Wyoming - U.S. Notary Reference

Last Update: Janaury 9, 2024

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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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

1. Address: Office of Secretary of State
   Notary Division
   Herschler Building
   East 122 W 25th St
   Suites 100 and 101
   Cheyenne, WY 82002-0020

2. Phone: 307-777-5335

3. Website: https://sos.wyo.gov/Services/Notaries.aspx

Laws, Rules and Guidelines

1. Laws: Most Notary statutes are in the Wyoming Statutes Title 32, Chapter 1 (“Notaries Public”).

2. Rules: Regulations for Notaries are in the Code of Wyoming Rules (CWR) Agency 002 Secretary of State, Program 0012 Notary Rules, Chapter 6).

3. Guidelines: Other guidelines for Notaries may be found on the Secretary of State’s website.

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Commission Process

1. 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]).

2. 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).

3. 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.

4. 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.

5. Background Screening: Not required.

6. 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]).

7. 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]).

8. 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]).

9. 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

1. 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]).

2. 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]).

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Jurisdiction

1. 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]).

2. 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

1. 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]).

2. 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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Authorized Acts

1. 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]).

2. 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

1. 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]).

2. 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

1. 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]).

2. 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)

1. 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]).

2. 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

1. 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]).

2. 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

1. 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]).

2. 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

1. 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]).

2. 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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Personal Appearance

1. 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]).

2. 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.”

3. 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

1. 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]).

2. 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

1. 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]).

2. 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

1. 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]).

2. 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

1. 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]).

2. 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]).

3. 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

1. Deceptive Advertising: “A notary public shall not engage in false or deceptive advertising” (WS 32-3-123[c]).

2. 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]).

3. 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

1. 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.

2. Technology Systems

   1. Approval of System Providers: Not required.

   2. List of System Providers: Not provided.

Remote Notarial Acts

1. 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.

2. 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]).

3. 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]).

4. 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

1. 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]).

2. 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.

3. 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]).

4. 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)

1. 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]).

2. 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]).

3. 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]).

4. 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]).

5. 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 Requirements

1. General Requirement: “A notarial act shall be evidenced by a certificate” (WS 32-3-114[a]).

2. 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.

Remote Notarial Certificate

1. Indication of Remote Act: “A certificate of a remote ink notarization or remote online notarization shall include the information specified in this chapter, indicate that the notarial act was performed using an electronic notarization system or other form of communication technology and include any other information required by rule of the secretary of state” (WS 32-3-114[d]).

2. Electronic Official Stamp: “The certificate shall … [c]ontain the … electronic image on an electronic record, of the notary public’s official stamp” (WS 32-3-114[a][vii]).

3. Security of Certificate: “The certificate for a notarial act on an electronic record shall be attached to or logically associated with the record” (WS 32-3-114[c]).

4. Name of System: “For all remote notarizations, the notarial certificate shall include the name of the electronic notarization system or other form of communication technology used to perform the notarial act” (CWR 002.0012.6 Section 4[a]).

5. Other Requirements Apply: For all other requirements for a certificate of a remote notarial act, see “Certificate of Notarial Act,” above.

Sufficiency of Certificate

“A certificate of a notarial act is sufficient if it meets the requirements of subsections (a) and (b) and, if applicable, (c) and (d) of [WS 32-3-114], and:
“(i) Is in a short form set forth in W.S. 32-3-115;
“(ii) Is in a form otherwise permitted by the law of this state;
“(iii) Is in a form permitted by the law applicable in the jurisdiction in which the notarial act was performed; or
“(iv) Sets forth the actions of the notarial officer and the actions are sufficient to meet the requirements of the notarial act as provided in this act or law of this state” (WS 32-3-114[e]).

Security of Certificate

1. Tangible Record: “The certificate for a notarial act on a tangible record shall be part of or securely affixed to the record” (WS 32-3-114[b]).

2. Electronic Record: “The certificate for a notarial act on an electronic record shall be attached to or logically associated with the record” (WS 32-3-114[c]).

Executing a Certificate

1. Certifications of Notarial Act: “By executing a certificate of a notarial act, a notarial officer certifies that the officer has complied with the requirements and made the determinations specified in this act” (WS 32-3-114[f]).

