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April 4, 2024
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Laws: Most Notary statutes are in the Wisconsin Statutes (WS) Chapter 140, “Notaries Public; Notarial Acts.”
Rules: Administrative rules governing Notaries are found in the Wisconsin Administrative Code (WAC), Chapter DFI-CCS 25).
Guidelines: Other guidelines for Notaries are in the “Notary Public Handbook Handbook” (NPH) (November 2022March 2024) published by the Department of Financial Institutions and available on the website.
In addition, the “Wisconsin Notary Public Tutorial” (NPT), accessible on the website, contains helpful guidelines.
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Requirement: “Before a notary public performs the notary public’s initial notarial act for a remotely located individual under [WS] s. 140.145, the notary public shall notify the department that the notary public will be performing notarial acts for remotely located individuals under [WS] s. 140.145 and identify the technology the notary public intends to use. If the department has established standards for approval of technology pursuant to [WS] s. 140.27, the technology must conform to the standards. If the technology conforms to the standards, the department shall approve the use of the technology” (WS 140.20[2]).
See also WS 140.145(7), which emphasizes that if the Department of Financial Institutions has established standards for communication technology and identity proofing, these technologies must conform to the standards.
“How does the public know whether a notary is authorized to perform remote online notarizations? – Each approved technology provider is required to notify the Department of Financial Institutions when a Wisconsin notary completes training and becomes authorized to use its platform. The notary search will show the notary as a RON once the provider updates their list. You can search the list here to see if you are now indicated as a RON in Wisconsin. After completing training, notaries should check to confirm that they have been added to the list of Wisconsin notaries authorized to perform remote online notarizations. If a notary’s name does not appear within 14 days of completing training with an approved technology provider, the notary should contact the provider and ask them to get the information updated” (website, “Guidance for Notaries Seeking to Perform Remote Online Notarial Acts” [November 18, 2022]).
Online Search
The roster of Wisconsin Notaries may be searched online by name, city, state and zip code on the Department of Financial Institutions’ website (“Notary Public Search”). A Notary’s address and commission term dates will be provided, as well as the type of commission (four-year or permanent).
Jurisdiction
“Notaries public have power to act throughout the state” (WS 140.02[5]).
“May I perform notarial acts in another state? – No. As a Wisconsin Notary Public, you may perform notarial acts only when located in the State of Wisconsin” (NPH).
“May I perform notarial acts in “Why may I begin to perform notarial acts for remotely located individuals? – You may begin to perform notarial acts for remotely located individuals only after you have done the following:
“(1) Obtained your certificate authorizing you to perform in-person notarial acts.
“(2) Reviewed the WDFI’s Guidance for Notaries Seeking to Perform Notarial Acts for Remotely Located Individuals. The Guidance describes the types of documents that may be notarized remotely, the technology providers that may be used in performing remote notarial acts, and the different requirements applicable to notarization of estate-planning documents for remotely located individuals.
“(3) Taken the necessary steps to comply with Wisconsin law governing notarization for remotely located individuals, which vary depending on the type of notarial act performed:
“a. For most notarial acts performed for remotely located individuals (other than the notarization of estate planning documents), you must follow the remote online notarization procedures set forth in section 140.145 of the Wisconsin Statutes and section DFI-CCS 25.03 of the Wisconsin Administrative Code, which are summarized in Part 2 of the WDFI’s Guidance for Notaries Seeking to Perform Notarial Acts for Remotely Located Individuals. Among other requirements, a notary must obtain authorization from an approved communication technology provider to use its system for remote online notarization and become knowledgeable about that provider’s system and processes, including completion of any relevant training or
instruction modules prepared by the provider. Communication technology providers are approved by WDFI and the Remote Notary Council if they meet security, recordkeeping and other standards to ensure the integrity of the notarial process. A list of approved providers is available on the WDFI website.
“b. For notarization of estate planning documents for remotely located individuals, you must follow the procedures set forth in section 140.147 of the Wisconsin Statutes, which are summarized in Part 3 of the WDFI’s Guidance for Notaries Seeking to Perform Notarial Acts for Remotely Located Individuals. Among other requirements, remote notarization of estate-planning documents must be performed via two-way real-time audiovisual communication and supervised by a Wisconsin-licensed attorney in good standing, who must complete and attach a special affidavit of compliance to the estate-planning document” (NPH).
Online Search
The roster of Wisconsin Notaries may be searched online by name, city, state and zip code on the Department of Financial Institutions’ website (“Notary Public Search”). A Notary’s address and commission term dates will be provided, as well as the type of commission (four-year or permanent).
Jurisdiction
“Notaries public have power to act throughout the state” (WS 140.02[5]).
“May I perform notarial acts in another state? – No. As a Wisconsin Notary Public, you may perform notarial acts only when located in the State of Wisconsin” (NPH).
“May I perform notarial acts in all counties of Wisconsin? – Yes. Your notary commission allows you to act as a Notary Public in all counties in the state of Wisconsin” (NPH).
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Preparing Documents: May I help my customers prepare the papers they need notarized? – No, unless you are an attorney licensed to practice law in Wisconsin. A Notary Public, who is not an attorney, may not engage in the practice of law – which includes the preparation of legal papers, such as wills, contracts, deeds, powers of attorney, etc” (NPH).
