Notary Law

Wisconsin - Notary Law

137.01 NOTARIES

137.01 Notaries. (1) NOTARIES PUBLIC WHO ARE NOT ATTORNEYS.
(a) The governor shall appoint notaries public who shall be United States residents and atleast 18 years of age. Applicants who are not attorneys shall file an
application with the secretary of state and pay a $20 fee.
(b) The secretary of state shall satisfy himself or herself that the applicant has the equivalent of an 8th grade education, is familiar with the duties and responsibilities of a notary public and, subject to ss. 111.321, 111.322 and 111.335, does not have an arrest or conviction record.
(c) If an application is rejected the fee shall be returned.
(d) Qualified applicants shall be notified by the secretary of state to take and file the official oath and execute and file an official bond in the sum of $500, with asurety executed by a surety company and approved by the secretary of state.
(e) The qualified applicant shall file his or her signature, post-office addressand an impression of his or her official seal, or imprint of his or her official rubberstamp with the secretary of state.
(f) 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 havefulfilled the requirements of this subsection.
(g) At least 30 days before the expiration of a commission the secretary ofstate shall mail notice of the expiration date to the holder of a commission.
(h)A notary shall be entitled to reappointment.
(2) NOTARIES PUBLIC WHO ARE ATTORNEYS.
(a) Except as provided in par. (am), any United States resident who is licensed to practice law in this state is entitled to a permanent commission as a notary public upon application to the secretary of state and payment of a $50 fee. The application shall include a certificate of good standing from the supreme court, the signature and post-office address of the applicant and an impression of the applicant’s official seal, or imprint of the applicant’s official rubber stamp. (am) If a United States resident has his or her license to practice law in this state suspended or revoked, upon reinstatement of his or her license to practice lawin this state, the person may be entitled to receive a certificate of appointment as anotary public for a term of 4 years. An eligible notary appointed under this paragraph is entitled to reappointment for 4-year increments. At least 30 days before the expiration of a commission under this paragraph the secretary of states hall mail notice of the expiration date to the holder of the commission.
(b) The secretary of state 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.
(c) The supreme court shall file with the secretary of state 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 bedeemed a revocation of said commission.
(3) NOTARIAL SEAL OR STAMP.
(a) Every notary public shall provide an engraved official seal which makes a distinct and legible impression or official rubber stamp which makes a distinct and legible imprint on paper. The impressionof the seal or the imprint of the rubber stamp shall state only the following: “Notary Public,” “State of Wisconsin” and the name of the notary. But any notarial seal inuse on August 1, 1959, shall be considered in compliance.
(b) The impression of the notarial seal upon any instrument or writing or upon wafer, wax or other adhesive substance and affixed to any instrument or writing shall be deemed an affixation of the seal, and the imprint of the notarial rubber stamp upon any instrument or writing shall be deemed an affixation of the rubber stamp.
(4) ATTESTATION.
(a) Every official act of a notary public shall be attested by the notary public’s written signature or electronic signature, as defined in s.137.04(2).
(b) All certificates of acknowledgments of deeds and other conveyances, or any written instrument required or authorized by law to be acknowledged or sworn to before any notary public, within this state, shall be attested by a clear impression of the official seal or imprint of the rubber stamp of said officer, and in addition thereto shall be written or stamped either the day, month and year when the commission of said notary public will expire, or that such commission is permanent.