2. Complete Certificate: “A notarial officer shall not … [a]ffix the notarial officer’s official signature or stamp to any record that does not contain the officer’s completed notarial certificate” (WS 32-3-123[a][v]).

Correcting a Certificate

“A notarial officer may subsequently correct any information included on or omitted from a certificate executed by that officer if the change or correction can be evidenced by the information contained in the officer’s journal record, if applicable, of the transaction” (WS 32-3-114[h]).

“Any changes or corrections shall be dated and initialed by the notarial officer and a corresponding notation of the changes shall be made in the journal record, if applicable. Only the officer who performed the notarization may make or authorize a change or correction to a previously completed certificate” (WS 32-3-114[h]).

Third-Party Corrections: If an officer authorizes a third party to change or correct the information included or omitted on a previously completed certificate, the authorization shall be granted in writing and a copy of the message authorizing the change and a copy of the changed certificate shall be attached to the officer’s journal record, if applicable, for that transaction” (WS 32-3-114[k]).

False Certificate

A notarial officer shall not … [e]xecute a certificate containing information known or believed by the notarial officer to be false” A notarial officer shall not … [

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Definitions

1. “‘Official stamp or seal' means a physical image affixed to a tangible record, or an electronic image attached to or logically associated with an electronic record, containing information required by this act” (WS 32-3-102[a][xxii]).

2. “'Stamping device' means:
   “(A) A physical device capable of affixing to a tangible record an official stamp; or
   “(B) An electronic device or process capable of attaching an official stamp to, or logically associating an official stamp with, an electronic record” (WS 32-3-102[a][xxxvi]).

Official Stamp Requirement

1. Notarial Acts: Required.
   “The certificate shall … [c]ontain the impression on a tangible record … of the notary public’s official stamp” (WS 32-3-114[a][vii]).

2. In-Person Remote Notarial Acts: Required.
   “The certificate shall … [c]ontain the … electronic image on an electronic record … of the notary public’s official stamp” (WS 32-3-114[a][vii]).

3. Remote Notarial Acts: Required (WS 32-3-114[a][vii]).

4. Electronic Real Property Records: Not required.
   “A physical or electronic image of a stamp, impression or seal need not accompany an electronic signature” (WS 34-1-403[c]).

Official Stamp or Seal Format

1. Notarial Acts

   1. Inked Stamp: The new law effective July 1, 2021, removes the former statute’s reference to the seal being embossed on the document.

   2. Shape/Size: Rectangular: Approximately more than 1 inch wide by 2½ inches long (WS 32-3-116[a][ii][A]).

   3. Border: The seal must have a border outline surrounding the required components (WS 32-3-116[a][ii][C]).

   4. Components (for a commission filed on or after July 1, 2021):

      1. Name of Notary;

      2. “Notary Public”;

      3. “State of Wyoming”;

      4. Notary’s commission identification number;

      5. “My commission expires” followed by the date of expiration of the Notary’s commission.

   5. Ink Color: The official stamp or seal must be in blue or black ink and be capable of being copied together with the record to which it is affixed or attached, or with which it is logically associated (WS 32-3-116[a][ii][E]).

   6. Great Seal: “For a new notary public commission, or upon renewal, filed on or after July 1, 2021 … [t]he official stamp of a notary public, whether the impression is on a tangible or electronic record, shall … [n]ot include images of the great seal of the state of Wyoming or any other image or content other than as prescribed in this section” (WS 32-3-116[a][ii][J]).

   7. Components (for a commission filed before July 1, 2021)¹:

      1. Name of Notary;

      2. “Notary Public”;

      3. Name of county* wherein Notary resides;

      4. “Wyoming”;

      5. OPTIONAL: commission expiration date.
         ¹ During the term of a Notary’s commission issued before July 1, 2021 (for 4 years thereafter), officials from the Secretary of State’s office have told the NNA that the Notary must obtain a seal with the elements required under the prior law.

