Chapter 140

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.

140.18(2) (2) If a notary public’s stamping device is lost or stolen, the notary public or the notary public’s personal representative or guardian shall promptly notify the department on discovering that the device is lost or stolen.

140.18 History History: 2019 a. 125.

140.20 140.20 Notification regarding performance of notarial act for remotely located individuals; selection of technology; acceptance of tangible copy of electronic record.

140.20(1) (1) A notary public may select one or more tamper-evident technologies to perform notarial acts with respect to electronic records. A person may not require a notary public to perform a notarial act with respect to an electronic record with a technology that the notary public has not selected.

140.20(2) (2) Before a notary public performs the notary public’s initial notarial act for a remotely located individual under s. 140.145, the notary public shall notify the department that the notary public will be performing notarial acts for remotely located individuals under s. 140.145 and identify the technology the notary public intends to use. If the department has established standards for approval of technology pursuant to s. 140.27, the technology must conform to the standards. If the technology conforms to the standards, the department shall approve the use of the technology.

140.20(3) (3) A register of deeds may accept for recording a tangible copy of an electronic record containing a notarial certificate as satisfying any requirement that a record accepted for recording be an original, if the notarial officer executing the notarial certificate certifies or attests that the tangible copy is an accurate copy of the electronic record.

140.20 History History: 2019 a. 125.

140.24 140.24 Database of notaries public. The department shall maintain an electronic database of notaries public to which all of the following apply:

140.24(1) (1) A person may verify through the database the authority of a notary public to perform notarial acts.

140.24(2) (2) The database indicates whether a notary public has notified the department that the notary public will be performing notarial acts for remotely located individuals under s. 140.145.

140.24 History History: 2019 a. 125.

140.26 140.26 Validity of notarial acts. Except as otherwise provided in s. 140.04 (2), the failure of a notarial officer to perform a duty or meet a requirement specified in this chapter does not invalidate a notarial act performed by the notarial officer. The validity of a notarial act under this chapter does not prevent an aggrieved person from seeking to invalidate the record or transaction that is the subject of the notarial act or from seeking other remedies based on law of this state other than this chapter or law of the United States. This section does not validate a purported notarial act performed by an individual who does not have the authority to perform notarial acts.

140.26 History History: 2019 a. 125.

140.27 140.27 Rules; powers of the department.

140.27(1) (1) 

140.27(1)(a) (a) Subject to pars. (b) and (c), the department shall promulgate rules to implement this chapter. These rules shall do all of the following:

140.27(1)(a)1. 1. Establish maximum fees that may be charged by a notary public for performing a notarial act for a remotely located individual.

140.27(1)(a)2. 2. Prescribe the manner of performing notarial acts regarding tangible and electronic records.

140.27(1)(a)3. 3. Include provisions to ensure that any change to or tampering with a record bearing a certificate of a notarial act is self-evident.

140.27(1)(a)4. 4. Include provisions to ensure integrity in the creation, transmittal, storage, or authentication of electronic records or signatures.

140.27(1)(a)5. 5. Prescribe the process of granting, renewing, conditioning, denying, suspending, or revoking a notary public commission and assuring the trustworthiness of an individual holding a commission as a notary public.

140.27(1)(a)6. 6. Include provisions to prevent fraud or mistake in the performance of notarial acts.

140.27(1)(b) (b) Rules promulgated under par. (a) regarding the performance of notarial acts with respect to electronic records may not require, or accord greater legal status or effect to, the implementation or application of a specific technology or technical specification.

140.27(1)(c) (c) In promulgating rules under par. (a) about notarial acts with respect to electronic records, the department shall consider, so far as is consistent with this chapter, all of the following:

140.27(1)(c)1. 1. The most recent standards regarding electronic records promulgated by national bodies, such as the National Association of Secretaries of State.

140.27(1)(c)2. 2. Standards, practices, and customs of other jurisdictions that substantially enact the revised uniform law on notarial acts (2018) or any subsequent version of this act.

140.27(1)(c)3. 3. The views of governmental officials, entities, and other interested persons.

140.27(2) (2) The department has the power, jurisdiction, and authority to do any of the following:

140.27(2)(a) (a) Investigate to determine whether a person has violated, is violating, or is about to violate this chapter or a rule promulgated or order issued under this chapter. For the purpose of an investigation under the chapter, the department may administer oaths and affirmations, issue subpoenas, take evidence, require the filing of statements, require testimony, and require the production of any records that the department considers relevant or material to the investigation.

140.27(2)(b) (b) Revoke, suspend, or restrict any commission or registration issued under this chapter if the department determines that the person holding the commission or registration has refused to comply with an investigation demand under par. (a) or has violated, is violating, or is about to violate this chapter or any rule promulgated or order issued under this chapter.

140.27 History History: 2019 a. 125.

140.30 140.30 Uniformity of application and construction. In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

140.30 History History: 2019 a. 125.

140.31 140.31 Relation to electronic signatures in global and national commerce act. This chapter modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 USC 7001 to 7031, but does not modify, limit, or supersede section 101 (c) of that act, 15 USC 7001 (c), or authorize electronic delivery of any of the notices described in section 103 (b) of that act, 15 USC 7003 (b).

140.31 History History: 2019 a. 125.

140.34 140.34 Short title. This chapter may be cited as the Revised Uniform Law on Notarial Acts (2018).

140.34 History History: 2019 a. 125.