Wyoming - U.S. Notary Reference

Last Update: Janaury 9, 2024

TABLE OF CONTENTS (Click/Tap to Expand and Contract)

QUICK FACTS

Notary Jurisdiction

Statewide (WS 32-3-105[a]).

Notary Term Length

Six years (WS 32-3-120[e]).

Notary Bond

Not required.

Notary Seal

Required (WS 32-3-114[a][vii]; 32-3-116).

Notary Journal

Required (WS 32-3-120[e]).

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ADMINISTRATION AND RULES

Commissioning Official

The Wyoming Secretary of State commissions, regulates, and maintains records on the state’s Notaries (WS 32-3-120[e]; 32-3-122).

Contact Information

Address: Office of Secretary of State
Notary Division
Herschler Building
East 122 W 25th St
Suites 100 and 101
Cheyenne, WY 82002-0020
Phone: 307-777-5335
Website: https://sos.wyo.gov/Services/Notaries.aspx

Laws, Rules and Guidelines

Laws: Most Notary statutes are in the Wyoming Statutes Title 32, Chapter 1 (“Notaries Public”).
Rules: Regulations for Notaries are in the Code of Wyoming Rules (CWR) Agency 002 Secretary of State, Program 0012 Notary Rules, Chapter 6).
Guidelines: Other guidelines for Notaries may be found on the Secretary of State’s website.

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COMMISSION AND APPOINTMENT

Commission Process

Qualifications: “To hold a commission as a notary public, an individual shall:
“(i) Be at least eighteen (18) years of age;
“(ii) Be a citizen or permanent legal resident of the United States, or otherwise lawfully present in the United States;
“(iii) Be a resident of Wyoming or have a place of employment or practice in this state or be the spouse or legal dependent of military personnel assigned to active duty in this state;
“(iv) Not be disqualified to receive a commission under W.S. 32-3-122; and
“(v) Have passed the examination required under W.S. 32-3-121(a)” (WS 32-3-120[a]).
Course: Required.
“The secretary of state or an entity approved by the secretary of state shall regularly offer a course of study to applicants for a new or renewed commission. The course shall cover the laws, rules, procedures and ethics relevant to notarial acts … For a new notary public commission filed on or after July 1, 2021, or upon any renewal filed on or after July 1, 2021, in addition to passing the examination required in subsection (a) of this section the applicant shall complete notary public education as required by the secretary of state” (WS 32-3-121[b] and [c]).
According to the Secretary of State, an applicant may take the Secretary’s Notary Education Presentation available at no charge at the Secretary’s website, or take the course of an approved vendor of Notary education. If the course is taken from an approved vendor, the applicant must include a certificate of completion for the course and examination. (website, “Notary Public Commission Instructions”).
“A notary public shall review the Notary Education Presentation that is located on the Wyoming Secretary of State’s website at https://sos.wyo.gov/Services/Notaries.aspx for every term. They shall certify that the presentation has been completed on their application” (CWR 002.0012.6 Section 5).
Exam: Required.
“An applicant for a new or renewed commission as a notary public in this state must pass an examination administered by the secretary of state or an entity approved by the secretary of state. The examination must be based on the course of study described in subsection (b) of this section” (WS 32-3-121[a]).
The examination is included in Part III of the application for a commission. The exam includes twenty true/false questions. Fourteen correct answers are required to pass. The examination may be included in an approved vendor’s course.
Application: An application form may be downloaded from the Secretary of State’s website. Both a full legal name and the applicant’s preferred commission name and a signature of that preferred commission name are required. The filing fee is $60. “Once your Application/Renewal is processed, you will receive an email from our office with your Appointment Letter and Certificate of Commission” (website, “Notary Public Commission Instructions”). Typical processing time is 5-7 business days following receipt of the application and any required documents.
Background Screening: Not required.
Non-Residents: Effective July 1, 2021, nonresidents who have a place of employment or practice in Wyoming may apply for a Wyoming Notary Public commission. In addition, the spouse or legal dependent of military personnel assigned to active duty in Wyoming also may apply for commission as a Notary (WS 32-3-120[a]).
Reappointment: “An applicant for a new or renewed commission shall:
“(i) Complete an application and oath of office in the form prescribed by the secretary of state;
“(ii) Pay a filing fee of sixty dollars ($60.00);
“(iii) Provide certification that the applicant has passed the examination and completed the education requirements in rule and in W.S. 32-3-121; and
“(iv) Submit the application and oath, certification and filing fee to the secretary of state” (WS 23-3-120[d]).
No Immunity or Benefit: “The commission shall not provide the notary public any immunity or benefit conferred by law of this state on public officials or employees” (WS 32-3-120[h]).
One Commission: “An individual shall not have more than one (1) Wyoming notary public commission in effect at the same time” (WS 32-3-120[f]).

