Wisconsin - U.S. Notary Reference

Last Update: May 22, 2025

Notary Jurisdiction

Statewide (WS 140.02[5]).

Notary Term Length

Four years (WS 140.02[1][f]); four years or lifetime for attorneys (WS 140.02[2][a]).

Notary Bond

$500 (WS 140.02[1][d]). No bond is required for attorneys holding permanent commissions.

Notary Seal

Required (WS 140.15[2]).

Notary Journal

Not required.

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Commissioning Official

The Secretary of Financial Institutions appoints, regulates, and maintains records on Notaries Public (WS 140.02[1][a]; WAC DFI-CCS 25.06).

Contact Information

1. Physical Address
   Wisconsin Department of Financial Institutions
   4822 Madison Yards Way, North Tower
   Madison WI 53705

2. Mailing Address
   Wisconsin Department of Financial Institutions
   PO Box 7847
   Madison WI 53707

3. Phone: 1-608-266-8915

4. Email: DFINotary@Wisconsin.gov

5. Website: https://dfi.wi.gov (Notary web pages may be found under “Consumer Services”).

Laws, Rules and Guidelines

1. Laws

   1. Wisconsin Statutes: Most Notary statutes are in the Wisconsin Statutes (WS) Chapter 140, “Notaries Public; Notarial Acts.”

   2. Citations: Citations to the Statutes in this chapter follow this convention: WS, Chapter followed by a period, section, and any subsections, paragraphs, and subdivisions within the section separated with or without brackets. Example: WS 140.01(1)(i)2.

2. Rules

   1. Wisconsin Administrative Code: Administrative rules governing Notaries are found in the Wisconsin Administrative Code (WAC), Chapter DFI-CCS 25).

   2. Citations: Citations to the Code in this chapter follow this convention: WAC, agency abbreviation, chapter, section, and any subsections, paragraphs, and subdivisions within the section separated with or without brackets. Example: WAC DFI-CCS 25.04[3].

3. Guidelines

   1. Notary Public Handbook: Other guidelines for Notaries are in the “Notary Public Handbook” (NPH) (September 2024) published by the Department of Financial Institutions and available on the website.

   2. Tutorial: The “Wisconsin Notary Public Tutorial” (NPT), accessible on the website, contains helpful guidelines.

   3. Guidance on Identity Proofing: The Wisconsin Department of Financial Institution’s “Guidance on Identity Proofing” (GIP) (November 2020) is available on the website.

   4. Guidance on Personal Knowledge: The Wisconsin Department of Financial Institution’s “Guidance on the Performance of Notarial Acts on the Basis of Personal Knowledge” (GNAPK) (December, 2020) is available on the website.

   5. Guidance for Remote Notarial Acts: The Wisconsin Department of Financial Institution’s “Guidance for Notaries Seeking to Perform Notarial Acts for Remotely Located Individuals” (GNARLI) (March 22, 2024) is available on the website.

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Commission Process

1. Qualifications: An applicant for a commission as a Wisconsin Notary Public must (WS 140.02[1]):
   (a)  be at least 18 years old,
   (b) have at least the equivalent of an eighth-grade education,
   (c) be a United States resident (i.e., maintain a permanent dwelling place in the United States and be in fact living in this country [NPH]),
   (d) have knowledge and/or training with regard to the duties and responsibilities of a Wisconsin Notary, and
   (e) not have an unacceptable arrest or conviction record (i.e., not have been convicted in state or federal court of a felony or a misdemeanor involving a violation of the public trust, unless a pardon has been issued). Notably, an applicant does not have to be a Wisconsin resident, nor a U.S. citizen.

2. Residency: “Any United States resident who is at least 18 years of age may apply to become a notary public. ‘Resident’ means a person who maintains a permanent dwelling place in the United States and is in fact living in the United States. Your eligibility does not depend on immigration status, but rather on whether you maintain your permanent residence within the United States and meet the other eligibility requirements for a notary commission” (NPH).

3. Course: According to instructions on the application form, a free Online Tutorial must be taken by the applicant and passed with a score of at least 90% in order to demonstrate the requisite knowledge and/or training on the duties and responsibilities of a Wisconsin Notary. The Tutorial may be taken as many times as the applicant likes before taking the final exam – or retaken in the future as a refresher course. It must be taken in one sitting and cannot be saved.

4. Exam: The Online Tutorial includes a 30-question final assessment exam and is available on the Department of Financial Institution's website. After achieving a passing score of at least 90%, a “certificate of achievement” may be printed out and submitted with the application.

5. Application

   1. Paper or Online Forms: Notary commission applicants may now apply and pay online or download a PDF of the application for completion. When using the online application, forms will need to be printed, completed and uploaded to the DFI online portal for processing and approval. (website, “Notary File Online”).

   2. Contents: The application by a non-attorney for a four-year commission must include: a notarized oath of office; a completed $500 surety bond; an imprint of the Notary seal that will be used (necessitating purchase of a seal before commissioning); a certificate verifying a passing score of 90% or higher on the Online Tutorial; and the application fee.

   3. Fee: $20 payable to the “Wisconsin Department of Financial Institutions.” Only after paying the $20 fee may the oath and bond forms be printed out.

6. Background Screening: Not required.

7. Non-Residents: Any legal resident of the United States may obtain a Wisconsin Notary commission, but the commission may only be used within the state.