2. In-Person Electronic Notarial Acts: WS (WS 32-3-102(a((xxii) and 32-3-114(a)(vii) indicate that the official stamp on an electronic record must be an “electronic image” of the official stamp.
   “The official stamp of a notary public … shall … [if] it is an electronic image, be in the same format, color, content and approximate size as the tangible official stamp and be capable of being copied together with the record to which the official stamp is affixed or attached or with which the official stamp is logically associated” (WS 32-3-116[a][ii][F]).

3. Remote Notarial Acts: The format of an official stamp on a paper remote notarial act must conform to the requirements for an official stamp on a notarial act and the official stamp on an electronic remote notarial act must conform to the requirements for an official stamp on a notarial act on an electronic record.

Examples

The below typical, actual-size examples of official Notary stamping devices and electronic Notary seals which are allowed by Wyoming law for commissions filed after July 1, 2021. Formats other than these may also be permitted.

Open

Open

The following are actual-size examples of official seals and electronic seals for commissions filed before July 1, 2021.

Corrections to Seal

“For a new notary public commission, or upon renewal, filed on or after July 1, 2021 … [t]he official stamp of a notary public, whether the impression is on a tangible or electronic record, shall … [c]contain the above required content and this information shall not be included, corrected or amended on the stamp through written, typed or any other means” (WS 32-3-116[a][ii][H]).

Ownership of Stamping Device

“A notary public is the sole owner of the notary public’s stamping device” (WS 32-3-117[a]).

Lost or Stolen Seal

“If a notary public’s stamping device is lost or stolen, the notary public or the notary public’s personal representative or guardian shall promptly notify the secretary of state in a manner set forth by the secretary of state upon discovering that the device is lost or stolen” (WS 32-3-117[b]).

Security of Stamping Device

“A notary public is … responsible for the security of the notary public’s stamping device and may not allow another individual to use the device to perform a notarial act” (WS 32-3-117[a]).

Destruction, Defacement of Stamping Device

“On resignation from, or the revocation or expiration of, the notary public’s commission, or on the expiration of the date set forth in the stamping device, the notary public shall disable the stamping device by destroying, defacing, damaging, erasing or securing it against use in a manner that renders it unusable” (WS 32-3-117[a]).

Death or Incompetency of Notary: “On the death or adjudication of incompetency of a notary public, the notary public’s personal representative or guardian or any other person knowingly in possession of the stamping device shall render it unusable by destroying, defacing, damaging, erasing or securing it against use in a manner that renders it unusable” (WS 32-3-117[a]).

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Records Requirement

1. Journal

   1. Notarial Acts: Required.
      “A notary public shall maintain one (1) or more journals in which the notary public chronicles all notarial acts that the notary public performs” (WS 32-3-118[d]).

   2. In-Person Electronic Notarial Acts: Required (WS 32-3-118[d]).

   3. Remote Notarial Acts: Required (WS 32-3-118[d]).

2. Recording of Remote Notarial Acts: Required.
   “If a notarial act is performed using an electronic notarization system or other form of communication technology, the notarial officer shall make an audiovisual recording of the entire communication” (WS 32-3-118[a]).

Journal Format

Tangible or Electronic: “A journal may be created on a tangible medium or in an electronic format to chronicle all notarial acts, whether those notarial acts are performed regarding tangible or electronic records” (WS 32-3-118[e]).

Journal Entries

“Nothing in these statutes or rules shall prevent a person, as defined in W.S. § 323-102(a)(xxiv), from implementing additional … journal content requirements” (CWR 002.0012.6 Section 3[b]).

Security of Journal

“A notary public is responsible for the security of the notary public’s journal. A notary public shall keep the journal and all other notarial records in a secure area under the sole control of the officer and surrender or destroy them only as authorized by statute, rule, court order or at the direction of the secretary of state” (WS 32-3-118[f]).

Exclusive Use of Journal

“A notary public shall not allow the notary public’s journal to be used by any other notarial officer and shall not surrender the journal to an employer upon termination of employment without the approval of the secretary of state” (WS 32-3-188[g]).

Inspection and Copying of Journal, Recordings

1. Employers: “An employer may retain a copy of the journal of an employee who is a notary public after the officer’s employment ceases if the journal contains records of notarial acts performed within the scope of the officer’s employment” (WS 32-3-118[g]).

