(c) An individual designated a notarizing officer by the federal department of 25
state for performing notarial acts overseas.
(d) Any other individual authorized by federal law to perform the notarial act.
The signature and title of an individual acting under federal authority and 3
performing a notarial act are prima facie evidence that the signature is genuine and 4
that the individual holds the designated title.
The signature and title of an officer described in sub. (1) (a), (b), or (c) 6
conclusively establish the authority of the officer to perform the notarial act.
140.14 of the statutes is created to read:
8140.14 Foreign notarial act. (1)
In this section, “foreign state” means a 9
government other than the United States, a state, or a federally recognized Indian 10
If a notarial act is performed under authority and in the jurisdiction of a 12
foreign state or constituent unit of the foreign state or is performed under the 13
authority of a multinational or international governmental organization, the act has 14
the same effect under the law of this state as if performed by a notarial officer of this 15
If the title of office and indication of authority to perform notarial acts in 17
a foreign state appear in a digest of foreign law or in a list customarily used as a 18
source for that information, the authority of an officer with that title to perform 19
notarial acts is conclusively established.
The signature and official stamp of an individual holding an office described 21
in sub. (3) are prima facie evidence that the signature is genuine and the individual 22
holds the designated title.
An apostille in the form prescribed by the Hague Convention of October 5, 24
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 2
A consular authentication issued by an individual designated by the federal 4
department of state as a notarizing officer for performing notarial acts overseas and 5
attached to the record with respect to which the notarial act is performed 6
conclusively establishes that the signature of the notarial officer is genuine and that 7
the officer holds the indicated office.
140.145 of the statutes is created to read:
9140.145 Notarial act performed for remotely located individual. (1)
(a) “Communication technology” means an electronic device or process that 12
satisfies all of the following:
1. The device or process allows a notary public and a remotely located 14
individual to communicate with each other simultaneously by sight and sound.
2. When necessary and consistent with other applicable law, the device or 16
process facilitates communication with a remotely located individual who has a 17
vision, hearing, or speech impairment.
(b) “Foreign state” means a jurisdiction other than the United States, a state, 19
or a federally recognized Indian tribe.
(c) “Identity proofing” means a process or service by which a 3rd person 21
provides a notary public with a means to verify the identity of a remotely located 22
individual by a review of personal information from public or private data sources.
(d) “Outside the United States” means a location outside the geographic 24
boundaries of the United States, Puerto Rico, the U.S. Virgin Islands, and any
territory, insular possession, or other location subject to the jurisdiction of the United 2
(e) “Remotely located individual” means an individual who is not in the 4
physical presence of the notary public who performs a notarial act under sub. (3).
For purposes of determining the jurisdiction in which a notarial act is 6
performed for a remotely located individual, the location of the notary public shall 7
A remotely located individual may comply with s. 140.06 by using 9
communication technology to appear before a notary public.
Except for the administration of an oath before a witness at a deposition, 11
a notary public located in this state may perform a notarial act using communication 12
technology for a remotely located individual if all of the following apply:
(a) The notary public has any of the following:
1. Personal knowledge under s. 140.07 (1) of the identity of the individual.
2. Satisfactory evidence of the identity of the remotely located individual by 16
oath or affirmation from a credible witness appearing before the notary public under 17
s. 140.07 (2) or this section.
3. Obtained satisfactory evidence of the identity of the remotely located 19
individual by using at least 2 different types of identity proofing.
(b) The notary public is able reasonably to confirm that a record before the 21
notary public is the same record in which the remotely located individual made a 22
statement or on which the individual executed a signature.
(c) The notary public, or a person acting on behalf of the notary public, creates 24
an audio-visual recording of the performance of the notarial act.
(d) For a remotely located individual located outside the United States, all of 2
the following are satisfied:
1. The record satisfies any of the following requirements:
a. The record is to be filed with or relates to a matter before a public official or 5
court, governmental entity, or other entity subject to the jurisdiction of the United 6
b. The record involves property located in the territorial jurisdiction of the 8
United States or involves a transaction substantially connected with the United 9
2. The act of making the statement or signing the record is not prohibited by 11
the foreign state in which the remotely located individual is located.
If a notarial act is performed under this section, the certificate of notarial 13
act required by s. 140.15 and the short form certificate provided in s. 140.16 must 14
indicate that the notarial act was performed using communication technology.
A short form certificate provided in s. 140.16 for a notarial act subject to this 16
section is sufficient if any of the following applies:
(a) The certificate complies with rules promulgated under sub. (8) (a).
(b) The certificate is in the form provided in s. 140.16 and contains a statement 19
substantially as follows: “This notarial act involved the use of communication 20
A notary public, a guardian, conservator, or agent of a notary public, or a 22
personal representative of a deceased notary public shall retain the audio-visual 23
recording created under sub. (3) (c) or cause the recording to be retained by a 24
repository designated by or on behalf of the person required to retain the recording.
Unless a different period is required by rule promulgated under sub. (8) (d), the 2
recording must be retained for a period of at least 7 years after the recording is made.
Before a notary public performs the notary public's initial notarial act under 4
this section, the notary public must notify the department that the notary public will 5
be performing notarial acts with respect to remotely located individuals and identify 6
the technologies the notary public intends to use. If the department has established 7
standards under sub. (8) and s. 140.27 for approval of communication technology or 8
identity proofing, the communication technology and identity proofing must conform 9
to the standards.
In addition to promulgating rules under s. 140.27, the department shall 11
promulgate rules under this section regarding performance of a notarial act. The 12
rules may do any of the following:
(a) Prescribe the means of performing a notarial act involving a remotely 14
located individual using communication technology.
(b) Establish standards for communication technology and identity proofing.
(c) Establish requirements, including registration, or procedures to approve 17
providers of communication technology and the process of identity proofing.
(d) Establish standards and a period for the retention of an audio-visual 19
recording created under sub. (3) (c).
(e) Establish any other requirement, not inconsistent with this chapter, 21
relating to the performance of a notarial act for a remotely located individual.
Before promulgating, amending, or repealing a rule governing performance 23
of a notarial act with respect to a remotely located individual, the department must 24
consider all of the following:
(a) The most recent standards regarding the performance of a notarial act with 2
respect to a remotely located individual promulgated by national standard-setting 3
organizations and the recommendations of the National Association of Secretaries 4
of State or any successor organization.
(b) Standards, practices, and customs of other jurisdictions that have laws 6
substantially similar to this section.
(c) The views of governmental officials and entities and other interested 8
This section does not apply to a transaction to the extent it is governed by 10
any of the following:
(a) Any law governing the creation and execution of wills, codicils, or 12
(b) Any law governing the creation and execution of living trusts or trust 14
amendments for personal use, not including a transaction, as defined in s. 137.11 15
(c) Any law governing the creation and execution of powers of attorney, not 17
including a transaction, as defined in s. 137.11 (15).
(d) Any law governing the creation and execution of marital property 19
(e) Any law governing the creation and execution of powers of attorney for 21
health care, declarations to physicians (living wills), and authorizations for use and 22
disclosure of protected health care information.
(a) The remote notary council shall adopt standards to implement this 24
section. The department shall promulgate by rule the standards adopted, amended, 25
or repealed by the council under this paragraph.
(b) To keep the standards and practices of notaries public in this state in 2
harmony with the standards and practices of notaries public in other jurisdictions 3
that enact substantially this section and to keep the technology used by notaries 4
public in this state compatible with technology used by notaries public in other 5
jurisdictions that enact substantially this section, the remote notary council, so far 6
as is consistent with the purposes, policies, and provisions of this section, in 7
adopting, amending, and repealing standards shall consider all of the following:
1. Standards and practices of other jurisdictions.
2. The most recent standards promulgated by national standard-setting 10
3. The views of interested persons and governmental officials and entities.
4. The need for security protection to ensure that notarial acts for remotely 13
located individuals are accurate, authentic, adequately preserved, and resistant to 14
(c) The remote notary council shall review the statutes related to notarial acts 16
for remotely located individuals and shall recommend to the legislature any changes 17
in the statutes that the council finds necessary or advisable.
140.15 of the statutes is created to read:
19140.15 Certificate of notarial act. (1)
A notarial act must be evidenced by 20
a certificate. The certificate must satisfy all of the following:
(a) Be executed contemporaneously with the performance of the notarial act.
(b) Be signed and dated by the notarial officer and, if the notarial officer is a 23
notary public, be signed in the same manner as on file with the department.
(c) Identify the jurisdiction in which the notarial act is performed.
(d) Contain the title of office of the notarial officer.
(e) If the notarial officer is a notary public, indicate the date of expiration, if any, 2
of the officer's commission.
If a notarial act regarding a tangible record is performed by a notary public, 4
an official stamp must be affixed to or embossed on the certificate. If a notarial act 5
is performed regarding a tangible record by a notarial officer other than a notary 6
public 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 8
act regarding an electronic record is performed by a notarial officer and the 9
certificate contains the information specified in sub. (1) (b), (c), and (d), an official 10
stamp may be attached to or logically associated with the certificate.
A certificate of a notarial act is sufficient if it meets the requirements of 12
subs. (1) and (2) and satisfies any of the following:
(a) Is in a short form set forth in s. 140.16.
(b) Is in a form otherwise permitted by the law of this state.
(c) Is in a form permitted by the law applicable in the jurisdiction in which the 16
notarial act was performed.
(d) Sets forth the actions of the notarial officer and the actions are sufficient 18
to meet the requirements of the notarial act as provided in ss. 140.05, 140.06, and 19
140.07 or law of this state other than this chapter.
By executing a certificate of a notarial act, a notarial officer certifies that 21
the officer has complied with the requirements and made the determinations 22
specified in ss. 140.04, 140.05, and 140.06.
A notarial officer may not affix the officer's signature to, or logically 24
associate it with, a certificate until the notarial act has been performed.
If a notarial act is performed regarding a tangible record, a certificate must 2
be part of, or securely attached to, the record. If a notarial act is performed regarding 3
an electronic record, the certificate must be affixed to, or logically associated with, 4
the electronic record. If the department has established standards pursuant to s. 5
140.27 for attaching, affixing, or logically associating the certificate, the process 6
must conform to the standards.
140.16 of the statutes is created to read:
8140.16 Short form certificates.
The following short form certificates of 9
notarial acts are sufficient for the purposes indicated, if completed with the 10
information required by s. 140.15 (1) and (2):
For an acknowledgment in an individual capacity:
State of ....
County of ....
This record was acknowledged before me on ... (date) by .... (name(s) of 15
.... (Signature of notarial officer)
.... (Title of office)
[My commission expires: ....]