13140.30 Uniformity of application and construction.
In applying and 14
construing this chapter, consideration must be given to the need to promote 15
uniformity of the law with respect to its subject matter among states that enact it.
140.31 of the statutes is created to read:
17140.31 Relation to electronic signatures in global and national
This chapter modifies, limits, and supersedes the Electronic 19
Signatures in Global and National Commerce Act, 15 USC 7001
, but does not 20
modify, limit, or supersede section 101 (c) of that act, 15 USC 7001
(c), or authorize 21
electronic delivery of any of the notices described in section 103 (b) of that act, 15 USC
140.34 of the statutes is created to read:
24140.34 Short title.
This chapter may be cited as the Revised Uniform Law on 25
Notarial Acts (2018).
236.21 (2) (a) of the statutes is amended to read:
(a) A certificate by the owner of the land in substantially the 3
following form: “As owner I hereby certify that I caused the land described on this 4
plat to be surveyed, divided, mapped and dedicated as represented on the plat. I also 5
certify that this plat is required by s. 236.10 or 236.12 to be submitted to the following 6
for approval or objection: (list of governing bodies required to approve or allowed to 7
object to the plat)." This certificate shall be signed by the owner, the owner's spouse, 8
and all persons holding an interest in the fee of record or by being in possession and, 9
if the land is mortgaged, by the mortgagee of record. These signatures shall be 10
acknowledged in accordance with s. 706.07 ch. 140
236.295 (1) (b) of the statutes is amended to read:
(b) Ratifications of a recorded plat or certified survey map signed 13
and acknowledged in accordance with s. 706.07
244.05 of the statutes is amended to read:
15244.05 Execution of power of attorney.
To execute a power of attorney the 16
principal must sign the power of attorney or another individual, in the principal's 17
conscious presence and directed by the principal, must sign the principal's name on 18
the power of attorney. A signature of the principal on a power of attorney is presumed 19
to be genuine if the principal makes an acknowledgment of the power of attorney 20
before a notarial officer authorized under s. 706.07 ch. 140
to take acknowledgments.
244.19 (1) of the statutes is amended to read:
For purposes of this section and s. 244.20, “acknowledged" means 23
the taking of an acknowledgment before a notarial officer authorized to take 24
acknowledgements under s. 706.07 ch. 140
407.103 (4) of the statutes is amended to read:
To the extent there is a conflict between subch. II of
ch. 137 and this 2
chapter, this chapter governs.
610.60 (2) (a) of the statutes is amended to read:
(a) Subject to par. (c), subs. (3) and (5) (b), and s. 137.12 (2r) (c), notice 5
to a party, and any other document that is required under applicable law in an 6
insurance transaction or that serves as evidence of insurance coverage, may be 7
stored, presented, and delivered by electronic means, as long as the notice or other 8
document meets the requirements of subch. II of
703.33 (9) of the statutes is amended to read:
703.33 (9) Electronic delivery.
The information required under subs. (1) and 11
(2) may be delivered electronically in accordance with 15 USC 7001
(c), subch. II of 12
ch. 137, and any other requirements that are prescribed by law.
706.05 (2) (b) of the statutes is amended to read:
(b) Contain a form of authentication authorized by s. 706.06 or 15706.07 ch. 140
706.05 (8) of the statutes is amended to read:
A duly recorded certificate signed by or on behalf of the holder of 18
record of any mortgage or other security interest in lands, and authenticated as 19
provided by s. 706.06 or 706.07 ch. 140
identifying the mortgage or other interest and 20
stating that the same has been paid or satisfied in whole or in part, shall be sufficient 21
to satisfy such mortgage or other interest of record.
706.06 (1) of the statutes is amended to read:
Any instrument may be acknowledged, or its execution otherwise 24
authenticated by its signators, as provided by the laws of this state; or as provided 25
in this section or s. 706.07 ch. 140
706.085 (2) (a) of the statutes is amended to read:
(a) A correction instrument shall be acknowledged or 4
authenticated in accordance with s. 706.06 or 706.07 ch. 140
. It shall recite the 5
document number of the conveyance, the names of the grantor and grantee, and, if 6
given on the conveyance, the volume and page where the conveyance is filed or 7
708.15 (10) (g) of the statutes is amended to read:
(g) Be signed by the satisfaction agent, as provided in sub. (9) (am), 10
and contain a form of authentication authorized by s. 706.06 or
706.07 ch. 140
801.18 (11) (a) of the statutes is amended to read:
(a) Notaries public who hold valid appointments under ch. 137 140 13
may issue certificates of notarial acts for electronically filed documents as provided 14
in this section.
801.18 (11) (e) of the statutes is amended to read:
(e) Notwithstanding s. 706.07 (8) (c), an An
electronically filed 17
complaint under ch. 799 may be verified by applying the electronic signature of the 18
plaintiff or the plaintiff's attorney to a written oath attesting that the facts of the 19
complaint are true, without swearing to the oath in front of a notarial officer.
