53-5a21. Notification regarding performance of notarial act on electronic record; selection of technology; acceptance of tangible copy of electronic record. (a) A notary public may select one or more tamper-evident technologies to perform notarial acts with respect to electronic records. A person shall not require a notary public to perform a notarial act with respect to an electronic record with a technology that the notary public has not selected.
(b) Before a notary public performs the notary public's initial notarial act with respect to an electronic record, a notary public shall notify the secretary of state that the notary public will be performing notarial acts with respect to electronic records, identify the technology the notary public intends to use and provide evidence of completion of the course of study and passing of the examination required by K.S.A. 2021 Supp. 53-5a23, and amendments thereto. If the secretary of state has established standards in rules and regulations for approval of technology pursuant to K.S.A. 2021 Supp. 53-5a27, and amendments thereto, the technology shall conform to such standards. If the technology conforms to the standards, the secretary of state shall approve the use of the technology. A notary public notifying the secretary of state pursuant to this section shall pay an information and services fee in an amount determined by the secretary of state adopted in rules and regulations, not to exceed $25. The secretary of state shall remit all moneys received under this section to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the information and services fee fund.
(c) A register of deeds may accept for recording a tangible copy of an electronic record containing a notarial certificate as satisfying any requirement that a record accepted for recording be an original, if the notarial officer executing the notarial certificate certifies that the tangible copy is an accurate copy of the electronic record.
(d) This section shall take effect on and after January 1, 2022.
History: L. 2021, ch. 64, ยง 21; July 1.
Structure Kansas Statutes
Chapter 53 - Notaries Public And Commissioners
Article 5a - Revised Uniform Law On Notarial Acts
53-5a04 Authority to perform notarial acts.
53-5a05 Requirements for certain notarial acts.
53-5a06 Personal appearance required.
53-5a07 Identification of individual.
53-5a08 Authority to refuse to perform notarial act.
53-5a09 Signature if individual unable to sign.
53-5a10 Notarial act in this state.
53-5a11 Notarial act in another state.
53-5a12 Notarial act under authority of federally recognized Indian tribe.
53-5a13 Notarial act under federal authority.
53-5a15 Notarial act performed for remotely located individual.
53-5a16 Certificate of notarial act.
53-5a17 Short-form certificates.
53-5a22 Commission as notary public; qualifications; no immunity or benefit.
53-5a23 Examination of notary public.
53-5a26 Validity of notarial acts.
53-5a27 Rules and regulations.
53-5a28 Notary public commission in effect.
53-5a30 Uniformity of application and construction.
53-5a31 Relation to electronic signatures in global and national commerce act.