Notification to Perform In-Person Electronic and Remote Notarial Acts

In-Person Electronic Notarial Acts: “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 perform notarial acts with respect to electronic records” (WS 32-3-120[g]).
Remote Notarial Acts: “Before a notary public performs the notary public’s initial notarial act with respect to … a remotely located person, a notary public shall notify the secretary of state that the notary public will perform notarial acts with respect to … a remotely located person and identify the electronic notarization systems or other forms of communication technology the notary public intends to use” (WS 32-3-120[g]).

Online Search

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Jurisdiction

Statewide: “A commission to act as a notary public authorizes the notary public to perform notarial acts in any county in this state …” (WS 32-3-104[b]).
Reciprocity: “A commission to act as a notary public authorizes the notary public to perform notarial acts in … any bordering state if the border state recognizes the officer’s authority within that state … If performing an allowable notarization in a bordering state, a Wyoming notary public shall adhere to the laws and rules of Wyoming” (WS 32-3-104[b]). If performing a notarization in a bordering state, the venue for the notarial act is the state and county where the notarial officer is physically located at the time the notarial act is performed” (WS 32-3-104[c]).

Term Length

“The secretary of state shall issue a commission for a six (6) year term as a notary public to an applicant for a new or a renewed commission who has complied with [WS 32-3-120]” (WS 32-3-120[e]).

Bond

Not required. Effective July 1, 2021, the Notary surety bond requirement was repealed.

“Nothing in this act shall be construed to deny a notarial officer the right to obtain an assurance in the form of a surety bond or errors and omissions insurance on a voluntary basis to provide coverage for liability” (WS 32-3-123[g]).

Changes of Status

Information Change: “A notary public shall notify the secretary of state within thirty (30) days of any change in the information on file with the secretary of state using a form prescribed by the secretary of state” (WS 32-3-127[a]).
Name Change: “In the case of a name change, the notary public shall also include:
“(i) A sample of the officer’s handwritten official signature on the notice; and
“(ii) A ten dollar ($10.00) filing fee” (WS 32-3-127[b]).

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NOTARIAL ACTS

Authorized Acts

Notarial Acts: Wyoming Notaries and other Wyoming notarial officers are authorized to perform the following notarial acts (WS 32-3-102[a][xviii]):
1. Take acknowledgments;
2. Administer oaths and affirmations;
3. Take verifications upon oath or affirmation (jurats);
4. Witness or attest signatures;
5. Certify or attest copies;
6. Note protests of negotiable instruments (WS 3-102[a][xviii]).
In-Person Electronic and Remote Notarial Acts: Wyoming Notaries who have notified the Secretary of State that they will be performing technology-based notarial acts may perform any of the notarial acts listed above electronically or remotely.