8. Reappointment: For renewals, the Department of Financial Institutions is required by statute to mail an expiration notice to each Notary’s last known address; the reappointment procedure is otherwise the same as for the initial appointment.
   “Is a Notary commission renewed automatically? – No, but notaries may be reappointed. The Wisconsin Department of Financial Institutions will send notice of an upcoming commission expiration by email or mail. The reappointment procedure is the same as the initial appointment” (NPH). Submitting the renewal code that appears on the expiration notice postcard will speed up the process.

Notification to Perform Remote Notarial Acts

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. After it sends that notification, the Department’s public notary database will be updated to indicate that the notary is a “remote online notary” authorized to perform remote notarial acts using an approved communication technology.
“After completing training, a notary should check the database to confirm that their chosen technology provider has notified the Department that they are now authorized to perform remote online notarizations. If a notary’s profile is not updated to indicate that they are a ‘remote online notary’ within 14 days of completing training with an approved technology provider, the notary should contact the provider and ask them to send the necessary notification to the Department” (GNARLI).
“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”) at https://apps.dfi.wi.gov/apps/NotarySearch/SearchCriteria.aspx. 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).

Term Length

1. Notaries Public: “A certificate of appointment as a notary public for a term of 4 years stating the expiration date of the commission shall be issued to applicants who have fulfilled the requirements of this subsection” (WS 140.02[1][f]).

2. Attorney Notaries Public: “The secretary of financial institutions shall issue a certificate of appointment as a notary public to persons who qualify under the requirements of this subsection. The certificate shall state that the notary commission is permanent or is for 4 years” (WS 140.02[2][b]).

   1. Commission Required: Attorneys do not have automatic notarial powers but must apply for a commission, either a regular four-year or a permanent commission (WS 140.02[2]). The application by an attorney licensed to practice law in Wisconsin for a permanent commission does not include an oath of office or a bond, but a seal imprint, a “Certificate of Good Standing” from the Wisconsin Supreme Court, and a $50 fee must be included. The applicant must never have had a law license suspended or revoked and must be currently licensed to practice law in Wisconsin.

   2. Conditions: “A permanent commission is valid as long as the attorney remains a United States resident licensed to practice law in Wisconsin” (NPH). Upon reinstatement of a revoked or suspended law license, a Wisconsin attorney may qualify only for a Notary commission term of four years (WS 140.02[2][am]).

Bond

“Qualified applicants shall be notified by the department to take and file the official oath and execute and file an official bond in the sum of $500, with a surety executed by a surety company and approved by the department” (WS 140.02[1][d]). No bond is required for permanent commissions held by attorneys.

Changes of Status

1. Contact Information Change: “You are required to give written notice of any change of contact information (including email address) to the Wisconsin Department of Financial Institutions within 10 days of the change. Keeping your address current will also ensure delivery of your commission expiration notice” (NPH; see WS 140.02[6m]). A form is available on the website. A Notary may move outside the state of Wisconsin and retain the commission.

2. Name Change: A Notary with a new legal name must submit a change of name form (available on the website) to the Department of Financial Institutions prior to using the new name as a Notary.
   “If you change your name for any reason, it is strongly suggested that you purchase a new seal or rubber stamp stating your new name (and the words ‘State of Wisconsin’ and ‘Notary Public’). Obtain an Address/Name/Seal Change form from the DFI website …. You are required to complete and submit the Address/Name/Seal change form to the Wisconsin Department of Financial Institutions PRIOR to using your new name and seal for notary purposes” (NPH).
   “For the remainder of your present commission, however, it is permissible to continue to perform notarial acts using a previous name so long as you continue to sign your name as stated on your seal or rubber stamp. Do not sign under a new or different name if it does not match the name on your seal or stamp. For notarization purposes, your signature must always exactly match the name indicated on your official notary seal or stamp” (NPH).

3. Attorney-Notary Law License Change: “The supreme court shall file with the department notice of the surrender, suspension or revocation of the license to practice law of any attorney who holds a permanent commission as a notary public. Such notice shall be deemed a revocation of said commission” (WS 140.02[2][c]).
   A formal opinion of the Wisconsin Attorney General issued July 13, 2009, concluded that Wisconsin attorneys who have had their law licenses suspended or revoked for any reason, whether disciplinary or administrative, are not statutorily entitled to permanent Notary commissions. Upon restatement of their law licenses, however, the opinion stated that such attorneys are entitled to a fixed four-year commission that may be renewed (OAG-03-09).

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Authorized Acts

1. Notarial Acts: Wisconsin Notaries are authorized to perform the following notarial acts (WS 140.01[7] and 140.02[5]):

   1. Take acknowledgments;

   2. Administer oaths and affirmations;

   3. Take verifications on oath or affirmation;

   4. Witness or attest signatures;

   5. Certify or attest copies of documents or other items;

   6. Take depositions;

   7. Note protests of negotiable instruments;

   8. “[P]erform such other duties as by the law of nations, or according to commercial usage, may be exercised and performed by notaries public.”

2. Remote Notarial Acts: Wisconsin Notaries who have notified the Department of Financial Institutions that they will be performing remote notarial acts may perform any of the notarial acts listed above remotely.
   “Except for the administration of an oath before a witness at a deposition, a notary public located in this state may perform a notarial act using communication technology for a remotely located individual …” (WS 140.145[3]).

