Wisconsin Legislature: AB293-ASA1,26,17

AB293-ASA1,23,1110 2. The act of making the statement or signing the record is not prohibited by
11the foreign state in which the remotely located individual is located.

AB293-ASA1,23,14 12(4) If a notarial act is performed under this section, the certificate of notarial
13act required by s. 140.15 and the short form certificate provided in s. 140.16 must
14indicate that the notarial act was performed using communication technology.

AB293-ASA1,23,16 15(5) A short form certificate provided in s. 140.16 for a notarial act subject to this
16section is sufficient if any of the following applies:

AB293-ASA1,23,1717 (a) The certificate complies with rules promulgated under sub. (8) (a).

AB293-ASA1,23,2018 (b) The certificate is in the form provided in s. 140.16 and contains a statement
19substantially as follows: “This notarial act involved the use of communication
20technology.”

AB293-ASA1,24,2 21(6) A notary public, a guardian, conservator, or agent of a notary public, or a
22personal representative of a deceased notary public shall retain the audio-visual
23recording created under sub. (3) (c) or cause the recording to be retained by a
24repository designated by or on behalf of the person required to retain the recording.

1Unless a different period is required by rule promulgated under sub. (8) (d), the
2recording must be retained for a period of at least 7 years after the recording is made.

AB293-ASA1,24,9 3(7) Before a notary public performs the notary public's initial notarial act under
4this section, the notary public must notify the department that the notary public will
5be performing notarial acts with respect to remotely located individuals and identify
6the technologies the notary public intends to use. If the department has established
7standards under sub. (8) and s. 140.27 for approval of communication technology or
8identity proofing, the communication technology and identity proofing must conform
9to the standards.

AB293-ASA1,24,12 10(8) In addition to promulgating rules under s. 140.27, the department shall
11promulgate rules under this section regarding performance of a notarial act. The
12rules may do any of the following:

AB293-ASA1,24,1413 (a) Prescribe the means of performing a notarial act involving a remotely
14located individual using communication technology.

AB293-ASA1,24,1515 (b) Establish standards for communication technology and identity proofing.

AB293-ASA1,24,1716 (c) Establish requirements, including registration, or procedures to approve
17providers of communication technology and the process of identity proofing.

AB293-ASA1,24,1918 (d) Establish standards and a period for the retention of an audio-visual
19recording created under sub. (3) (c).

AB293-ASA1,24,2120 (e) Establish any other requirement, not inconsistent with this chapter,
21relating to the performance of a notarial act for a remotely located individual.

AB293-ASA1,24,24 22(9) Before promulgating, amending, or repealing a rule governing performance
23of a notarial act with respect to a remotely located individual, the department must
24consider all of the following:

AB293-ASA1,25,4

1(a) The most recent standards regarding the performance of a notarial act with
2respect to a remotely located individual promulgated by national standard-setting
3organizations and the recommendations of the National Association of Secretaries
4of State or any successor organization.

AB293-ASA1,25,65 (b) Standards, practices, and customs of other jurisdictions that have laws
6substantially similar to this section.

AB293-ASA1,25,87 (c) The views of governmental officials and entities and other interested
8persons.

AB293-ASA1,25,10 9(10) This section does not apply to a transaction to the extent it is governed by
10any of the following:

AB293-ASA1,25,1211 (a) Any law governing the creation and execution of wills, codicils, or
12testamentary trusts.

AB293-ASA1,25,1513 (b) Any law governing the creation and execution of living trusts or trust
14amendments for personal use, not including a transaction, as defined in s. 137.11
15(15).

AB293-ASA1,25,1716 (c) Any law governing the creation and execution of powers of attorney, not
17including a transaction, as defined in s. 137.11 (15).

AB293-ASA1,25,1918 (d) Any law governing the creation and execution of marital property
19agreements.

AB293-ASA1,25,2220 (e) Any law governing the creation and execution of powers of attorney for
21health care, declarations to physicians (living wills), and authorizations for use and
22disclosure of protected health care information.

AB293-ASA1,25,25 23(11) (a) The remote notary council shall adopt standards to implement this
24section. The department shall promulgate by rule the standards adopted, amended,
25or repealed by the council under this paragraph.

AB293-ASA1,26,7

1(b) To keep the standards and practices of notaries public in this state in
2harmony with the standards and practices of notaries public in other jurisdictions
3that enact substantially this section and to keep the technology used by notaries
4public in this state compatible with technology used by notaries public in other
5jurisdictions that enact substantially this section, the remote notary council, so far
6as is consistent with the purposes, policies, and provisions of this section, in
7adopting, amending, and repealing standards shall consider all of the following:

AB293-ASA1,26,88 1. Standards and practices of other jurisdictions.

AB293-ASA1,26,109 2. The most recent standards promulgated by national standard-setting
10bodies.

AB293-ASA1,26,1111 3. The views of interested persons and governmental officials and entities.

AB293-ASA1,26,1412 4. The need for security protection to ensure that notarial acts for remotely
13located individuals are accurate, authentic, adequately preserved, and resistant to
14tampering.