Acknowledgments

Definition: “‘Acknowledgment' means a declaration by a principal before a notarial officer that the principal has knowingly and willingly signed a record for the purposes stated in the record and, if the record is signed in a representative capacity, that the principal signed the record with proper authority, signed it as the act of the principal or entity identified in the record and acknowledges that the record was executed and acknowledged knowingly and willingly” (WS 32-3-102[a][i]).
Requirements: “A notarial officer who takes an acknowledgment of a record shall determine from satisfactory evidence of the identity of the principal that the principal appearing before the notarial officer and making the acknowledgment has the identity claimed and that the signature on the record is the signature of the principal and was made knowingly and willingly for the purposes intended” (WS 32-3-111[a]).
“A notarial officer who takes an acknowledgment … of a principal who signs a record in a representative capacity shall determine from satisfactory evidence of the identity of the principal that the principal appearing before the notarial officer has the identity claimed and from the record, personal knowledge or presentment of an official record that the principal holds the title or capacity claimed and has knowingly and willingly signed the record in that capacity for the purposes intended” (WS 32-3-111[d]).

Oaths and Affirmations

Definitions
1. “‘Oath’ means a notarial act, or part thereof, which is legally equivalent to an affirmation and in which a person at a single time and place:
  “(A) Is identified by the notarial officer through satisfactory evidence; and
  “(B) Makes a vow of truthfulness or fidelity on penalty of perjury while invoking a deity or using any form of the word ‘swear’” (WS 32-3-102[A][xxi]).
2. “‘Affirmation’ means a notarial act, or part thereof, which is legally equivalent to an oath and in which a person at a single time and place:
  “(A) Is identified by the notarial officer through satisfactory evidence; and
  “(B) Makes a vow of truthfulness or fidelity on penalty of perjury, based on personal honor and without invoking a deity or using any form of the word ‘swear’” (WS 32-3-102[a][ii]).
Requirements: “A notarial officer who administers an oath or affirmation shall determine from satisfactory evidence of the identity of the person that the person appearing before the notarial officer and taking the oath or affirmation has the identity claimed and is knowingly and willingly making the statement with the intent to be bound by the statement” (WS 32-3-111[g]).
“A person may be sworn by any form he deems binding on his conscience” (WS 1-2-101).
“Persons conscientiously opposed to swearing or to taking any oath may affirm, and are subject to the penalties of perjury as in the case of swearing an oath. Whenever any person is required to take an oath in any court, or before any person or officer authorized by law to administer oaths, it is lawful for the court, officer or person administering the same, to administer it in the following manner: the person taking the oath or swearing shall, with his or her right hand uplifted, swear or take the oath, concluding with the words ‘so help me God’” (WS 1-2-103).

Verifications (Jurats)

Definition: “'Verification on oath or affirmation', or ‘jurat’ means a declaration, made by a principal on oath or affirmation before a notarial officer, that a statement in a record is true and that the record has been signed knowingly and willingly before the notarial officer for the purposes intended” (WS 32-3-102[a][xxxix]).
Requirements: “A notarial officer who takes a verification on oath or affirmation of a statement shall determine from satisfactory evidence of the identity of the principal that the principal appearing before the notarial officer, signing the record and making the verification has the identity claimed and that the signature on the statement verified is the signature of the principal and was made knowingly and willingly for the purposes intended” (WS 32-3-111[b]).

Signature Witnessings or Attestations

Definition: “'Signature witnessing' or ‘signature attestation’ means a notarial act in which a notarial officer witnesses a principal execute a record knowingly and willingly for the purposes intended while appearing before the notarial officer” (WS 32-3-102[a][xxxiv]).
Requirements: “A notarial officer who witnesses or attests to a signature shall determine from satisfactory evidence of the identity of the principal that the principal appearing before the notarial officer and signing the record has the identity claimed and has executed the record knowingly and willingly for the purposes intended” (WS 32-3-111[c]).
“A notarial officer who … witnesses a signature of a principal who signs a record in a representative capacity shall determine from satisfactory evidence of the identity of the principal that the principal appearing before the notarial officer has the identity claimed and from the record, personal knowledge or presentment of an official record that the principal holds the title or capacity claimed and has knowingly and willingly signed the record in that capacity for the purposes intended” (WS 32-3-111[d]).