 Acknowledgments

1. Definitions

   1. Acknowledgment: “‘Acknowledgment’ means a declaration by an individual before a notarial officer that the individual has signed a record for the purpose stated in the record and, if the record is signed in a representative capacity, that the individual signed the record with proper authority and signed it as the act of the individual or entity identified in the record. (WS 140.01[1]).
      “An acknowledgment is a formal declaration made by a person, stating that at the time the person signed a document, it was signed voluntarily, and with an understanding of its nature and purpose. In an acknowledgment, a person is not swearing to the truth of statements, but is confirming that they voluntarily signed a document, and that they understood the nature and purpose of the document” (NPT).

   2. In a Representative Capacity: “'In a representative capacity' means acting as any of the following:
      “(a) An authorized officer, agent, partner, trustee, or other representative for a person other than an individual.
      “(b) A public officer, personal representative, guardian, or other representative, in the capacity stated in a record.
      “(c) An agent or attorney-in-fact for a principal.
      “(d) An authorized representative of another in any other capacity” (WS 140.01[6]).

2. Requirements

   1. Identity of Principal: “A notarial officer who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the acknowledgment has the identity claimed….” (WS 140.05[1]).

   2. Signature of Principal: “A notarial officer who takes an acknowledgment of a record shall determine … that the signature on the record is the signature of the individual” (WS 140.05[1]).
      “If the document [certificate] is an acknowledgment, the person need not sign in front of you, BUT MUST appear before you and acknowledge execution of the document” (NPH).

   3. Acknowledgment of Principal: The individual making the acknowledgment must verbally “declare” (acknowledge) to the Notary (WS 140.01[1]):

      1. Signature: The individual must acknowledge that “the individual signed a record for the purpose stated in the record….”

      2. Representative Capacity and Authority: If the individual has or is signing the record in a representative capacity, the individual must declare “that the individual signed the record with proper authority and signed it as the act of the individual or entity identified in the record.

   4. Certifications of Acknowledgment: “When a notary completes a certificate of acknowledgment, it will be assumed that the notary has done all of the following:
      “1. Required that the acknowledging party be in the notary’s presence, either in-person or via an approved communication technology provider;
      “2. Confirmed the party’s identity;
      “3. Determined that the party was competent or capable of executing the record;
      “4. Determined that the party signed the document knowingly and voluntarily; and
      “5. Witnessed the acknowledging party actually signing the document, or, if the document was signed previously, has shown the signature to the party, and asked the party to confirm having made the signature knowingly and voluntarily” (NPH).

Oaths and Affirmations

1. Definitions

   1. Oath: “An oath is a solemn pledge attesting to the truth of given statements. An oath requires swearing, (and may be understood to call upon a Supreme Being as a witness), and is subject to penalties of perjury” (NPT).

   2. Affirmation: “An affirmation is a solemn pledge attesting to the truth of given statements. An affirmation does not require swearing, but is still subject to penalties of perjury” (NPT).

2. Authorization: “An oath or affidavit required or authorized by law, except oaths to jurors and witnesses on a trial and such other oaths as are required by law to be taken before particular officers, may be taken before any judge, court commissioner, resident U.S. commissioner who has complied with ch. 140, clerk, deputy clerk or calendar clerk of a court of record, court reporter, notary public, town clerk, village clerk, city clerk, municipal judge, county clerk or the clerk’s deputy within the territory in which the officer is authorized to act, school district clerk with respect to any oath required by the elections laws; and, when certified by the officer to have been taken before him or her, may be read and used in any court and before any officer, board or commission. Oaths may be administered by any person mentioned in s. 885.01 (3) and (4) to any witness examined before him or her” (WS 887.01[1]).
   Is there a difference between an oath and an affirmation? – As a practical matter, no. Both oaths and affirmations are solemn pledges attesting to the truth of given statements. The difference is that an oath requires swearing (and may be understood to call upon a Supreme Being as witness), while an affirmation does not. Both oaths and affirmations are subject to penalties of perjury” (NPH).

3. Requirements: The “Notary Public Information” issued by the Wisconsin Department of Financial Institutions suggests the following wording for the administration of an oath for a sworn statement: “Would you please raise your right hand. [If affirmed]: Do you affirm under penalty of perjury that the statements in the document you have asked me to notarize are the truth, the whole truth, and nothing but the truth? [If sworn]: Do you solemnly swear that the statements in the document you have asked me to notarize are the truth, the whole truth, and nothing but the truth, so help you God?”

Verifications

1. Definitions

   1. Verification: “‘Verification upon oath or affirmation’ means a declaration, made by an individual on oath or affirmation before a notarial officer, that a statement in a record is true” (WS 140.01[18]).

   2. Jurat: “‘Jurat’ is the traditional name used to refer to the notary’s written certificate, which should appear after the signature of a person who has given an oath or has made a sworn statement. The jurat must be signed and dated contemporaneously when the performance of the notarial act occurs, identify the jurisdiction in which the notarial act is performed, indicate that it is signed by a notarial officer of this State, and include the date of expiration, if any, of the officer's commission” (NPH).

2. Requirements

   1. Identity of Principal: “A notarial officer who takes a verification of a statement on oath or affirmation shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the verification has the identity claimed….” (WS 140.05[2]).