Foreign Languages
Foreign-Language Documents: “There is no reference in the Wisconsin Statutes that prohibits you from notarizing a document written in a foreign language. However, if you do not understand the contents of the documents, you are encouraged to find another notary who does understand it, or refer the requestor to a language department, foreign students’ office, or a consulate” (NPH).
Foreign-Language Signers: “You may proceed with the notarial act if you are certain the signer understands the content of the document and realizes the consequences of signing it” (NPT).
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“‘Official stamp’ means a physical image affixed to or embossed on a tangible record or an electronic image attached to or logically associated with an electronic record” (WS 140.01[10]).
“Stamping device” means any of the following: (a) A physical device capable of affixing to or embossing on a tangible record an official stamp. (b) An electronic device or process capable of attaching to or logically associating with an electronic record an official stamp” (WS 140.01[10]).
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Official Stamp Requirement
Notarial Acts
Notaries Public: Required.
“If a notarial act regarding a tangible record is performed by a notary public, an official stamp must be affixed to or embossed on the certificate” (WS 140.15[2]).Other Notarial Officers: Permitted.
“If a notarial act is performed regarding a tangible record by a notarial officer other than a notary public and the certificate contains the information specified in sub. (1)(b), (c), and (d), an official stamp may be affixed to or embossed on the certificate” (WS 140.15[2]).
“Other notarial officers specifically authorized by statute to perform notarial acts without a commission – such as judges, court commissioners, and county clerks – should state their title, and use their seals of office if they are required to have one” (NPH).
In-Person Electronic Notarial Acts
Notaries Public: Permitted.
“If a notarial act regarding an electronic record is performed by a notarial officer and the certificate contains the information specified in [WS 140.15] sub. (1)(b), (c), and (d), an official stamp may be attached to or logically associated with the certificate” (WS 140.15[2]).Other Notarial Officers: Permitted (WS 140.15[2]).
Remote Notarial Acts
Notaries Public: Permitted.
Other Notarial Officers: Notarial officers other than Notaries Public are not authorized to perform remote notarial acts under Wisconsin law.
Electronic Real Property Records: Not required.
“A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature” (WS 706.25[2][c]).
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Official Stamp Format
Notarial Acts
Inked Embosser or Inked Rubber Stamp: “Except as authorized in [WS] s. 137.19 [regarding electronic notarization], and except as provided in [WS] s. 140.17, every notary public shall provide an engraved official seal which makes a distinct and legible impression or official rubber stamp which makes a distinct and legible imprint on paper” An official stamp must be impressed or imprinted on a tangible record, or impressed upon wafer, wax or other adhesive substance and affixed to or embossed on a tangible record (WS 140.02[3][a]).
“The official stamp of a notary public must … [b]e capable of being copied together with the record to which it is affixed or attached or with which it is logically associated” (WS 140.17[2]).
Attorneys who are Notaries are not exempted from the seal official stamp requirement (“Instructions for Wisconsin Attorneys’ Permanent Notary Public Application”).
A Notary may use both an embosser and a rubber stamp if samples of both are on file in the Wisconsin Department of Financial Institutions prior to use, and if the names are exactly the same on both (NPH).Shape/Size: “The seal or official stamp may be of any size or shape …” (NPH).
Components: WS 140.02(3) 17 prescribes only the following elements for the seal/official stamp:
Name of Notary;
“Notary Public”;
“State of Wisconsin”.
However, the ;OPTIONAL: Notary commission expiration date of the Notary, if applicable, must appear in the Notary’s official stamp (WS 140.17[1]).
In the Notary seal, “[y]ou may use initials, or a shortened first name if you wish, but you must use your current last name in full” (NPH).
“Only the name you give and the seal or stamp you provide for filing with Department of Financial Institutions may be used for notarization purposes. No other name, seal, or stamp may be used when performing notarial acts unless the Wisconsin Department of Financial Institutions is notified in writing prior to usage” (NPH).
In-Person Electronic Notarial Acts: Not prescribed.
Remote Notarial Acts: Not prescribed.
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Examples
The below typical, actual-size examples of official Notary stamping devices official stamps and electronic Notary seals official stamps which are allowed by Wisconsin law. Formats other than these may also be permitted.
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Commission Expiration Date
“Except as authorized in [WS] s. 137.19, and except when a notary public properly uses an official stamp under [WS] “In addition to satisfying the applicable requirement under s. 140.17, all certificates of acknowledgments of deeds and other conveyances, or any written instrument required or authorized by law to be acknowledged or sworn to before any notary public, within this state, shall be attested by a clear impression of the official seal or imprint of the rubber stamp of said officer, and in addition thereto shall be written or stamped 15 (2), a notary public who performs a notarial act within this state shall include on the certificate either the day, month and year when the commission of said notary public will expire, notary public’s commission expires or that such commission is permanent” [as in the case of attorneys] permanent. This information may be part of the official stamp affixed to or embossed on the certificate, written on the certificate if it is a tangible record, or attached to or logically associated with the certificate” (WS 140.02[4][b]).
Notary Electronic Signature
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