Copy Certifications and Attestations

Requirements: “A notarial officer who certifies or attests a copy of a record or an item that was copied shall determine that the copy is a full, true and accurate transcription or reproduction of the original or official record or the item” (WS 32-3-111[f]).
“A notarial officer shall not … [c]ertify a copy of an official record issued by a public entity, such as a birth, death or marriage certificate, a court record or a school transcript, unless the officer is employed by the entity issuing or holding the original version of the record” (WS 32-3-123[iv]).
Paper Printout of Electronic Record: “A notarial officer may certify that a tangible copy of an electronic record is an accurate copy of the electronic record and shall comply with W.S. 32-3-123(a)(iv) regarding certification or attestation of a copy of a record or item” (WS 32-3-111[f]).

Protests

Definition: “A protest is a certificate of dishonor made by a United States consul or vice consul, or a notarial officer or other person authorized to administer oaths by the law of the place where dishonor occurs” (WS 34.1-3-505[b]).
Requirements: “A notarial officer who makes or notes a protest of a negotiable instrument shall determine the matters set forth in W.S. 34.1-3-505(b)” (WS 32-3-111[f]).
“[A protest] may be made upon information satisfactory to that person. The protest must identify the instrument and certify either that presentment has been made or, if not made, the reason why it was not made, and that the instrument has been dishonored by nonacceptance or nonpayment. The protest may also certify that notice of dishonor has been given to some or all parties” (WS 34.1-3-505[b]).

Remote Notarial Acts

Definitions: “'Remote online notarization' means a notarial act or notarization performed by means of an electronic notarization system or other form of communication technology on an electronic record that meets the standards adopted under this act” (WS 32-3-102[a][xxix]).
“'Remote ink notarization' means the notarial act of an acknowledgment performed by means of an electronic notarization system or other form of communication technology on a tangible record that meets the standards adopted in this act” (WS 32-3-102[a][xxviii]).

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STANDARDS OF PRACTICE

Personal Appearance

Definition: “‘Appearing before,' ‘in the presence of,’ ‘personal appearance’ and ‘personally appear’ mean being in the same physical location as another person and close enough to see, hear, communicate with and exchange identification credentials with that person or interacting with another remotely located person by means of an electronic notarization system or other form of communication technology in compliance with this act” (WS 32-3-102[a][iii]).
Notarial Acts: See “Notarial Acts,” above for the definitions and standards for an acknowledgment, oath or affirmation, verification on oath or affirmation, and signature witnessing, all which require the principal to appear before the notarial officer. See “Certificate of Notarial Act,” below for the short-form certificates for each of these notarial acts, in which the Notary or notarial officer certifies that the acknowledgment, verification on oath or affirmation, and signature witnessing was made “before me.”
Remote Notarial Acts: “A remote online notarization may be performed by a notarial officer for any notarial act if … [t]he principal or credible witness personally appears before the notarial officer in accordance with this act” (WS 32-3-111[k]).
“‘[P]ersonally appear’ mean[s] … interacting with another remotely located person by means of an electronic notarization system or other form of communication technology in compliance with this act” (WS 32-3-102[a][iii]).

