Chapter 140, NOTARIES PUBLIC; NOTARIAL ACTS

140.01 Definitions. In this chapter: (1) “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 sig…

140.02 Notaries. (1) NOTARIES PUBLIC WHO ARE NOT ATTORNEYS. (a) The department shall appoint notaries public who shall be United States residents and at least 18 years of age. Applicants who are not attorneys shall file an application with the department and pay a $20 fee. (b) Th…

140.04 Authority to perform notarial act. 140.04(1)(1) A notarial officer may perform a notarial act authorized by this chapter or by law of this state other than this chapter. 140.04(2)(2) A notarial officer may not perform a notarial act with respect to a record to which the of…

140.05 Requirements for certain notarial acts. (1) 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 ackno…

140.06 Personal appearance required. 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. History: 2019 a. 125.

140.07 Identification of individual. (1) 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 ha…

140.08 Authority to refuse to perform notarial act. (1) A notarial officer may refuse to perform a notarial act if the officer is not satisfied with respect to any of the following: (a) That the individual executing the record is competent or has the capacity to execute the recor…

140.09 Signature if individual unable to sign. 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 (nam…

140.10 Notarial act in this state. (1) A notarial act may be performed within this state by any of the following persons of this state: (a) A notary public of this state. (b) A judge, clerk, or deputy clerk of a court of record. (c) A court commissioner. (d) A register of deeds o…

140.11 Notarial act in another state. (1) A notarial act 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 any of the following: (a) A notary public of…

140.12 Notarial act under authority of federally recognized Indian tribe. (1) A notarial act 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 …

140.13 Notarial act under federal authority. (1) A notarial act 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 any of the following: (a) A judg…

140.14 Foreign notarial act. (1) In this section, “foreign state” means a government other than the United States, a state, or a federally recognized Indian tribe. (2) If a notarial act is performed under authority and in the jurisdiction of a foreign state or constituent unit of…

140.145 Notarial act performed for remotely located individual. (1) In this section: (a) “Communication technology” means an electronic device or process that satisfies all of the following: 1. The device or process allows a notary public and a remotely located individual to comm…

140.147 Notarial act performed for remote execution of estate planning documents.

140.15 Certificate of notarial act. 140.15(1)(1) A notarial act must be evidenced by a certificate. The certificate must satisfy all of the following: 140.15(1)(a)(a) Be executed contemporaneously with the performance of the notarial act. 140.15(1)(b)(b) Be signed and dated by th…

140.16 Short form certificates. The following short form certificates of notarial acts are sufficient for the purposes indicated, if completed with the information required by s. 140.15 (1) and (2): (1) For an acknowledgment in an individual capacity: State of .... County of ....…

140.17 Official stamp. (1m) The official stamp of a notary public must satisfy all of the following criteria: (a) Include the notary public’s name, the words “Notary Public” and “State of Wisconsin,” and other information required by the department. (b) Be capable of being copied…

140.18 Stamping device. (1) (a) 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. (b) On resignation from, or the revocation or expiration of, the notary public’…

140.20 Notification regarding performance of notarial act for remotely located individuals; selection of technology; acceptance of tangible copy of electronic record.

140.24 Database of notaries public. The department shall maintain an electronic database of notaries public to which all of the following apply: (1) A person may verify through the database the authority of a notary public to perform notarial acts. (2) The database indicates whet…

140.26 Validity of notarial acts. Except as otherwise provided in s. 140.04 (2), the failure of a notarial officer to perform a duty or meet a requirement specified in this chapter does not invalidate a notarial act performed by the notarial officer. The validity of a notarial ac…

140.27 Rules; powers of the department. (1) (a) Subject to pars. (b) and (c), the department shall promulgate rules to implement this chapter. These rules shall do all of the following: 1. Establish maximum fees that may be charged by a notary public for performing a notarial act…

140.30 Uniformity of application and construction. In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. History: 2019 a. 125.

140.31 Relation to electronic signatures in global and national commerce act. This chapter modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 USC 7001 to 7031, but does not modify, limit, or supersede section 101 (c) of that act, 15…

140.34 Short title. This chapter may be cited as the Revised Uniform Law on Notarial Acts (2018). History: 2019 a. 125.