   2. Signature of Principal: “A notarial officer who takes a verification of a statement on oath or affirmation shall determine … that the signature on the statement verified is the signature of the individual” (WS 140.05[2]).

   3. Oath, Affirmation: The short form certificate of notarial act for a verification on oath or affirmation states, “Signed and sworn to (or affirmed) before me …” (WS 140.16[3]) indicating that the notarial officer performing the verification must administer an oath or affirmation to the principal.

   4. Witness Signature: The short form certificate of notarial act for a verification on oath or affirmation states, “Signed and sworn to (or affirmed) before me …” (WS 140.16[3]) indicating that the notarial officer performing the verification must personally witness the principal sign the record.
      “If the document is an affidavit or other document requiring an oath, you MUST witness them signing it in real time. Check the wording on the jurat (certificate). If the words say ‘Signed before me …’ or ‘Subscribed and sworn to before me …’ then you you must witness the person signing the document in real time, either in-person or remotely via an approved communication technology provider. You can’t notarize a signature you didn’t witness. If the document is already signed, have the person sign again in your presence, above or below the other signature” (NPH).

Signature Witnessings or Attestations

Requirements

1. Identity of Principal: “A notarial officer who witnesses or attests to a signature shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and signing the record has the identity claimed” (WS 140.05[3]).

2. Witness Signature: The short form certificate of notarial act for a signature witnessing or attestation states, “Signed (or attested) before me …” (WS 140.16[4]) indicating that the notarial officer performing the signature witnessing or attestation must personally witness the principal sign the record.

Copy Certifications

1. Requirements

   1. Full, True Copy: “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 record or item” (WS 140.05[4]).

   2. Birth Certificates: “May I make a certified copy of a birth certificate? – [Y]ou are strictly prohibited from making copies, certified or uncertified, of ‘vital records,’ which include certificates of birth, death, divorce, annulments, marriage, etc. Never notarize photocopies of vital records that a person may bring to you. Preparing or issuing anything that carries the appearance of an original or copy of a vital record could cause you to be fined not more than $10,000, imprisoned not more than 3 years, or both. Copies of vital records are appropriately obtained from their official custodian: a state or county office of vital records, or similar government records office” (NPH).
      “‘Vital records’ means any of the following:
      “(a) Certificates of birth, death, divorce or annulment, and termination of domestic partnership, marriage documents, and declarations of domestic partnership.
      “(b) Worksheets that use forms that are approved by the state registrar and are related to documents under par. (a).
      “(c) Data related to documents under par. (a) or worksheets under par. (b)” (WS 69.01[26]).

2. Tangible Copy of Electronic Record: “A notarial officer may certify that a tangible copy of an electronic record is an accurate copy of the electronic record” (WS 140.04[3]).

Depositions

1. Authority: “Notaries public have power to … take depositions …” (WS 140.02[5]).

2. Requirements: Wisconsin Statutes Chapters 804 and 887 contain the rules related to the taking of depositions. A discussion of these rules is outside of the scope of this publication.

Protests

1. Definition: “A protest is a certificate of dishonor made by a U.S. consul or vice consul, or a notary public or other person authorized to administer oaths by the law of the place where dishonor occurs” (WS 403.505[2]).

2. Requirements: “A notarial officer who makes or notes a protest of a negotiable instrument shall determine the matters set forth in [WS] s. 403.505(2)” (WS 140.05[5]).
   “A protest may be made upon information satisfactory to that person. The protest shall 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 403.505[2]).

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Personal Appearance

1. Notarial Acts: “If a notarial act relates to a statement made in or a signature executed on a record, the individual making the statement or executing the signature shall appear personally before the notarial officer” (WS 140.06).

2. Remote Notarial Acts: “A remotely located individual may comply with [WS] s. 140.06 by using communication technology to appear before a notary public” (WS 140.145[2]).
   “If the document is an acknowledgement, the signer must appear in person before you and confirm that the signature on the document is theirs” (NPT).
   “Check the wording in the jurat (written notarial certificate for oaths) or other written notarial statement. If the words say ‘Signed before me....’, ‘Subscribed before me….’, ‘Subscribed and sworn to before me…. ’, or similar language, the person MUST sign the document in your presence or by approved remote online notarization procedures” (NPT).

Identification

1. Notarial Acts

   1. Requirement: The following identification requirements apply to acknowledgments, verifications upon oath or affirmation and to witnessing or attesting signatures:

   2. Personal Knowledge: “A notarial officer has personal knowledge of the identity of an individual appearing before the officer if the individual is personally known to the officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed” (WS 140.07[1]).
      “While there is no set formula for determining when the notary’s prior dealings with an individual are sufficient to provide reasonable certainty as to the individual’s identity, courts have noted that it “'involves something more than mere casual meetings, and must be based upon a chain of circumstances surrounding the person tending to show that he is the party he purports to be.' [Citing Anderson v. Aronsohn, 219 P. 1017, 1018 (Cal. Ct. App. 1923)]. Relevant circumstances include the length of time the notary has known the individual, the types of interactions, and the level of information gleaned from these interactions” (GNAPK).
      “Before performing a notarial act on the basis of personal knowledge, a notary should ask:
      “1) Do I have something more than a mere acquaintance with the individual?
      “2) How long have I known the individual? How many times have we spoken?
      “3) Have I seen the individual interacting with others? Do these other people know the individual by the same identity as I do?
      “4) How many times have I seen others I know interact with the individual? Have they identified the individual as the same person I know them to be?
      “5) Do I have any reasonable doubts about the individual’s identity?
      “6) Am I willing to risk the consequences if I am wrong about the individual’s identity? (GNAPK).