Identification

Notarial Acts
1. Definitions
  1. Satisfactory Evidence: “'Satisfactory evidence', when referring to proof of identity, means, …[i]dentifying a person appearing before a notarial officer by means of:
    “(I) The notarial officer’s personal knowledge of identity;
    “(II) Inspection by the notarial officer of an identification credential in accordance with W.S. 32-3-102(xiv); or
    “(III) By a verification on oath or affirmation of a credible witness personally appearing before the officer and known to the officer or whom the officer can identify upon inspection of an identification credential in accordance with W.S. 32-3-102(xiv)” (WS 32-3-102[a][xxxi][A]).
  2. Identification Credentials: “'Identification credential' means a passport, driver’s license or other form of identification issued by a federal, state or tribal government agency, which is current or expired not more than three (3) years before performance of the notarial act, and is satisfactory to the notarial officer as evidencing a person’s identity” (WS 32-3-102[xiv]).
    “For the purpose of evidencing a person’s identity for satisfactory evidence, the identification credential shall comply with W.S. § 32-3102(a)(xiv) and shall contain a photograph of the principal or the credible witness(es)” (CWR 002.0012.6 Section 2).
  3. Personal Knowledge: “'Personal knowledge of identity,' ‘personally known to the notarial officer’ and ‘personally knows’ mean familiarity with a person resulting from interactions with that person over a period of time or any other corroboration sufficient to dispel any reasonable uncertainty that the person has the identity claimed” (WS 32-3-102[a][xxv]).
2. Requirement: In taking an acknowledgment or verification on oath or affirmation, witnessing or attesting a signature, a notarial officer must determine from satisfactory evidence of the identity of the principal that the principal appearing before the notarial officer and signing the record has the identity claimed (WS 32-3-111[a], [b], [c], and [d]).
Remote Notarial Acts
1. Definitions
  1. “'Satisfactory evidence', when referring to proof of identity, means, … [i]f appearing by means of an electronic notarization system or other form of communication technology, a principal or credible witness may be required to prove satisfactory evidence on the basis of two (2) or more different types of technologies, processes or services, such as dynamic knowledge based authentication assessment, valid public key certificate, identity proofing, credential analysis or other means required by the electronic notarization system or other form of communication technology being used, or as may be prescribed in rule by the secretary of state” (WS 32-3-1-2[a][xxxi][B]).
  2. “'Credential analysis' means a process or service through which a third person affirms the validity of a government issued identification credential through review of public and proprietary data sources” (WS 32-3-102[a][vi]).
  3. “'Dynamic knowledge based authentication assessment' means an identity assessment that is based on a set of questions formulated from public or private data sources that does not contain a question for which the principal provided a prior answer to the entity doing the assessment” (WS 32-3-102[a][viii]).
  4. “'Identity proofing' means a process or service, if required by an electronic notarization system or other form of communication technology, by which a third person provides a notarial officer with a means to verify the identity of a remotely located person by:
    “(A) A review of personal information from public or private data sources; or
    “(B) Biometric data including but not limited to facial recognition, voice analysis or fingerprint analysis” (WS 32-3-102[a][xv]).
2. Requirement: “A remote online notarization may be performed by a notarial officer for any notarial act if … [t]he notarial officer … [i]dentifies the principal through satisfactory evidence” (WS 32-3-111[k][ii]).

Refusal of Services

Specific Grounds: “A notarial officer may refuse to perform a notarial act if:
“(i) The officer is not satisfied that the principal executing the record is competent or has the capacity to execute the record;
“(ii) The officer is not satisfied that the principal’s signature is knowingly and voluntarily made” (WS 32-3-112[a][i] and [ii]).
General Grounds: “A notarial officer may refuse to perform a notarial act unless refusal is prohibited by law other than this act” (WS 32-3-112[c]).

Signature by Proxy

Authorization: “If a principal is physically unable to sign a record, the principal may:
“(i) In the presence of the notarial officer and one (1) witness unaffected by the record, direct the witness to sign the principal’s name on the record. The notarial officer shall insert “Signature affixed by (name of witness) at the direction of (name of principal)” or words of similar import under or near the signature; or
“(ii) In the presence of the notarial officer and two (2) witnesses unaffected by the record, direct the notarial officer to sign the principal’s name on the record. The notarial officer shall insert ‘Signature affixed by (name of notarial officer) at the direction of (name of principal) in the presence of (names of two witnesses)’ or other words of similar import under or near the signature” (WS 32-3-113[a]).
Identification of Witnesses: “A notarial officer shall identify any witness through satisfactory evidence and a notary public’s journal shall reflect an entry for both the principal and all witnesses involved in the notarial act” (WS 32-3-113[c]).

