sufficient if the description is substantially similar to a short form specified in K.A.R. 7-43-17;

(5) include a statement regarding the use of communication technology as specified in K.A.R. 7-43-17; and

(6) contain the notary public's official stamp that is attached to the record and signed by the notary public with the notary public's digital certificate.

(d) Each notary public who performs a notarial act for a remotely located individual shall maintain an audiovisual recording of all notarial acts in addition to a journal of notarial acts that contains the entries required under K.S.A. 2022 Supp. 53-5a20(c), and amendments thereto. The audiovisual recording shall include the following, at a minimum:

(1) confirmation by the notary public that the individual has successfully completed identity proofing and credential analysis;

(2) visual confirmation of the identity of the individual through visual inspection of the credential used during credential analysis; and

(3) the actual notarial act performed.

(e) Each notary public shall attach that individual's electronic signature to the notarial certificate on an electronic record in a manner that is capable of independent verification and renders any subsequent change or modification to the electronic record tamper-evident.

Kan. Admin. Regs. § 7-43-20

Authorized by K.S.A. 2022 Supp. 53-5a27; implementing K.S.A. 2022 Supp. 53-5a15, 53-5a16, and 53-5a21; effective, T-7-6-30-22, June 30, 2022; effective Oct. 28, 2022; adopted by Kansas Register Volume 41, No. 41; effective 10/28/2022; amended by Kansas Register Volume 42, No. 50; effective 12/29/2023.