   3. Satisfactory Evidence

      1. Identification Documents: “A notarial officer has satisfactory evidence of the identity of an individual appearing before the officer if the officer can identify the individual … [b]y means of any of the following:
         “1. A passport, vehicle operator’s license, or government-issued identification card, which is current or expired not more than 3 years before performance of the notarial act.
         “2. Another form of government identification issued to an individual, which is current or expired not more than 3 years before performance of the notarial act, contains the signature or a photograph of the individual, and is satisfactory to the officer” (WS 140.007[2][a]).
         “Satisfactory identification includes a passport, vehicle operator’s license, a government-issued identification card, or other form of government identification that is not more than three years’ expired and which contains the signature and photograph of the individual” (NPT).

      2. Credible Witness: “A notarial officer has satisfactory evidence of the identity of an individual appearing before the officer if the officer can identify the individual … [b]y means of … 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 on the basis of a passport, vehicle operator’s license, or government-issued identification card, which is current or expired not more than 3 years before performance of the notarial act” (WS 140.007[2][b]).

   4. Additional Information or Credentials: “A notarial officer may require an individual to provide additional information or identification credentials necessary to assure the officer of the identity of the individual” (WS 140.07[3]).

2. Remote Notarial Acts

   1. Definition: “‘Identity proofing’ means a process or service by which a 3rd person provides a notary public with a means to verify the identity of a remotely located individual by a review of personal information from public or private data sources” (WS 140.145[1][c]).

   2. Requirement: A Notary may perform a notarial act for a remotely located individual if the Notary has any of the following:
      “1. Personal knowledge under [WS] s. 140.07 (1) of the identity of the individual.
      ”2. Satisfactory evidence of the identity of the remotely located individual by oath or affirmation from a credible witness appearing before the notary public under [WS] s. 140.07 (2) or this section.
      ”3. Obtained satisfactory evidence of the identity of the remotely located individual by using at least 2 different types of identity proofing” (WS 140.145[3][a]).

   3. Multiple Factors: “Principal identity verification for Remote Online Notarization services must include consistent Multi-Factor Authentication procedures:
      “1. Each Principal’s identity credential must be verified against trusted third-party data sources;
      “2. Each Principal’s identity must be bound to each individual Principal following successful Knowledge-Based Authentication, or another form of authentication or trusted third-party identity verification such as online banking authentication; and
      “3. Procedures must provide for human visual comparison between the Principal’s identity credential presented to the Notary and the Principal himself or herself” (GIP).

   4. Credential Analysis: “Remote Online Notarization service providers must use automated software processes to aid the Notary with their role in verifying each Principal’s identity.
      “1. The credential must pass an authenticity test, consistent with sound commercial practices that:
      “1. Use appropriate technologies to confirm the integrity of visual, physical or cryptographic security features;
      “2. Use appropriate technologies to confirm that the credential is not fraudulent or inappropriately modified;
      “3. Use information held or published by the issuing source or authoritative source(s), as available, to confirm the validity of credential details; and
      “4. Provide the output of the authenticity test to the Notary.
      “ 2. The credential analysis procedure must enable the Notary to visually compare both of the following for consistency:
      “1. The information and photo on the presented credential image; and
      “2. The Principal as viewed by the Notary in real time through the audio/video system.
      “3. Credential Type Requirements
      “1. Must be a government-issued document meeting the requirements of the State that contains a photograph of the individual, may be imaged, photographed and video recorded under applicable state and federal law, and can be subjected to credential analysis.
      “4. Credential Image Capture:
      1. The credential image capture procedure must confirm that:
      “1. The Principal is in possession of the credential at the time of the Notarial Act;
      “2. Credential images submitted for credential analysis have not been manipulated; and
      “3. Credential images match the credential in the Principal’s possession.
      “2. The following general principles should be considered in the context of image resolution:
      “1. Captured image resolution should be sufficient for the service provider to perform credential analysis per the requirements above.
      “2. Image resolution should be sufficient to enable visual inspection by the Notary, including legible text and clarity of photographs, barcodes, and other credential features.
      “3. All images necessary to perform visual inspection and credential analysis must be captured—e.g., U.S. Passport requires identity page, state driver’s licenses require front and back” (GIP).

   5. Dynamic Knowledge-Based Authentication: “A Dynamic Knowledge-Based Authentication procedure must meet the following requirements:
      “1. Each Principal must answer questions and achieve a passing score.
      “1. MISMO [Mortgage Industry Standards Maintenance Organization] recommends:
      “1. Five questions drawn from public or private data sources.
      “2. A minimum of five possible answer choices per question.
      “3. At least four of the five questions answer correctly (a passing score of 80%).
      “4. All five questions answered within two minutes.
      “2. Each Principal to be provided a reasonable number of attempts per Signing Session.
      “1. MISMO recommends:
      “1. If a Principal fails their first quiz, they may attempt up to two additional quizzes within 48 hours from the first failure.
      “2. During any quiz retake, a minimum of 40% (two) of the prior questions must be replaced.
      “3. The Remote Online Notarization system provider must not include the KBA procedure as part of the video recording or as part of the system-provided person-to-person video interaction between the Notary and the Signatory, and must not store the data or information presented in the KBA questions and answers. However, the output of the KBA assessment procedure must be provided to the Notary” (GIP).