2. Law Enforcement, Courts, Secretary of State: “A journal may be examined and copied by a law enforcement officer in the course of an official investigation, if subpoenaed by court order or at the direction of the secretary of state” (WS 32-3-118[h]).
   “An audiovisual recording may be examined and copied by a law enforcement officer in the course of an official investigation, subpoenaed by court order or surrendered at the direction of the secretary of state” (WS 32-3-118[c]).

Lost or Stolen Journal

“A notary public shall promptly notify the secretary of state, in a manner required by the secretary of state, upon discovering that the notary public’s journal is lost or stolen” (WS 32-3-118[j]).

“Upon discovering that the notary public’s journal is lost or stolen under W.S. §323-118(j), the notary public shall promptly notify the Secretary of State by sending an email to notaries@wyo.gov. If a notary public does not have access to email, they shall send a letter to the Compliance Division of the Wyoming Secretary of State at 122 West 25th Street, Suite 100, Cheyenne, WY, 82002-0020” (CWR 002.0012.6 Section 3[a]).

Retention Requirements

“Nothing in these statutes or rules shall prevent a person, as defined in W.S. § 323-102(a)(xxiv), from implementing additional retention … requirements” (CWR 002.0012.6 Section 3[b]).

“Nothing in these statutes or rules shall prevent a person, as defined in W.S. § 323-102(a)(xxiv), from implementing additional retention requirements for the audio/visual recording of the notarial act” (CWR 002.0012.6 Section 4[c]).

Disposition of Journal, Recordings

Death or Incompetency of Notary: “On the death or adjudication of incompetency of a current or former notary public, the notary public’s personal representative or guardian or any other person knowingly in possession of the notary public’s journal or audiovisual recordings may transmit all journals and recordings to the secretary of state” (WS 32-3-118[k]).

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Maximum Fees

“For performing a notarial act, a notarial officer may charge the maximum fee specified in [WS 32-3-126], charge less than the maximum fee or waive the fees” (WS 32-3-126[a]).

The maximum fees that may be charged for a notarial act are (WS 32-3-126[b]):

1. $10 per notarial act, or

2. $10.00 per acknowledgement, signature, oath or affirmation, certification or note of protest if more than 1 person appears before a notarial officer to complete a notarial act on a single record.

Travel Fee

“A travel fee when traveling to perform a notarial act provided that:
“(A) A fee charged for travel must be equal to or less than the standard mileage rates allowed by the United States Internal Revenue Service;
“(B) The notarial officer and the person requesting the notarial act agree upon the travel fee in advance of the travel; and
“(C) The notarial officer explains to the person requesting the notarial act that the travel fee is both separate from the notarial fee, if any, and neither specified nor mandated by law” (WS 32-3-126[b][iv]).

“Pursuant to W.S. § 32-3-126(d)(iii), a notary does not have to refund travel fees that were paid prior to performing a notarial act in the following circumstances:
“(i) Any reason that gives the notarial officer the authority to refuse to perform a notarial act under W.S. § 32-3-112; or
“(ii) If the principal cancels the notarial act with less than a 24-hour notice” (CWR 002.0012.6 Section 6[a]).

“A notary shall refund the travel fee if the notarial officer cancels and does not compete (sic) the notarial act” (CWR 002.0012.6 Section 6[a]).

Technology Fee

“A technology fee associated with utilizing an electronic notarization system or other form of communication technology if:
“(A) The notarial officer and the person requesting the notarial act agree upon the total fee in advance of the notarial act; and
“(B) The notarial officer explains to the person requesting the notarial act that the technology fee is both separate from the notarial fee, if any, and neither specified nor mandated by law” (WS 32-3-126[b][iii]).

Payment Prior to Act

“A notarial officer may require payment of any fees specified in this section prior to performance of a notarial act” (WS 32-3-126[c]).