Physically-Challenged Individuals

“A notarial officer may use signals or electronic or mechanical means to take an acknowledgment from, administer an oath or affirmation to, or otherwise communicate with any principal or witness in the presence of the officer when it appears that the principal or witness is unable to communicate orally or in writing” (WS 32-3-113[b]).

Disqualifying Interest

Personal: “A notarial officer shall not … [p]erform a notarial act with respect to a record to which the officer is a party or … has a direct beneficial interest” (WS 32-3-123[a][1]).
“A notarial officer shall not … [n]otarize the officer’s own signature” (WS 32-3-123[a][ii]).
“A notarial officer shall not … [n]otarize a record in which the officer is individually named or from which the officer will directly benefit by a transaction involving the record” (WS 32-3-123[a][111]).
Spouse, Civil Partner: A notarial officer shall not …[p]erform a notarial act with respect to a record to which … the officer’s spouse or civil partner is a party or … has a direct beneficial interest” (WS 32-3-123[a][i]).
Exception: “It shall be lawful for any notarial officer who is a stockholder, director, officer or employee of a bank or other corporation to take the acknowledgment of any party to any written instrument executed to or by the corporation, or to administer an oath to any other stockholder, director, officer, employee or agent of the corporation, or to protest for nonacceptance, or nonpayment, bills of exchange, drafts, checks, notes and other negotiable instruments which may be owned or held for collection by the bank or other corporation” (WS 32-3-111[h]).

Unauthorized Practice of Law

No Authority: “A commission as a notary public does not authorize an individual to:
“(i) Assist persons in drafting legal records, give legal advice, influence or otherwise practice law;
“(ii) Act as an immigration consultant or an expert on immigration matters;
“(iii) Represent a person in a judicial or administrative proceeding relating to immigration to the United States, United States citizenship or related matters; or
“(iv) Receive compensation for performing any of the activities listed in this subsection” (WS 32-3-123[b]).

Advertising

Deceptive Advertising: “A notary public shall not engage in false or deceptive advertising” (WS 32-3-123[c]).
Use of ‘Notario’: “A notary public, other than an attorney licensed to practice law in this state, shall not use the term ‘notario’ or ‘notario publico’” (WS 32-3-123[d]).
Mandatory Notice: “A notary public, other than an attorney licensed to practice law in this state, shall not advertise or represent that the notary public may assist persons in drafting legal records, give legal advice or otherwise practice law. If a notary public who is not an attorney licensed to practice law in this state in any manner advertises or represents that the notary public offers notarial services, whether orally or in a record, including broadcast media, print media and the internet, the notary public shall include the following statement, or an alternate statement authorized or required by the secretary of state, in the advertisement or representation, prominently and in each language used in the advertisement or representation: ‘I am not an attorney licensed to practice law in this state. I am not allowed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities’. If the form of advertisement or representation is not broadcast media, print media or the internet and does not permit inclusion of the statement required by this subsection because of size, it must be displayed prominently or provided at the place of performance of the notarial act before the notarial act is performed” (WS 32-3-123[e]).

Investigate Notarial Act

“A notarial officer shall not … [i]nvestigate, ascertain or attest the lawfulness, propriety, accuracy or truthfulness of a record or transaction involving a notarial act” (IC (WS 32-3-123[vi]).

In-Person Electronic Notarial Acts

Applicable Law
1. Uniform Electronic Transactions Act: Wyoming has adopted the Uniform Electronic Transactions Act, including the provision on notarization and acknowledgment (Title 40, Chapter 21, Sections 40-21-101 through 40-21-119), thereby recognizing the legal validity of electronic signatures used by Notaries: “If a law requires a signature or record to be notarized, acknowledged, verified or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record” (WS 40-21-111).
2. Uniform Real Property Electronic Recording Act: Wyoming has adopted the Uniform Real Property Electronic Recording Act (URPERA), including the following requirement on electronic notarization: “A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression or seal need not accompany an electronic signature” (WS 34-1-403[c]).
3. Notaries Public Act: Wyoming Statutes Sections 32-3-101 through 32-3-131 provide requirements for performing notarial acts on electronic records.
Technology Systems
1. Approval of System Providers: Not required.
2. List of System Providers: Not provided.