   6. Workflow Continuity: “If a principal must exit the workflow, they must meet the criteria outlined in this [Credential Analysis and Authentication] section and restart the Credential Analysis and Authentication workflow from the beginning” (GIP).

Refusal of Services

1. Specific Grounds: “A notarial officer may refuse to perform a notarial act if the officer is not satisfied with respect to any of the following:

   1. Competence: A notarial officer may refuse to perform a notarial act if the officer is not satisfied that … [t]he individual executing the record is competent or has the capacity to execute the record” (WS 140.08[1][a]).

   2. Willingness: A notarial officer may refuse to perform a notarial act if the officer is not satisfied that … [t]he individual’s signature is knowingly and voluntarily made” (WS 140.08[1][b]).

2. General Grounds: A notarial officer may refuse to perform a notarial act unless refusal is prohibited by law other than this chapter [WS 140]” (WS 140.08[2]).

Incomplete Documents

“It is always advisable to check the document to be sure there are no blanks or incomplete statements. If, for instance, the document has blanks for two persons to sign, but you are witnessing only one signature, cross out and initial the blank line. This could prevent another person from signing it later” (NPH).

Signature by Proxy

“If an individual is physically unable to sign a record, the individual may direct an individual other than the notarial officer to sign the individual’s name on the record. The notarial officer shall insert ‘Signature affixed by (name of other individual) at the direction of (name of individual)’ or words of similar import” (WS 140.09).

Comparing Signatures

“You should also compare an example of that person’s signature with the signature on their document” (NPT).

Disqualifying Interest

1. Personal, Spouse or Partner: “A notarial officer may not perform a notarial act with respect to a record to which the officer or the officer’s spouse or domestic partner is a party or in which either of them has a direct beneficial interest. A notarial act performed in violation of this subsection is voidable” (WS 140.04[2]).
   “Should I witness my own signature? That of my spouse? – No. The notarial process is designed to provide an impartial third-party witness to signatures. You are not an impartial third-party witness [to] your own signature, and you’ll generally have a direct beneficial interest in documents signed by your spouse” (NPH).

2. Corporate or Bank Notaries: “It shall be lawful for any notary public 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 such corporation, or to administer an oath to any other stockholder, director, officer, employee, or agent of such 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 such corporation, if such notary is not a party to such instrument, either individually or as a representative of such corporation” (WS 220.18).

Unauthorized Practice of Law

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

1. 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).

2. 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).

Immigration Matters

1. Prohibitions: A notary public appointed under this subsection may not do any of the following:
   “1. State or imply that he or she is an attorney licensed to practice law in this state.
   “2. Solicit or accept compensation to prepare documents for or otherwise represent the interests of another person in a judicial or administrative proceeding, including a proceeding relating to immigration to the United States or U.S. citizenship.
   “3. Solicit or accept compensation to obtain relief of any kind on behalf of another person from any officer, agent, or employee of this state, a political subdivision of this state, or the United States.
   “4. Use the phrase “notario,” “notarizaciones,” “notarizamos,” or “notario publico,” or otherwise advertise in a language other than English on signs, pamphlets, stationery, or other written communication, by radio or television, or on the Internet his or her services as a notary public if the advertisement fails to include, in English and the language of the advertisement, all of the following:
   “a. The statement, if in a written advertisement, in all capital letters and the same type size: ‘I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN WISCONSIN AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.’ If the advertisement is given orally, the statement may be modified but must include substantially the same message and be understandable.
   “b. The fees that a notary public may charge….” (WS 140.02[1][i]).

2. Exemption: The prohibitions under 2. and 3. above do not apply to a Notary who is an “accredited representative,” as defined in 8 CFR 292.1(a)(4) (WS 140.02[1][j]).

3. Penalty: For a first-time violation of any of the above, a person may be fined not more than $10,000 or imprisoned for not more than nine months, or both. For a second violation, a person may be fined not more than $10,000 or imprisoned for not more than 6 years or both (WS 140.02[1[k]).

In-Person Electronic Notarial Acts

1. Applicable Law

   1. Uniform Electronic Transactions Act: Wisconsin has adopted an amended version of the Uniform Electronic Transactions Act (WS 137.11 through 137.24, Chapter 137, Subchapter II, “Electronic Transactions and Records; Electronic Notarization and Acknowledgment”), including the provision, slightly modified, on electronic notarization and acknowledgment, thereby recognizing as legally valid 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 administer the oath or to make the notarization, acknowledgment, or verification, 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 137.19).

   2. Uniform Real Property Electronic Recording Act: Wisconsin has enacted the Uniform Real Property Electronic Recording Act, which stipulates: “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 706.25[2][c]).

   3. Revised Uniform Law on Notarial Acts: In 2020, Wisconsin enacted the Revised Uniform Law on Notarial Acts provisions regarding notarizations on electronic records. These provisions are summarized below.

