AB293-ASA1,16,2
1(5) A notarial officer who makes or notes a protest of a negotiable instrument
2shall determine the matters set forth in s. 403.505 (2).
AB293-ASA1,36 3Section 36 . 140.06 of the statutes is created to read:
AB293-ASA1,16,7 4140.06 Personal appearance required. If a notarial act relates to a
5statement made in or a signature executed on a record, the individual making the
6statement or executing the signature shall appear personally before the notarial
7officer.
AB293-ASA1,37 8Section 37 . 140.07 of the statutes is created to read:
AB293-ASA1,16,12 9140.07 Identification of individual. (1) A notarial officer has personal
10knowledge of the identity of an individual appearing before the officer if the
11individual is personally known to the officer through dealings sufficient to provide
12reasonable certainty that the individual has the identity claimed.
AB293-ASA1,16,15 13(2) A notarial officer has satisfactory evidence of the identity of an individual
14appearing before the officer if the officer can identify the individual in any of the
15following ways:
AB293-ASA1,16,1616 (a) By means of any of the following:
AB293-ASA1,16,1917 1. A passport, vehicle operator's license, or government-issued identification
18card, which is current or expired not more than 3 years before performance of the
19notarial act.
AB293-ASA1,16,2320 2. Another form of government identification issued to an individual, which is
21current or expired not more than 3 years before performance of the notarial act,
22contains the signature or a photograph of the individual, and is satisfactory to the
23officer.
AB293-ASA1,17,324 (b) By a verification on oath or affirmation of a credible witness personally
25appearing before the officer and known to the officer or whom the officer can identify

1on the basis of a passport, vehicle operator's license, or government-issued
2identification card, which is current or expired not more than 3 years before
3performance of the notarial act.
AB293-ASA1,17,6 4(3) A notarial officer may require an individual to provide additional
5information or identification credentials necessary to assure the officer of the
6identity of the individual.
AB293-ASA1,38 7Section 38 . 140.08 of the statutes is created to read:
AB293-ASA1,17,10 8140.08 Authority to refuse to perform notarial act. (1) A notarial officer
9may refuse to perform a notarial act if the officer is not satisfied with respect to any
10of the following:
AB293-ASA1,17,1211 (a) That the individual executing the record is competent or has the capacity
12to execute the record.
AB293-ASA1,17,1313 (b) That the individual's signature is knowingly and voluntarily made.
AB293-ASA1,17,15 14(2) A notarial officer may refuse to perform a notarial act unless refusal is
15prohibited by law other than this chapter.
AB293-ASA1,39 16Section 39 . 140.09 of the statutes is created to read:
AB293-ASA1,17,21 17140.09 Signature if individual unable to sign. If an individual is physically
18unable to sign a record, the individual may direct an individual other than the
19notarial officer to sign the individual's name on the record. The notarial officer shall
20insert “Signature affixed by (name of other individual) at the direction of (name of
21individual)” or words of similar import.
AB293-ASA1,40 22Section 40 . 140.10 of the statutes is created to read:
AB293-ASA1,17,24 23140.10 Notarial act in this state. (1) A notarial act may be performed within
24this state by any of the following persons of this state:
AB293-ASA1,17,2525 (a) A notary public of this state.
AB293-ASA1,18,1
1(b) A judge, clerk, or deputy clerk of a court of record.
AB293-ASA1,18,22 (c) A court commissioner.
AB293-ASA1,18,33 (d) A register of deeds or deputy register of deeds.
AB293-ASA1,18,44 (e) A municipal judge.
AB293-ASA1,18,55 (f) A county clerk or deputy county clerk.
AB293-ASA1,18,8 6(2) The signature and title of an individual performing a notarial act in this
7state are prima facie evidence that the signature is genuine and that the individual
8holds the designated title.
AB293-ASA1,18,10 9(3) The signature and title of a notarial officer described in sub. (1) conclusively
10establish the authority of the officer to perform the notarial act.
AB293-ASA1,41 11Section 41 . 140.11 of the statutes is created to read: