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9. The audiovisual technology used for the signing process was ....
10. The estate planning document was not signed in counterpart. The following methods were used to forward the estate planning document to the notary public and to the supervising attorney after signing. - OR - The estate planning document was signed in counterpart. The following methods were used to forward each counterpart to the supervising attorney. [If applicable] - The supervising attorney physically compiled the signed paper counterparts into a single document containing the estate planning document, the signature of the remotely located individual, and the notarial act on [date] by [e.g., attaching page 7 from each counterpart signed by the notary public to the back of the estate planning document signed by the remotely located individual].
11. The name, state bar number, and [business or residential] address of the supervising attorney is ....
12. [Optional] Other information that the supervising attorney considers to be material is as follows: ....
.... (signature of supervising attorney)
Subscribed and sworn to before me on .... (date) by .... (name of supervising attorney).
.... (signature of notarial officer)
Stamp
.... (Title of office)
[My commission expires: ....]
140.147(6) (6)If a supervising attorney is required to complete an affidavit in order to execute an estate planning document pursuant to another provision of law, the information required in that affidavit may be combined with the information required in the affidavit of compliance into a single affidavit.
140.147(7) (7)For a notarial act performed under this section, the certificate of notarial act required under s. 140.15 may be in the following short form, if completed with the information required by s. 140.15 (1) and (2):
State of ....
County of ....
This record was virtually acknowledged before me pursuant to Wis. Stat. § 140.147 on .... (date) by .... (name(s) of individual(s)).
.... (signature of notarial officer)
Stamp
.... (Title of office)
[My commission expires: ....]
140.147 History History: 2023 a. 130.
140.15 140.15 Certificate of notarial act.
140.15(1)(1)A notarial act must be evidenced by a certificate. The certificate must satisfy all of the following:
140.15(1)(a) (a) Be executed contemporaneously with the performance of the notarial act.
140.15(1)(b) (b) Be signed and dated by the notarial officer and, if the notarial officer is a notary public, be signed in the same manner as on file with the department.
140.15(1)(c) (c) Identify the jurisdiction in which the notarial act is performed.
140.15(1)(d) (d) Contain the title of office of the notarial officer.
140.15(1)(e) (e) If the notarial officer is a notary public, indicate the date of expiration, if any, of the officer's commission.
140.15(2) (2)If a notarial act regarding a tangible record is performed by a notary public, an official stamp must be affixed to or embossed on the certificate. If a notarial act is performed regarding a tangible record by a notarial officer other than a notary public and the certificate contains the information specified in sub. (1) (b), (c), and (d), an official stamp may be affixed to or embossed on the certificate. If a notarial act regarding an electronic record is performed by a notarial officer and the certificate contains the information specified in sub. (1) (b), (c), and (d), an official stamp may be attached to or logically associated with the certificate.
140.15(3) (3)A certificate of a notarial act is sufficient if it meets the requirements of subs. (1) and (2) and satisfies any of the following:
140.15(3)(a) (a) Is in a short form set forth in s. 140.16.
140.15(3)(b) (b) Is in a form otherwise permitted by the law of this state.
140.15(3)(c) (c) Is in a form permitted by the law applicable in the jurisdiction in which the notarial act was performed.
140.15(3)(d) (d) Sets forth the actions of the notarial officer and the actions are sufficient to meet the requirements of the notarial act as provided in ss. 140.05, 140.06, and 140.07 or law of this state other than this chapter.
140.15(4) (4)By executing a certificate of a notarial act, a notarial officer certifies that the officer has complied with the requirements and made the determinations specified in ss. 140.04, 140.05, and 140.06.
140.15(5) (5)A notarial officer may not affix the officer's signature to, or logically associate it with, a certificate until the notarial act has been performed.
140.15(6) (6)If a notarial act is performed regarding a tangible record, a certificate must be part of, or securely attached to, the record. If a notarial act is performed regarding an electronic record, the certificate must be affixed to, or logically associated with, the electronic record. If the department has established standards pursuant to s. 140.27 for attaching, affixing, or logically associating the certificate, the process must conform to the standards.
140.15 History History: 2019 a. 125.
140.16 140.16 Short form certificates. The following short form certificates of notarial acts are sufficient for the purposes indicated, if completed with the information required by s. 140.15 (1) and (2):
140.16(1) (1)For an acknowledgment in an individual capacity:
State of ....
County of ....
This record was acknowledged before me on ... (date) by .... (name(s) of individual(s)).
.... (Signature of notarial officer)
Stamp
.... (Title of office)
[My commission expires: ....]
140.16(2) (2)For an acknowledgment in a representative capacity:
State of ....
County of ....
This record was acknowledged before me on .... (date) by .... (name(s) of individual(s)) as .... (type of authority, such as officer or trustee) of .... (name of party on behalf of whom record was executed).
.... (Signature of notarial officer)
Stamp
.... (Title of office)
[My commission expires: ....]
140.16(3) (3)For a verification on oath or affirmation:
State of ....
County of ....
Signed and sworn to (or affirmed) before me on .... (date) by .... (name(s) of individual(s) making statement).
.... (Signature of notarial officer)
Stamp
.... (Title of office)
[My commission expires: ....]
140.16(4) (4)For witnessing or attesting a signature:
State of ....
County of ....
Signed [or attested] before me on .... (date) by .... (name(s) of individual(s)).
.... (Signature of notarial officer)
Stamp
.... (Title of office)
[My commission expires: ....]
140.16(5) (5)For certifying or attesting a copy of a record:
State of ...
County of ....
I certify or attest that this is a true and correct copy of a record in the possession of ....
Dated: ....
.... (Signature of notarial officer)
Stamp
..... (Title of office)
[My commission expires: ....]
140.16 History History: 2019 a. 125.
140.17 140.17 Official stamp. The official stamp of a notary public must satisfy all of the following criteria:
140.17(1) (1)Include the notary public's name, jurisdiction, commission expiration date if applicable, and other information required by the department.
140.17(2) (2)Be capable of being copied together with the record to which it is affixed or attached or with which it is logically associated.
140.17 History History: 2019 a. 125.
140.18 140.18 Stamping device.
140.18(1)(1)
140.18(1)(a) (a) A notary public is responsible for the security of the notary public's stamping device and may not allow another individual to use the device to perform a notarial act.
140.18(1)(b) (b) On resignation from, or the revocation or expiration of, the notary public's commission, or on the expiration of the date set forth in the stamping device, if any, the notary public shall disable the stamping device by destroying, defacing, damaging, erasing, or securing it against use in a manner that renders it unusable.
140.18(1)(c) (c) On the death or adjudication of incompetency of a notary public, the notary public's personal representative or guardian or any other person knowingly in possession of the stamping device shall render it unusable by destroying, defacing, damaging, erasing, or securing it against use in a manner that renders it unusable.
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2021-22 Wisconsin Statutes updated through 2023 Wis. Act 125 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on April 26, 2024. Published and certified under s. 35.18. Changes effective after April 26, 2024, are designated by NOTES. (Published 4-26-24)