(c) The official certificate of any notary public, when attested and completed in the manner provided by this subsection, shall be presumptive evidence in all cases, and in all courts of the state, of the facts therein stated, in cases where by law a notary public is authorized to certify such facts.
(5) POWERS.
Notaries public have power to act throughout the state. Notaries public have power to demand acceptance of foreign and inland bills of exchange and payment thereof, and payment of promissory notes, and may protest the same for nonacceptance or nonpayment, may administer oaths, take depositions and acknowledgments of deeds, and perform such other duties as by the law of nations, or according to commercial usage, may be exercised and performed by notaries public.
(5m) CONFIDENTIALITY.
(a) Except as provided in par. (b), a notary publicshall keep confidential all documents and information contained in any documents reviewed by the notary public while performing his or her duties as a notary public and may release the documents or the information to a 3rd person only with the written consent of the person who requested the services of the notary public.
(b) Deposition transcripts may be released to all parties of record in an action. A notary public may not release deposition transcripts that have not been made part of the public record to a 3rd party without the written consent of all parties to the action and the deponent. When a deposition transcript has been made part of the public record, a notary public who is also a court reporter may, subject to a protective order or agreement to the contrary, release the deposition transcript or sell the transcript to 3rd parties without the consent of the person who requested the services of the notary public.
(c) Any notary public violating this subsection shall be subject to the provision of sub. (8) and may be required to forfeit not more than $500.
(6) AUTHENTICATION.
(a) The secretary of state may certify to the official qualifications of any notary public and to the genuineness of the notary public’s signature and seal or rubber stamp.
(c) Any certificate specified under this subsection shall be presumptive evidence of the facts therein stated.
(6m) CHANGE OF RESIDENCE.
A notary public does not vacate his or her office by reason of his or her change of residence within the United States. Written notice of any change of address shall be given to the secretary of state within 10 days of the change.
(7) OFFICIAL RECORDS TO BE FILED.
When any notary public ceases to hold office the notary public, or in case of the notary public’s death the notary public’s executor or administrator, shall deposit the notary public’s official records and papers in the office of the secretary of state. If any such notary or any executor or administrator, after such records and papers come to his or her hands, neglects for 3 months to deposit them, he or she shall forfeit not less than $50 nor more than $500. If any person knowingly destroys, defaces or conceals any records or papers of any notary public, the person shall forfeit not less than $50 nor more than $500, and shall be liable to the party injured for all damages thereby sustained. The secretary of state shall receive and safely keep all such papers and records in their office.
(8) MISCONDUCT.
If any notary public shall be guilty of any misconduct or neglect of duty in office the notary public shall be liable to the party injured for all the damages thereby sustained.
(9) FEES.
A notary public shall be allowed the following fees:
(a) For drawing and copy of protest of the nonpayment of a promissory note or bill of exchange, or of the nonacceptance of such bill, $1 in the cases where by law such protest is necessary, but in no other case.
(b) For drawing and copy of every other protest, 50 cents.
(c) For drawing, copying and serving every notice of nonpayment of a note or bill, or nonacceptance of a bill, 50 cents.
(d) For drawing any affidavit, or other paper or proceeding for which provision is not herein made, 50 cents for each folio, and for copying the same 12cents per folio.
(e) For taking the acknowledgment of deeds, and for other services authorized by law, the same fees as are allowed to other officers for similar services,but the fee per document shall not exceed 50 cents.