857.015 of the statutes is amended to read:
21857.015 Management and control of certain business property by
A spouse who holds property described under s. 766.70 (3) (a), (b) 23
or (d) which is not also held by the other spouse may direct in a will or other signed 24
writing that the marital property interest of the nonholding spouse in such property 25
be satisfied as provided under s. 861.015. The holding spouse shall identify in a will
or other signed writing the property described under s. 766.70 (3) (a), (b) or (d) to 2
which the directive applies. The signature of the holding spouse on a directive other 3
than a will shall be acknowledged, attested or witnessed under
s. 706.07 ch. 140
. The 4
estate of the holding spouse may not execute a directive under this section. If at the 5
death of a spouse the surviving spouse is the holding spouse, the surviving spouse 6
may execute a directive under this section if executed within 90 days after the 7
decedent spouse's death.
867.045 (2) of the statutes is amended to read:
The register of deeds or other person authorized under s. 706.06 10
or 706.07 ch. 140
shall complete a statement at the foot of the application, declaring 11
that the applicant appeared before him or her and verified, under oath, the 12
correctness of the information required by sub. (1).
867.046 (3) of the statutes is amended to read:
867.046 (3) Completion of application.
The register of deeds or other person 15
authorized under s. 706.06 or 706.07 ch. 140
shall complete a statement at the foot 16
of the application, declaring that the applicant or, if the applicant is not an 17
individual, a representative of the applicant appeared before him or her and verified, 18
under oath, the correctness of the information required by sub. (2).
887.01 (1) of the statutes is amended to read:
887.01 (1) Within the state.
An oath or affidavit required or authorized by law, 21
except oaths to jurors and witnesses on a trial and such other oaths as are required 22
by law to be taken before particular officers, may be taken before any judge, court 23
commissioner, resident U.S. commissioner who has complied with
s. 706.07 ch. 140
clerk, deputy clerk or calendar clerk of a court of record, court reporter, notary public, 25
town clerk, village clerk, city clerk, municipal judge, county clerk or the clerk's
deputy within the territory in which the officer is authorized to act, school district 2
clerk with respect to any oath required by the elections laws; and, when certified by 3
the officer to have been taken before him or her, may be read and used in any court 4
and before any officer, board or commission. Oaths may be administered by any 5
person mentioned in s. 885.01 (3) and (4) to any witness examined before him or her.
887.01 (3) of the statutes is amended to read:
887.01 (3) Officer in armed forces.
In every instance where an officer in the 8
armed forces is authorized by s. 706.07 (5)
to take an acknowledgment, the 9
officer may administer an oath.
887.015 (4) (b) 4. of the statutes is amended to read:
(b) 4. A declaration to be recorded pursuant to s. 706.06, 706.07,
706.25 or ch. 140
968.12 (2) of the statutes is amended to read:
968.12 (2) Warrant upon affidavit.
A search warrant may be based upon 15
sworn complaint or affidavit, or testimony recorded by a phonographic reporter or 16
under sub. (3) (d), showing probable cause therefor. The complaint, affidavit or 17
testimony may be upon information and belief. The person requesting the warrant 18
may swear to the complaint or affidavit before a notarial officer authorized under s.
19706.07 ch. 140
to take acknowledgments or before a judge, or a judge may place a 20
person under oath via telephone, radio, or other means of electronic communication, 21
without the requirement of face-to-face contact, to swear to the complaint or 22
affidavit. The judge shall indicate on the search warrant that the person so swore 23
to the complaint or affidavit.
990.01 (38) of the statutes is amended to read:
990.01 (38) Signature.
If the signature of any person is required by law it shall 2
always be the handwriting of such person or, if the person is unable to write, the 3
person's mark or the person's name written by some other person at the person's 4
request and in the person's presence, or, subject to any applicable requirements 5
under subch. II of
ch. 137, the electronic signature of the person.
(1) Emergency rules.
Using the procedure under s. 227.24, the department of 8
financial institutions shall promulgate rules required under, and may promulgate 9
rules authorized under, ss. 140.145 (8) and 140.27 for the period before the effective 10
date of the permanent rules promulgated under ss. 140.145 (8) and 140.27 but not 11
to exceed the period authorized under s. 227.24 (1) (c), subject to extension under s. 12
227.24 (2). Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), the department is not 13
required to provide evidence that promulgating a rule under this subsection as an 14
emergency rule is necessary for the preservation of the public peace, health, safety, 15
or welfare and is not required to provide a finding of emergency for a rule 16
promulgated under this subsection. Notwithstanding s. 227.24 (1) (e) 1d., the 17
department of financial institutions is not required to prepare a statement of scope 18
of the rules promulgated under this subsection. Notwithstanding s. 227.24 (1) (e) 1g., 19
the department of financial institutions is not required to present the rules 20
promulgated under this subsection to the governor for approval. The department of 21
financial institutions shall promulgate the rules under this subsection no later than 22
the first day of the 4th month beginning after the effective date of this subsection.
(2) Initial terms for members of remote notary council.
Notwithstanding the 24
length of terms of the members of the remote notary council specified in s. 15.185 (8) 25
(b) (intro.), the following members shall be appointed for the following initial terms:
(a) The member appointed under s. 15.185 (8) (b) 2. shall be appointed for an 2
initial one-year term.
(b) The member appointed under s. 15.185 (8) (b) 4. shall be appointed for an 4
initial 2-year term.
(1) This act first applies to notarial acts performed on the effective date of this 7
This act takes effect on the first day of the 2nd month beginning after 10