2. Technology Systems

   1. Approval of System Providers: Not required.

   2. List of System Providers: Not provided.

3. Tamper-Evident Technology

   1. Selection by Notary: “A notary public may select one or more tamper-evident technologies to perform notarial acts with respect to electronic records. A person may 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” (WS 140.20[1]).

   2. Standards: “If the department has established standards for approval of technology pursuant to 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]).

4. Notification or Registration: Unlike most states that have enacted the Revised Uniform Law on Notarial Acts, Wisconsin does not require Notaries to first notify the Department of Financial Institutions that they will be performing notarial acts with respect to electronic records. Thus, any Wisconsin Notary Public may perform in-person electronic notarial acts solely under the authority of a Notary Public commission.

Remote Notarial Acts

1. Applicable Law

   1. Revised Uniform Law on Notarial Acts: In 2020, Wisconsin enacted the Revised Uniform Law on Notarial Acts amendments regarding notarizations for remotely located individuals. These provisions are summarized below.

   2. Wisconsin Administrative Code, Chapter DFI-CCS 25: The Department of Financial Institutions adopted rules implementing the Revised Uniform Law on Notarial Acts provisions on notarizations for remotely located individuals. These rules are summarized below.

   3. Guidance: See “Laws, Rules, and Guidelines,” above for guidance that the Department of Financial Institutions has published for remote notarial acts.

2. Remote Notary Council

   1. Creation: “(a) There is created a remote notary council which is attached to the department of financial institutions under [WS] s. 15.03.
      “(b) The council shall be composed of the following members appointed for 3−year terms:
      “1. One member who represents an association of title insurance companies.
      “2. One member who represents attorneys who practice real estate law.
      “3. One member who represents an association of bankers.
      “4. One member who represents the providers of communication technology used to perform a notarial act involving a remotely located individual.
      “5. The secretary of financial institutions or the secretary’s designee” (WS 15.185[8]).

   2. Responsibilities: The remote notary council is tasked with the following responsibilities:
      (a) Adopt standards to implement WS 140.145 (WS 140.145[11][a]).
      (b) Review the statutes related to notarial acts for remotely located individuals and recommend to the legislature any changes in the statutes that the council finds necessary or advisable (WS 140.145[11][c]).
      (c) Approve or deny applications of providers of communication technology (DFI-CCS 25.04[2] and [3]).
      (d) Restrict, limit, suspend, or terminate a provider approval (DFI-CCS 25.04[5]).

3. Technology Systems

   1. Approval of System Providers: Required.

   2. List of Approved Providers: The Department of Financial Institutions maintains a listing of providers whose technology systems have been approved for use by Wisconsin Notaries at https://apps.dfi.wi.gov/apps/NotaryTechProvider/TechProvider.

   3. Approval Requirements: WAC DFI-CCS 25.04(2) contains lengthy requirements for provider approval, and WAC DFI-CCS 25.04(3) provides the procedure for processing approval applications by the Department of Financial Institutions.

   4. Notary Knowledge of System: “A notary public of this state may perform a notarial act for a remotely located individual if all the following apply:
      “(1) The notary public performs the notarial act by utilizing a communication technology provider that has authorized the notary public to utilize its technology and has been approved pursuant to s. DFI-CCS 25.04, or by utilizing an alternative process that has been approved pursuant to s. DFI-CCS 25.05.
      “(2) The notary public has reviewed and understands s. 140.145, Stats., and all guidance published on the department's website regarding the performance of notarial acts for remotely located individuals.
      “(3) The notary public is competent with the technologies and processes to be utilized in performing notarial acts for remotely located individuals” (WAC DFI-CCS 25.03).

   5. Change or Use Multiple Providers: “Can notaries change technology providers, or become authorized to use multiple providers? – Yes. Notaries are free to change technology providers or to utilize more than one approved provider at a time. The notary must, however, complete the onboarding and training process with each approved provider used” (website, “Guidance for Notaries Seeking to Perform Remote Online Notarial Acts” [November 18, 2022]).

   6. Differences Between Approved Providers: “Are there any differences between the approved technology providers? – Yes. While all approved providers must be willing and able to meet the conditions established by the Remote Notary Council and the Department of Financial Institutions, their business models and service offerings vary widely. Some providers are presently geared toward certain sectors or transactions requiring notarizations (such as real estate closings), while others are designed to accommodate a broader array of notarial acts. Some retain recordings on the notary’s behalf for the full seven years, while others may require the notary to download and retain the recordings themselves. The providers also use different fee structures to support their operations, and some providers make their services available only to organizations rather than individual notaries” (GNARLI).

4. Confirmation of the Record: A Notary may perform a notarial act for a remotely located individual if “the notary public is able reasonably to confirm that a record before the notary public is the same record in which the remotely located individual made a statement or on which the individual executed a signature” (WS 140.145[3][b]).

5. Audio-Visual Recording: For the requirement that Notaries create and maintain a recording of each remote notarial act, see “Records of Notarial Acts,” below.

6. Remotely Located Individual Outside the United States: A Notary may perform a notarial act for a remotely located individual outside the United States if all of the following are satisfied:
   (a) The record is to be filed with or relates to a matter before a public official or court, governmental entity, or other entity subject to the jurisdiction of the United States.
   (b) The record involves property located in the territorial jurisdiction of the United States or involves a transaction substantially connected with the United States.
   (c) 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 (WS 140.145[3][d]).

