140.02 (7) Official records to be filed.
When any notary public ceases to hold 15
office, the notary public, or in case of the notary public's death the notary public's 16
personal representative, shall deposit the notary public's official records and papers 17
with the department of financial institutions
. If the notary or personal 18
representative, after the records and papers come to his or her hands, neglects for 19
3 months to deposit them, he or she shall forfeit not less than $50 nor more than $500. 20
If any person knowingly destroys, defaces, or conceals any records or papers of any 21
notary public, the person shall forfeit not less than $50 nor more than $500, and shall 22
be liable for all damages resulting to the party injured. The department of financial
shall receive and safely keep all such papers and records.
137.01 (8) of the statutes is renumbered 140.02 (8).
137.01 (9) (title) of the statutes is renumbered 140.02 (9) (title).
137.01 (9) of the statutes is renumbered 140.02 (9), and 140.02 (9) 2
(intro.), as renumbered, is amended to read:
140.02 (9) Fees.
(intro.) A Except when the department has established
4different fees as provided in s. 140.27 (1) (a) 1., a
notary public shall be allowed the 5
Subchapter II (title) of chapter 137 [precedes 137.11] of the 8
statutes is repealed.
137.11 (intro.) and (4) of the statutes are amended to read:
(intro.) In this subchapter chapter
“Contract" means the total legal obligation resulting from the parties' 12
agreement as affected by this subchapter chapter
and other applicable law.
137.12 (1), (2) (intro.), (2m) (intro.), (2p), (2r) (intro.), (3), (4), (5) 14
and (6) of the statutes are amended to read:
Except as otherwise provided in sub. (2) and except in ss. 137.25 and 16
137.26, this subchapter chapter
applies to electronic records and electronic 17
signatures relating to a transaction.
(intro.) Except as otherwise provided in sub. (3), this subchapter chapter 19
does not apply to a transaction to the extent it is governed by:
(intro.) This subchapter
does not apply to any of the following 21
records or any transaction evidenced by any of the following records:
This subchapter chapter
applies to a transaction governed by the federal 23
Electronic Signatures in Global and National Commerce Act, 15 USC 7001
, et seq., 24
but this subchapter chapter
is not intended to limit, modify, or supersede 15 USC
(intro.) To the extent that it is excluded from the scope of 15 USC 7003
, this 2subchapter chapter
does not apply to a notice to the extent that it is governed by a 3
law requiring the furnishing of any notice of:
This subchapter chapter
applies to an electronic record or electronic 5
signature otherwise excluded from the application of this subchapter chapter
subs. (2), (2m), and (2r) to the extent it is governed by a law other than those specified 7
in subs. (2), (2m), and (2r).
A transaction subject to this subchapter chapter
is also subject to other 9
applicable substantive law.
This subchapter chapter
applies to the state of Wisconsin, unless otherwise 11
To the extent there is a conflict between this
and ch. 407, 13
ch. 407 governs.
137.13 (1), (2), (4) and (5) of the statutes are amended to read:
does not require a record or signature to 16
be created, generated, sent, communicated, received, stored, or otherwise processed 17
or used by electronic means or in electronic form.
This subchapter chapter
applies only to transactions between parties each 19
of which has agreed to conduct transactions by electronic means. Whether the 20
parties agree to conduct a transaction by electronic means is determined from the 21
context and surrounding circumstances, including the parties' conduct.
Except as otherwise provided in this subchapter chapter
, the effect of any 23
provision of this subchapter chapter
may be varied by agreement. Use of the words 24
“unless otherwise agreed," or words of similar import, in this
shall not be interpreted to preclude other provisions of this
being varied by agreement.
Whether an electronic record or electronic signature has legal consequences 4
is determined by this subchapter chapter
and other applicable law.
137.14 (intro.) and (3) of the statutes are amended to read:
(intro.) This subchapter chapter
shall be construed 7
To effectuate its general purpose to make uniform the law with respect to 9
the subject of this subchapter chapter
among states enacting laws substantially 10
similar to the Uniform Electronic Transactions Act as approved and recommended 11
by the National Conference of Commissioners on Uniform State Laws in 1999.
137.16 (2) (intro.) and (4) (a) and (b) of the statutes are amended 13
(intro.) If a law other than this
requires a record 15
to be posted or displayed in a certain manner, to be sent, communicated, or 16
transmitted by a specified method, or to contain information that is formatted in a 17
certain manner, then:
(a) To the extent a law other than this
information to be provided, sent, or delivered in writing but permits that 20
requirement to be varied by agreement, the requirement under sub. (1) that the 21
information be in the form of an electronic record capable of retention may also be 22
varied by agreement; and
(b) A requirement under a law other than this subchapter chapter
to send, 24
communicate, or transmit a record by 1st-class or regular mail or with postage 25
prepaid may be varied by agreement to the extent permitted by the other law.
137.20 (7) of the statutes is amended to read:
The public records board may promulgate rules prescribing 3
standards consistent with this subchapter chapter
for retention of records by state 4
agencies, the University of Wisconsin Hospitals and Clinics Authority and local 5
Chapter 140 (title) of the statutes is created to read:
NOTARIES PUBLIC; NOTARIAL ACTs
140.01 of the statutes is created to read:
In this chapter:
“Acknowledgment” means a declaration by an individual before a notarial 12
officer that the individual has signed a record for the purpose stated in the record 13
and, if the record is signed in a representative capacity, that the individual signed 14
the record with proper authority and signed it as the act of the individual or entity 15
identified in the record.
“Department” means the department of financial institutions.
“Domestic partner" has the meaning given in s. 770.01 (1).
“Electronic” means relating to technology having electrical, digital, 19
magnetic, wireless, optical, electromagnetic, or similar capabilities.