2869.01(26) VITAL RECORDS

69.01(26) “Vital Records” means certificates of birth, death, divorce or annulment, marriage documents and data related thereto.

69.24(1)(a) PENALTIES

69.24 Penalties. (1) Any person who does any of the following shall be fined not more than $10,000 or imprisoned for not more than 3 years or both:
(a) Other than as authorized under s. 69.21(2)(d), prepares or issues any paper or film which purports to be, or carries the appearance of, an original or a copy of a vital record, certified or uncertified, except as provided under this subchapter or s. 610.50 and except for any hospital which issues any written announcement of the birth of a person to the parents of the person if the announcement contains plain notice that the announcement is not for official use.

706.07 UNIFORM LAW ON NOTARIAL ACTS

706.07 Uniform law on notarial acts. (1) DEFINITIONS. In this section:
(a) “Acknowledgment” means a declaration by a person that the person has executed an instrument for the purposes stated therein and, if the instrument is executed in a representative capacity, that the person signed the instrument with proper authority and executed it as the act of the person or entity represented and identified therein.
(b) “In a representative capacity” means:
1. For and on behalf of a corporation, partnership, trust, or other entity, as an authorized officer, agent, partner, trustee, or other representative;
2. As a public officer, personal representative, guardian, or other representative, in the capacity recited in the instrument;
3. As an attorney in fact for a principal; or
4. In any other capacity as an authorized representative of another.
(c) “Notarial act” means any act that a notary public of this state is authorized to perform, and includes taking an acknowledgment administering an oath or affirmation, taking a verification upon oath or affirmation, witnessing or attesting a signature, certifying or attesting a copy, and noting a protest of a negotiable instrument.
(d) “Notarial officer” means a notary public or other officer authorized to perform notarial acts.
(e) “Verification upon oath or affirmation” means a declaration that a statement is true made by a person upon oath or affirmation.
(2) NOTARIAL ACTS.
(a) In taking an acknowledgment, the notarial officer must determine, either from personal knowledge or from satisfactory evidence, that the person appearing before the officer and making the acknowledgment is the person whose true signature is on the instrument.
(b) In taking a verification upon oath or affirmation, the notarial officer must determine, either from personal knowledge or from satisfactory evidence, that the person appearing before the officer and making the verification is the person whose true signature is on the statement verified.
(c) In witnessing or attesting a signature, the notarial officer must determine, either from personal knowledge or from satisfactory evidence, that the signature is that of the person appearing before the officer and named therein.
(d) In certifying or attesting a copy of a document or other item, the notarial officer must determine that the proffered copy is a full, true, and accurate transcription or reproduction of that which was copied.
(e) In making or noting a protest of a negotiable instrument, the notarial officer must determine the matters set forth in s. 403.505(2).
(f) A notarial officer has satisfactory evidence that a person is the person whose true signature is on a document if that person:
1. Is personally known to the notarial officer;
2. Is identified upon the oath or affirmation of a credible witness personally known to the notarial officer; or
3. Is identified on the basis of identification documents.
(3) NOTARIAL ACTS IN THIS STATE.
(a) A notarial act may be performed within this state by the following persons of this state:
1. A notary public;
2. A judge, clerk or deputy clerk of a court of record;
3. A court commissioner;
4. A register of deeds or deputy register of deeds;
5. A municipal judge; or
6. A county clerk or deputy county clerk. (b )Notarial acts performed within this state under federal authority asprovided in sub. (5) have the same effect as if performed by a notarial officer of thisstate.(c) The signature and title of a person performing a notarial act are primafacie evidence that the signature is genuine and that the person holds the designatedtitle.(4)NOTARIAL ACTS IN OTHER JURISDICTIONS OF THE UNITEDSTATES. (a) A notarial act has the same effect under the law of this state as ifperformed by a notarial officer of this state, if performed in another state,commonwealth, territory, district, or possession of the United States by any of thefollowing persons: -------------------------------------------------------------------------------- Page 30 301. A notary public of that jurisdiction;2. A judge, clerk, or deputy clerk of a court of that jurisdiction; or3. Any other person authorized by the law of that jurisdiction to performnotarial acts.(b)Notarial acts performed in other jurisdictions of the United States underfederal authority as provided in sub. (5) have the same effect as if performed by anotarial officer of this state.(c) The signature and title of a person performing a notarial act are primafacie evidence that the signature is genuine and that the person holds the designatedtitle.(d)the signature and indicated title of an officer listed in par. (a) 1. or 2.conclusively establish the authority of a holder of that title toperform a notarial act.(5)NOTARIAL ACTS UNDER FEDERAL AUTHORITY. (a) A notarial act hasthe same effect under the law of this state as if performed by a notarial officer of thisstate if performed anywhere by any of the following persons under authority grantedby the law of the United States:1. A judge, clerk, or deputy clerk of a court;2. A commissioned officer on active duty in the military service of theUnited States;3. An officer of the foreign service or consular officer of the United States; or4. Any other person authorized by federal law to perform notarial acts.(b)The signature and title of a person performing a notarial act are primafacie evidence that the signature is genuine and that the person holds the designatedtitle.(c) The signature and indicated title of an officer listed in par. (a) 1., 2. or 3.conclusively establish the authority of a holder of that title to perform a notarial act.