Nonrefundable Fees

“Any fees paid to a notarial officer prior to performance of a notarial act are nonrefundable, at the discretion of the notarial officer, if:
“(i) The act was completed;
“(ii) In the case of technology fees paid in compliance with this section, the act was not completed due to the principal failing to pass knowledge based authentication or identity proofing that may be required by an electronic notarization system or other form of communication technology, whether due to fraud or innocent reasons; or
“(iii) In the case of travel fees paid in compliance with this section, the act was not completed for reasons determined valid in rules adopted by the secretary of state” (WS 32-3-126[d]).

Employee Notary

“An employer may prohibit an employee who is a notarial officer from charging for notarial acts performed as part of the employee’s employment” (WS 32-3-126[e]).

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Notary Signing Agents

Currently, there are no statutes, regulations or rules expressly governing, prohibiting or restricting the operation of Notary Signing Agents within the state of Wyoming.

Recording Requirements

1. Acknowledgment: “Execution of deeds, mortgages or other conveyances of lands, or any interest in lands, shall be acknowledged by the party or parties executing same, before any notarial officer. The notarial officer taking such acknowledgment shall comply with the requirements of W.S. 32-3-109” (WS 34-1-113).
   “A certificate of the acknowledgment of any deed, mortgage or conveyance, or proof of the execution thereof, before a notarial officer, shall entitle such deed, mortgage or conveyance, certificate or certificates aforesaid, to be recorded in the office of the county clerk in the county where the land lies” (WS 34-1-118).

2. Original Signatures, Certified Copies: “The county clerk of each county within this state shall receive and record at length all deeds, mortgages, conveyances, patents, certificates and instruments left with him for that purpose, and he shall endorse on every such instrument the day and hour on which it was filed for record. The county clerk shall not record any document until the address of the grantee, mortgagee or assignee of the mortgagee is furnished to the county clerk, but this requirement shall not affect the validity of the recording of any instrument. Only instruments which are the original signed documents, including electronic documents recorded pursuant to the Uniform Real Property Electronic Recording Act, W.S. 34-1-401 through 34-1-407, or properly certified or authenticated copies thereof may be properly recorded. A document is properly certified if in compliance with Rule 902 of the Wyoming Rules of Evidence or other applicable rule or statute” (WS 34-1-119[a]).

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Notarial Acts in Wyoming

“(a) A notarial act may be performed in this state by:
”(i) A notary public of this state;
”(ii) A judge, clerk or deputy clerk of a court of this state;
”(iii) A district court commissioner;
”(iv) A full-time magistrate as authorized by W.S. 5-9-208;
”(v) A part-time magistrate as authorized by W.S. 5-9-212; or
”(vi) Any other person authorized to perform the specific act by the laws of this state.
”(b) The signature and title of an individual performing a notarial act in this state are prima facie evidence that the signature is genuine and that the individual holds the designated title.”
“(c) The signature and title of a notarial officer described in paragraphs (a)(i) through (v) of this section conclusively establish the authority of the officer to perform the notarial act.” (WS 32-3-105).

Notarial Acts in U.S. State or Jurisdiction

“(a) A notarial act, including the acknowledgment of any deed, mortgage or conveyance, performed in another state has the same effect under the law of this state as if performed by a notarial officer of this state, if the act performed in that state is performed by:
”(i) A notary public of that state;
”(ii) A judge, clerk or deputy clerk of a court of that state; or
”(iii) Any other individual authorized by the law of that state to perform the notarial act.”(b) Notarial acts performed in other jurisdictions of the United States under federal authority as provided in W.S. 32-3-108 have the same effect as if performed by a notarial officer of this state.
”(c) The signature and title of an individual performing a notarial act in another state are prima facie evidence that the signature is genuine and that the individual holds the designated title.
”(d) The signature and title of a notarial officer described in paragraph (a)(i) or (ii) of this section conclusively establish the authority of the officer to perform the notarial act” (WS 32-3-106).