Remote Notarial Acts

Types of Remote Acts: In Wyoming, there are two types of remote notarial acts: remote online notarization and remote ink notarization. The former is a remote notarial act using electronic records; the latter is a remote notarial act using tangible records. Under this heading, provisions related to both types of remote notarial acts are discussed. The unique provisions are then discussed under separate headings which follow.
Authority to Perform Remote Notarial Acts: “A notarial officer may perform a remote ink notarization or remote online notarization for a principal who is located:
“(i) In this state;
“(ii) Outside of this state but within the United States; or
“(iii) Outside the United States if:
“(A) The act of making the statement or signing the record is not prohibited by the foreign state in which the remotely located individual is located; and
“(B) The record is part of or pertains to:
“(I) A matter that is to be filed with or is before a public official or court, governmental entity or other entity located in the territorial jurisdiction of the United States;
“(II) Property located in the territorial jurisdiction of the United States; or
“(III) A transaction substantially connected with the United States” (WS 32-3-111[j]).
Choice of Law: “A notarial act performed by means of an electronic notarization system or other form of communication technology is considered to have been performed in Wyoming and is governed by Wyoming law regardless of the physical location of the principal at the time of the notarization” (WS 32-3-111[o]).
Refusal of Remote Online or Ink Notarizations: “A notarial officer may refuse to perform a notarial act if … [t]he officer is not satisfied with, or does not know how to operate, the electronic notarization system or other form of communication technology chosen by the principal or other person” (WS 32-3-112[a][iii]).
“A notarial officer shall refuse a request that would require the officer to use an electronic notarization system or other form of communication technology that does not meet the requirements of this act” (WS 32-3-112[b]).

Remote Online Notarization

Technology Systems
1. Definition: “'Electronic notarization system' is a specific form of communication technology which utilizes a set of applications, programs, hardware, software or technologies designed to enable a notarial officer to perform electronic notarizations that renders every electronic notarial act tamper evident through the use of a security procedure, verifies the identity of a remotely located person through identity proofing or a dynamic knowledge based authentication assessment and that meets the necessary requirements as determined by the secretary of state” (WS 32-3-102[a][x]).
  “'Communication technology' means an electronic device or process that:
  “(A) Allows a notarial officer and a remotely located person to communicate with each other simultaneously by sight and sound; and
  “(B) When necessary and consistent with other applicable law, facilitates communication with a remotely located person who has a vision, hearing or speech impairment” (WS 32-3-102[a][v]).
2. Approval of System Providers: Not required. Technology systems must meet the standards prescribed in statute: “'Electronic notarization system' is a specific form of communication technology which utilizes a set of applications, programs, hardware, software or technologies designed to enable a notarial officer to perform electronic notarizations that renders every electronic notarial act tamper evident through the use of a security procedure, verifies the identity of a remotely located person through identity proofing or a dynamic knowledge based authentication assessment and that meets the necessary requirements as determined by the secretary of state” (WS 32-3-102[a][x]).
3. List of System Providers: Not provided.
4. Use of Specific System: “Nothing in these statutes or rules shall prevent a person, as defined in W.S. § 323-102(a)(xxiv), from requiring a specific electronic notarization system rather than another form of communication technology” (CWR 002.0012.6 Section 4[b]).
Recording of Remote Notarial Act: For the requirement that a Notary maintain an audiovisual recording of each remote notarial act, see “Records of Notarial Acts,” below.
Confirmation of Record: “A remote online notarization may be performed by a notarial officer for any notarial act if … [t]he notarial officer … [i]s satisfied that any record that is signed, acknowledged or otherwise presented for notarization by the principal is the same record remotely notarized by the notarial officer” (WS 32-3-111[k][ii][C]).
Quality of Communication Technology: “A remote online notarization may be performed by a notarial officer for any notarial act if … [t]he notarial officer … [i]s satisfied that the quality of the electronic notarization system or other form of communication technology is sufficient to make the determinations required for the notarial act under this chapter and any other applicable law of this state” (WS 32-3-111[k][ii][D]).