AB293-ASA1,26,1715 (c) The remote notary council shall review the statutes related to notarial acts
16for remotely located individuals and shall recommend to the legislature any changes
17in the statutes that the council finds necessary or advisable.

AB293-ASA1,46 18Section 46 . 140.15 of the statutes is created to read:

AB293-ASA1,26,20 19140.15 Certificate of notarial act. (1) A notarial act must be evidenced by
20a certificate. The certificate must satisfy all of the following:

AB293-ASA1,26,2121 (a) Be executed contemporaneously with the performance of the notarial act.

AB293-ASA1,26,2322 (b) Be signed and dated by the notarial officer and, if the notarial officer is a
23notary public, be signed in the same manner as on file with the department.

AB293-ASA1,26,2424 (c) Identify the jurisdiction in which the notarial act is performed.

AB293-ASA1,26,2525 (d) Contain the title of office of the notarial officer.

AB293-ASA1,27,2

1(e) If the notarial officer is a notary public, indicate the date of expiration, if any,
2of the officer's commission.

AB293-ASA1,27,10 3(2) If a notarial act regarding a tangible record is performed by a notary public,
4an official stamp must be affixed to or embossed on the certificate. If a notarial act
5is performed regarding a tangible record by a notarial officer other than a notary
6public and the certificate contains the information specified in sub. (1) (b), (c), and
7(d), an official stamp may be affixed to or embossed on the certificate. If a notarial
8act regarding an electronic record is performed by a notarial officer and the
9certificate contains the information specified in sub. (1) (b), (c), and (d), an official
10stamp may be attached to or logically associated with the certificate.

AB293-ASA1,27,12 11(3) A certificate of a notarial act is sufficient if it meets the requirements of
12subs. (1) and (2) and satisfies any of the following:

AB293-ASA1,27,1313 (a) Is in a short form set forth in s. 140.16.

AB293-ASA1,27,1414 (b) Is in a form otherwise permitted by the law of this state.

AB293-ASA1,27,1615 (c) Is in a form permitted by the law applicable in the jurisdiction in which the
16notarial act was performed.

AB293-ASA1,27,1917 (d) Sets forth the actions of the notarial officer and the actions are sufficient
18to meet the requirements of the notarial act as provided in ss. 140.05, 140.06, and
19140.07 or law of this state other than this chapter.

AB293-ASA1,27,22 20(4) By executing a certificate of a notarial act, a notarial officer certifies that
21the officer has complied with the requirements and made the determinations
22specified in ss. 140.04, 140.05, and 140.06.

AB293-ASA1,27,24 23(5) A notarial officer may not affix the officer's signature to, or logically
24associate it with, a certificate until the notarial act has been performed.

AB293-ASA1,28,6

1(6) If a notarial act is performed regarding a tangible record, a certificate must
2be part of, or securely attached to, the record. If a notarial act is performed regarding
3an electronic record, the certificate must be affixed to, or logically associated with,
4the electronic record. If the department has established standards pursuant to s.
5140.27 for attaching, affixing, or logically associating the certificate, the process
6must conform to the standards.

AB293-ASA1,47 7Section 47 . 140.16 of the statutes is created to read:

AB293-ASA1,28,10 8140.16 Short form certificates. The following short form certificates of
9notarial acts are sufficient for the purposes indicated, if completed with the
10information required by s. 140.15 (1) and (2):

AB293-ASA1,28,11 11(1) For an acknowledgment in an individual capacity:

AB293-ASA1,28,1212 State of ....

AB293-ASA1,28,1313 County of ....

AB293-ASA1,28,1514 This record was acknowledged before me on ... (date) by .... (name(s) of
15individual(s)).

AB293-ASA1,28,1616 .... (Signature of notarial officer)

AB293-ASA1,28,1717 Stamp

AB293-ASA1,28,1818 .... (Title of office)

AB293-ASA1,28,1919 [My commission expires: ....]

AB293-ASA1,28,20 20(2) For an acknowledgment in a representative capacity:

AB293-ASA1,28,2121 State of ....

AB293-ASA1,28,2222 County of ....

AB293-ASA1,28,2523 This record was acknowledged before me on .... (date) by .... (name(s) of
24individual(s)) as .... (type of authority, such as officer or trustee) of .... (name of party
25on behalf of whom record was executed).

AB293-ASA1,29,1

1.... (Signature of notarial officer)

AB293-ASA1,29,22 Stamp

AB293-ASA1,29,33 .... (Title of office)

AB293-ASA1,29,44 [My commission expires: ....]

AB293-ASA1,29,5 5(3) For a verification on oath or affirmation:

AB293-ASA1,29,66 State of ....

AB293-ASA1,29,77 County of ....

AB293-ASA1,29,98 Signed and sworn to (or affirmed) before me on .... (date) by .... (name(s) of
9individual(s) making statement).

AB293-ASA1,29,1010 .... (Signature of notarial officer)

AB293-ASA1,29,1111 Stamp

AB293-ASA1,29,1212 .... (Title of office)