(6)FOREIGN NOTARIAL ACTS. (a) A notarial act has the same effect underthe law of this state as if performed by a notarial officer of this state if performedwithin the jurisdiction of and under authority of a foreign nation or its constituentunits or a multinational or international organization by any of the followingpersons:1. A notary public or notary;2. A judge, clerk or deputy clerk of a court of record; or3. Any other person authorized by the law of that jurisdiction to performnotarial acts.(b)An “apostille” in the form prescribed by the Hague convention ofOctober 5, 1961, conclusively establishes that the signature of the notarial officer isgenuine and that the officer holds the indicated office.(c) A certificate by a foreign service or consular officer of the United Statesstationed in the nation under the jurisdiction of which the notarial act wasperformed, or a certificate by a foreign service or consular officer of that nation -------------------------------------------------------------------------------- Page 31 31stationed in the United States, conclusively establishes any matter relating to theauthenticity or validity of the notarial act set forth in the certificate.(d)An official stamp or seal of the person performing the notarial act is primafacie evidence that the signature is genuine and that the person holds the indicatedtitle.(e) An official stamp or seal of an officer listed in par. (a) 1. or 2. is primafacie evidence that a person with the indicated title has authority to perform notarialacts.(f) If the title of office and indication of authority to perform notarial actsappears either in a digest of foreign law or in a list customarily used as a source forthat information, the authority of an officer with that title to perform notarial acts isconclusively established.(7)CERTIFICATE OF NOTARIAL ACTS. (a) A notarial act must be evidencedby a certificate signed and dated by a notarial officer. The certificate must includeidentification of the jurisdiction in which the notarial act is performed and the titleof the office of the notarial officer and may include the official stamp or seal ofoffice. If the officer is a notary public, the certificate must also indicate the date ofexpiration, if any, of the commission of office, but omission of that information maysubsequently be corrected. If the officer is a commissioned officer on active duty inthe military service of the United States, it must also include the officer’s rank.(b)A certificate of a notarial act is sufficient if it meets the requirements ofpar. (a) and it:1. Is in the short form set forth in sub. (8);2. Is in a form otherwise prescribed by the law of this state;3. Is in a form prescribed by the laws or regulations applicable in the placein which the notarial act was performed; or4. Sets forth the actions of the notarial officer and those are sufficient tomeet the requirements of the designated notarial act.(c) By executing a certificate of a notarial act, the notarial officer certifies thatthe officer has made the determination required by sub. (2).(8)SHORT FORMS. The following short form certificates of notarial acts aresufficient for the purposes indicated, if completed with the information required bysub. (7)(a):(a) For an acknowledgment in an individual capacity:State of....County of....This instrument was acknowledged before me on (date) by (name(s) ofperson(s)). -------------------------------------------------------------------------------- Page 32 32....(Signature of notarial officer)(Seal, if any)....Title (and Rank) [My commission expires:....](b)For an acknowledgment in a representative capacity:State of....County of....This instrument was acknowledged before me on (date) by (name(s) ofperson(s) as (type of authority, e.g., officer, trustee, etc.) of (name of party on behalfof whom instrument was executed).....(Signature of notarial officer)(Seal, if any)....Title (and Rank) [My commission expires:....](c) For a verification upon oath or affirmation:State of....County of....Signed and sworn to (or affirmed) before me on (date) by (name(s) ofperson(s) making statement).....(Signature of notarial officer)(Seal, if any)....Title (and Rank) [My commission expires:....](d)For witnessing or attesting a signature:State of....County of....Signed or attested before me on (date) by (name(s) of person(s)).....(Signature of notarial officer)(Seal, if any)....Title (and Rank) [My commission expires:....] -------------------------------------------------------------------------------- Page 33 33(e) For attestation of a copy of a document:State of....County of....I certify that this is a true and correct copy of a document in the possessionof....Dated:........(Signature of notarial officer)(Seal, if any)....Title (and Rank) [My commission expires:....] -------------------------------------------------------------------------------- Page 34 FOR FURTHER INFORMATION CONSULT:1) The Office of the Secretary of State of the State of Wisconsin is located at 30West Mifflin Street, 10th floor, Madison, WI 53702.Telephones: for general notary information: (608)266-5594; for authenticationor apostille information: (608)266-5503.Mailing address: P.O. Box 7848, Madison, WI 53707-7848.Website: wisconsin.gov (see the agency index)The Office of the Secretary of State processes applications for Wisconsin Notarycommissions, issues authentications and apostilles, and maintains records regardingWisconsin Notaries Public.2) The American Society of Notaries, P.O. Box 5707, Tallahassee, FL 32314-5707.Telephone: (800)522-3392Fax: (850)671-5165Website: www.notaries.orgEmail: mail@notaries.orgThis society describes itself as "a nonprofit, tax exempt educational organizationformed in 1965 to improve notarial practices and to uphold high standards fornotaries".3) The National Notary Association, 9350 De Soto Ave., P. O. Box 2402Chatsworth, CA 91313-2402Fax: (800)833-1211Telephones: (800)876-6827Website: www.nationalnotary.orgEmail: services@nationalnotary.orgThis association describes itself as "a non-profit educational organization, to impartknowledge, understanding and unity among all Notaries Public".4)United States Notary Association, 14 Wood Street, Pittsburgh, Pa 15222Telephone: (800)587-2588Fax: (800) 707-7075Website: www.enotary.orgE-mail: usna@enotary.orgThis society describes itself as “a membership organization dedicated to the professionaldevelopment of notaries public in all 50 states and the District of Columbia.” -------------------------------------------------------------------------------- Page 35 35NOTESName on notary seal:Address on file with the Office of the Secretary of State:Expiration date:Bonding company:Sample of seal/stamp on file with the Office of the Secretary of State:(Note that the seal/stamp on file is the ONLY seal/stamp that may be used whenperforming notarial acts. See pages 17 and 18 for more information.)