Paper Remote Notarial Acts (Remote Ink Notarization)

Acknowledgments Only: “A remote ink notarization may be performed by a notarial officer for the notarial act of an acknowledgment” (WS 32-3-111[m]).
Sign and Transfer Document: “The principal shall sign and date a tangible document and submit the tangible, ink signed document to the notarial officer” (WS 32-3-111[m][i]).
Taking Acknowledgment: “The notarial officer shall then initiate the notarial act with the remotely located principal by means of an electronic notarization system or other form of communication technology and identify the remotely located principal or witness through satisfactory evidence” (WS 32-3-111[m][i]).
Satisfactory Evidence: See “Identification of Remotely Located Individual,” above for the definition of “satisfactory evidence.”
“The notarial officer shall perform the acknowledgement as set forth in this act, abiding by the same requirements for all other notarial acts” (WS 32-3-111[m][iii]).
Confirmation of Record: “A notarial officer who performs a remote ink notarization … shall take reasonable steps to ensure that the principal and any required witnesses are viewing the same record” (WS 32-3-111[n]).

Withholding Records

“Except as otherwise allowed by law, a notary public shall not withhold access to or possession of an original record provided by a person that seeks performance of a notarial act by the notary public” (IC (WS 32-3-123[f]).

Validity of Notarial Acts

“The failure of a notarial officer to perform a duty or meet a requirement specified in this act does not invalidate a notarial act performed by the notarial officer. The validity of a notarial act in this act does not prevent an aggrieved person from seeking to invalidate the record or transaction that is the subject of the notarial act or from seeking other remedies based on the law of this state other than this act or law of the United States. This section does not validate a purported notarial act performed by an individual who does not have the authority to perform notarial acts” (WS 32-3-124).

Intent to Deceive or Defraud

“A notarial officer shall not … [p]erform any official action with the intent to deceive or defraud” (WS 32-3-123[viii]).

Endorsements

“A notarial officer shall not … [u]se the official notarial officer title or stamp to endorse, promote, denounce or oppose any product, service, contest, candidate or other offering” (WS 32-3-123[ix]).

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CERTIFICATE OF NOTARIAL ACT

Certificate Requirements

General Requirement: “A notarial act shall be evidenced by a certificate” (WS 32-3-114[a]).
Specific Requirements: “The certificate shall:
“(i) Be executed contemporaneously with the performance of the notarial act;
“(ii) Identify the county and state in which the notarial act is performed;
“(iii) Identify the name of the principal, the type of record and issuing entity that is copied, or, if performing a verification of fact, the information the notarial officer has certified to;
“(iv) Specify the notarial act being performed;
“(v) Be signed and dated by the notarial officer. If the notarial officer’s signature is required to be on file with the secretary of state, the certificate shall be signed in the same manner as on file;
“(vi) Contain the title of office of the notarial officer; and
“(vii) Contain the impression on a tangible record, or electronic image on an electronic record, of the notary public’s official stamp” (WS 32-3-114[a]).
“A notarial officer shall not affix the officer’s signature or stamp to, or logically associate it with, a certificate until the notarial act has been performed” (WS 32-3-114[g]).

Certificate Forms

Wyoming has adopted the Revised Uniform Law on Notarial Acts and the Act’s short-form certificates. These certificate forms appear below.

Acknowledgment by Individual (WS 32-3-115[a][i])

State of Wyoming

County of _________

This record was acknowledged before me on _________ (date) by _________ (name[s] of person[s]).