Notarial Acts Under Authority of Federally Recognized Indian Tribe

“(a) A notarial act, including the acknowledgment of any deed, mortgage or conveyance, performed under the authority and in the jurisdiction of a federally recognized Indian tribe has the same effect as if performed by a notarial officer of this state, if the act performed in the jurisdiction of the tribe is performed by:
”(i) A notary public of the tribe;
”(ii) A judge, clerk or deputy clerk of a court of the tribe; or
”(iii) Any other individual authorized by the law of the tribe to perform the notarial act.
”(b) The signature and title of an individual performing a notarial act under the authority of and in the jurisdiction of a federally recognized Indian tribe are prima facie evidence that the signature is genuine and that the individual holds the designated title.
”(c) The signature and title of a notarial officer described in paragraph (a)(i) or (ii) of this section conclusively establish the authority of the officer to perform the notarial act” (WS 32-3-107).

Notarial Acts Under Federal Law

“(a) A notarial act, including the acknowledgment of any deed, mortgage or conveyance, performed under federal law has the same effect under the law of this state as if performed by a notarial officer of this state, if the act performed under federal law is performed by:
”(i) A judge, clerk or deputy clerk of a court;
”(ii) An individual in military service or performing duties under the authority of military service who is authorized to perform notarial acts under federal law;
“(iii) An individual designated a notarizing officer by the United States Department of State for performing notarial acts overseas; or
”(iv) Any other individual authorized by federal law to perform the notarial act.
”(b) The signature and title of an individual acting under federal authority and performing a notarial act are prima facie evidence that the signature is genuine and that the individual holds the designated title.
”(c) The signature and title of an officer described in paragraphs (a)(i) through (iii) of this section conclusively establish the authority of the officer to perform the notarial act” (WS 32-3-108).

Notarial Acts in Foreign State

“(a) If a notarial act is performed under authority and in the jurisdiction of a foreign state or constituent unit of the foreign state or is performed under the authority of a multinational or international governmental organization, the act has the same effect under the law of this state as if performed by a notarial officer of this state.
”(b) If the title of office and indication of authority to perform notarial acts in a foreign state appears in a digest of foreign law or in a list customarily used as a source for that information, the authority of an officer with that title to perform notarial acts is conclusively established.
”(c) The signature and official stamp of an individual holding an office described in subsection (b) of this section are prima facie evidence that the signature is genuine and the individual holds the designated title
”(d) An apostille in the form prescribed by the Hague Convention of October 5, 1961, and issued by a foreign state party to the Convention conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office.
”(e) A consular authentication issued by an individual designated by the United States Department of State as a notarizing officer for performing notarial acts overseas and attached to the record with respect to which the notarial act is performed conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office” (WS 32-3-109).

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County Clerks

Authenticating certificates for a Wyoming Notary may be locally issued by the office of the county clerk where the Notary has filed an oath and bond. The fee for such certification is $5 (WS 18-3-402[a]).

Secretary of State

Authenticating certificates for Notaries, including apostilles, are issued by the Wyoming Secretary of State’s office, as are authenticating certificates for county clerks.

1. Fees: $20 per document, not to exceed $100 per the same transaction or occurrence (WS 32-3-110[2]). Fees may be paid by cash, cashier’s check, check, money order or PAD account. Checks and money orders should be made payable to “Wyoming Secretary of State.”

2. Address:
   Office of Secretary of State
   Herschler Building
   East 122 W 25th St
   Suites 100 and 101
   Cheyenne, WY 82002-0020

3. Phone: 1-307-777-5348

4. Procedure: Mail or present in person the original notarized document(s), along with the fee. All signatures must be original. The country of destination must be specified. Indicate a return address and a daytime telephone number, in case there are questions. Include an addressed, stamped return envelope, a prepaid air bill, or a pick-up date and time. A “Wyoming Authentication Request” form is available on the Secretary of State’s website. In-person requests are processed by appointment only. Appointments may be scheduled by calling 307.777-7370 or emailing Apostiles@wy.gov.

5. Prohibitions: “The secretary of state shall not issue a certificate of authentication on:
   “(i) A record that is not properly notarized in accordance with the requirements of this act; or
   “(ii) A record:
   “(A) Regarding allegiance to a government or jurisdiction;
   “(B) Relating to the relinquishment or renunciation of citizenship, sovereignty, in itinere status or world service authority; or
   ”(C) Setting forth or implying for the bearer a claim of immunity from the law of this state or federal law” (WS 32-3-110).

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