7. Remote Notarial Acts on Estate Planning Documents

   1. Definition: “Estate planning document” means any of the following:
      “1. A will or a codicil.
      “2. A declaration of trust or other document creating a trust as provided in [WS] s. 701.0401 or an amendment to a declaration of trust or other document creating a trust.
      “3. A certification of trust as provided in [WS] s. 701.1013.
      “4. A power of attorney for finances and property.
      “5. A power of attorney for health care.
      “6. A marital property agreement or an amendment to a marital property agreement.
      “7. A written instrument evidencing a nonprobate transfer pursuant to [WS] s. 705.10, 705.15, 705.18, or 766.58 (3) (f).
      “8. A declaration to health care professionals.
      “9. An authorization for final disposition.
      “10. An authorization for use and disclosure of protected health information.
      “11. An instrument of disclaimer under s. 854.13.
      “12. An instrument exercising a power of appointment under [WS] ch. 702” (WS 140.147[1][a]).

   2. Legal Effect: “An estate planning document may not be denied legal effect or enforceability relating to a transaction solely because a notarial act was performed in compliance with this section” (WS 140.147[2][a]).

   3. Procedures for Remote Notarial Act: “For purposes of signing an estate planning document, a remotely located individual may comply with s. 140.06 by appearing before a notary public via 2-way, real-time audiovisual communication technology if all of the following requirements are satisfied:
      “(a) The signing is supervised by an attorney in good standing licensed to practice law in this state. The supervising attorney may serve as the notary public.
      “(b) The remotely located individual attests to being physically located in this state during the 2-way, real-time audiovisual communication.
      “(c) The notary public attests to being physically located in this state during the 2-way, real-time audiovisual communication.
      “(d) The remotely located individual positively confirms the remotely located individual’s identity. If the remotely located individual is not personally known to the notary public and the supervising attorney, the remotely located individual shall provide satisfactory evidence of the remotely located individual’s identity as provided in s. 140.07.
      “(e) The remotely located individual identifies anyone else present in the same physical location as the remotely located individual. If possible, the remotely located individual shall make a visual sweep of the remotely located individual’s physical surroundings so that the notary public and the supervising attorney can confirm the presence of any other persons.
      “(f) The remotely located individual displays the estate planning document, confirms the total number of pages and the page number on which the remotely located individual’s signature is to be affixed, and declares to the notary public and the supervising attorney that the remotely located individual is 18 years of age or older, that the document is the remotely located individual’s estate planning document, and that the document is being executed as a voluntary act.
      “(g) The remotely located individual, or another individual 18 years of age or older authorized to sign on behalf of the remotely located individual at the express direction and in the physical presence of the remotely located individual, signs the estate planning document in a manner that allows the notary public and the supervising attorney to see the signing. If the estate planning document is signed by someone on behalf of the remotely located individual, the signing shall comply with s. 140.09.
      “(h) The audiovisual communication technology used allows communication by which a person is able to see, hear, and communicate in an interactive way with another person in real time using electronic means, except that if the remotely located individual, the notary public, or the supervising attorney has an impairment that affects hearing, sight, or speech, assistive technology or learned skills may be substituted for audio or visual if it allows that person to actively participate in the signing in real time.
      “(i) The estate planning document indicates that it is being executed pursuant to this section” (WS 140.147[3][a]-[i]).

   4. Transmission of Estate Planning Document: One of the following 3 scenarios must apply:
      “1. The remotely located individual, or another person at the direction of the remotely located individual, personally delivers or transmits by U.S. mail or commercial courier service the entire signed original estate planning document to the supervising attorney within a reasonable time after the signing. The supervising attorney then personally delivers or transmits by U.S. mail or commercial courier service the entire signed original estate planning document to the notary public within a reasonable time. The notary public then performs the intended notarial act and forwards the entire original estate planning document by personal delivery or U.S. mail or commercial courier service to the supervising attorney within a reasonable time. “2. The remotely located individual, or another person at the direction of the remotely located individual, personally delivers or transmits by U.S. mail or commercial courier service the entire signed original estate planning document to the supervising attorney within a reasonable time after the signing and transmits by facsimile or electronic means a legible copy of the entire signed estate planning document directly to the notary public within a reasonable time after the signing. The notary public then performs the intended notarial act and personally delivers or transmits by U.S. mail or commercial courier service the entire signed copy of the estate planning document to the supervising attorney within a reasonable time. The signed original and signed copy together shall constitute one original document unless the supervising attorney, within a reasonable time after receiving the signed original and signed copy, compiles the signed original and signed copy into one document by attaching the page or pages containing the notarial act to the original signed by or on behalf of the remotely located individual, in which case the compiled document shall constitute the original. “3. The remotely located individual, or another person at the express direction of the remotely located individual, and the notary public sign identical copies of the original estate planning document. The remotely located individual, or another person at the direction of the remotely located individual, and the notary public personally deliver or transmit by U.S. mail or commercial courier service the signed originals to the supervising attorney within a reasonable time after the signing and performance of the notarial act. All of the originals together shall constitute one document unless the supervising attorney, within a reasonable time after receiving all signed originals, compiles the originals into one document by attaching the page or pages containing the notarial act to the original signed by or on behalf of the remotely located individual, in which case the compiled document shall constitute the original” (WS 140.147[3][j]).