“Electronic signature” means an electronic symbol, sound, or process 21
attached to or logically associated with a record and executed or adopted by an 22
individual with the intent to sign the record.
“In a representative capacity” means acting as any of the following:
(a) An authorized officer, agent, partner, trustee, or other representative for a 25
person other than an individual.
(b) A public officer, personal representative, guardian, or other representative, 2
in the capacity stated in a record.
(c) An agent or attorney-in-fact for a principal.
(d) An authorized representative of another in any other capacity.
“Notarial act” means an act, whether performed with respect to a tangible 6
or electronic record, that a notarial officer may perform under the law of this state. 7
The term includes taking an acknowledgment, administering an oath or affirmation, 8
taking a verification on oath or affirmation, witnessing or attesting a signature, 9
certifying or attesting a copy, and noting a protest of a negotiable instrument.
“Notarial officer” means a notary public or other individual authorized to 11
perform a notarial act.
“Notary public” means an individual commissioned to perform a notarial 13
“Official stamp” means a physical image affixed to or embossed on a 15
tangible record or an electronic image attached to or logically associated with an 16
“Person” means an individual, corporation, business trust, statutory trust, 18
estate, trust, partnership, limited liability company, association, joint venture, 19
public corporation, government or governmental subdivision, agency, or 20
instrumentality, or any other legal or commercial entity.
“Record” means information that is inscribed on a tangible medium or that 22
is stored in an electronic or other medium and is retrievable in perceivable form.
“Sign” means, with present intent to authenticate or adopt a record, any 24
of the following:
(a) To execute or adopt a tangible symbol.
(b) To attach to or logically associate with the record an electronic symbol, 2
sound, or process.
“Signature” means a tangible symbol or an electronic signature that 4
evidences the signing of a record.
“Stamping device” means any of the following:
(a) A physical device capable of affixing to or embossing on a tangible record 7
an official stamp.
(b) An electronic device or process capable of attaching to or logically 9
associating with an electronic record an official stamp.
“State” means a state of the United States, the District of Columbia, 11
Puerto Rico, the U.S. Virgin Islands, or any territory or insular possession subject 12
to the jurisdiction of the United States.
“Tamper-evident” means that any change to a record generates evidence 14
of the change.
“Verification on oath or affirmation” means a declaration, made by an 16
individual on oath or affirmation before a notarial officer, that a statement in a record 17
140.02 (5m) (a) of the statutes is created to read:
(a) In this subsection, “communication technology” has the 20
meaning given in s. 140.145 (1) (a).
140.04 of the statutes is created to read:
22140.04 Authority to perform notarial act. (1)
A notarial officer may 23
perform a notarial act authorized by this chapter or by law of this state other than 24
A notarial officer may not perform a notarial act with respect to a record to 2
which the officer or the officer's spouse or domestic partner is a party or in which 3
either of them has a direct beneficial interest. A notarial act performed in violation 4
of this subsection is voidable.
A notarial officer may certify that a tangible copy of an electronic record is 6
an accurate copy of the electronic record.
140.05 of the statutes is created to read:
8140.05 Requirements for certain notarial acts. (1)
A notarial officer who 9
takes an acknowledgment of a record shall determine, from personal knowledge or 10
satisfactory evidence of the identity of the individual, that the individual appearing 11
before the officer and making the acknowledgment has the identity claimed and that 12
the signature on the record is the signature of the individual.
A notarial officer who takes a verification of a statement on oath or 14
affirmation shall determine, from personal knowledge or satisfactory evidence of the 15
identity of the individual, that the individual appearing before the officer and 16
making the verification has the identity claimed and that the signature on the 17
statement verified is the signature of the individual.
A notarial officer who witnesses or attests to a signature shall determine, 19
from personal knowledge or satisfactory evidence of the identity of the individual, 20
that the individual appearing before the officer and signing the record has the 21
A notarial officer who certifies or attests a copy of a record or an item that 23
was copied shall determine that the copy is a full, true, and accurate transcription 24
or reproduction of the record or item.
A notarial officer who makes or notes a protest of a negotiable instrument 2
shall determine the matters set forth in s. 403.505 (2).
140.06 of the statutes is created to read:
4140.06 Personal appearance required.
If a notarial act relates to a 5
statement made in or a signature executed on a record, the individual making the 6
statement or executing the signature shall appear personally before the notarial 7
140.07 of the statutes is created to read:
9140.07 Identification of individual. (1)
A notarial officer has personal 10
knowledge of the identity of an individual appearing before the officer if the 11
individual is personally known to the officer through dealings sufficient to provide 12
reasonable certainty that the individual has the identity claimed.
A notarial officer has satisfactory evidence of the identity of an individual 14
appearing before the officer if the officer can identify the individual in any of the 15
(a) By means of any of the following:
1. A passport, vehicle operator's license, or government-issued identification 18
card, which is current or expired not more than 3 years before performance of the 19
2. Another form of government identification issued to an individual, which is 21
current or expired not more than 3 years before performance of the notarial act, 22
contains the signature or a photograph of the individual, and is satisfactory to the 23
(b) By a verification on oath or affirmation of a credible witness personally 25
appearing before the officer and known to the officer or whom the officer can identify
on the basis of a passport, vehicle operator's license, or government-issued 2
identification card, which is current or expired not more than 3 years before 3
performance of the notarial act.
A notarial officer may require an individual to provide additional 5
information or identification credentials necessary to assure the officer of the 6
identity of the individual.
140.08 of the statutes is created to read:
8140.08 Authority to refuse to perform notarial act. (1)
A notarial officer 9
may refuse to perform a notarial act if the officer is not satisfied with respect to any 10
of the following: