Chapter 140

140.05 140.05 Requirements for certain notarial acts.

140.05(1) (1) A notarial officer who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the acknowledgment has the identity claimed and that the signature on the record is the signature of the individual.

140.05(2) (2) A notarial officer who takes a verification of a statement on oath or affirmation shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the verification has the identity claimed and that the signature on the statement verified is the signature of the individual.

140.05(3) (3) A notarial officer who witnesses or attests to a signature shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and signing the record has the identity claimed.

140.05(4) (4) A notarial officer who certifies or attests a copy of a record or an item that was copied shall determine that the copy is a full, true, and accurate transcription or reproduction of the record or item.

140.05(5) (5) A notarial officer who makes or notes a protest of a negotiable instrument shall determine the matters set forth in s. 403.505 (2).

140.05 History History: 2019 a. 125.

140.06 140.06 Personal appearance required. If a notarial act relates to a statement made in or a signature executed on a record, the individual making the statement or executing the signature shall appear personally before the notarial officer.

140.06 History History: 2019 a. 125.

140.07 140.07 Identification of individual.

140.07(1) (1) A notarial officer has personal knowledge of the identity of an individual appearing before the officer if the individual is personally known to the officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed.

140.07(2) (2) A notarial officer has satisfactory evidence of the identity of an individual appearing before the officer if the officer can identify the individual in any of the following ways:

140.07(2)(a) (a) By means of any of the following:

140.07(2)(a)1. 1. A passport, vehicle operator’s license, or government-issued identification card, which is current or expired not more than 3 years before performance of the notarial act.

140.07(2)(a)2. 2. Another form of government identification issued to an individual, which is current or expired not more than 3 years before performance of the notarial act, contains the signature or a photograph of the individual, and is satisfactory to the officer.

140.07(2)(b) (b) By a verification on oath or affirmation of a credible witness personally appearing before the officer and known to the officer or whom the officer can identify on the basis of a passport, vehicle operator’s license, or government-issued identification card, which is current or expired not more than 3 years before performance of the notarial act.

140.07(3) (3) A notarial officer may require an individual to provide additional information or identification credentials necessary to assure the officer of the identity of the individual.

140.07 History History: 2019 a. 125.

140.08 140.08 Authority to refuse to perform notarial act.

140.08(1) (1) A notarial officer may refuse to perform a notarial act if the officer is not satisfied with respect to any of the following:

140.08(1)(a) (a) That the individual executing the record is competent or has the capacity to execute the record.

140.08(1)(b) (b) That the individual’s signature is knowingly and voluntarily made.

140.08(2) (2) A notarial officer may refuse to perform a notarial act unless refusal is prohibited by law other than this chapter.

140.08 History History: 2019 a. 125.

140.09 140.09 Signature if individual unable to sign. If an individual is physically unable to sign a record, the individual may direct an individual other than the notarial officer to sign the individual’s name on the record. The notarial officer shall insert “Signature affixed by (name of other individual) at the direction of (name of individual)” or words of similar import.

140.09 History History: 2019 a. 125.

140.10 140.10 Notarial act in this state.

140.10(1) (1) A notarial act may be performed within this state by any of the following persons of this state:

140.10(1)(a) (a) A notary public of this state.

140.10(1)(b) (b) A judge, clerk, or deputy clerk of a court of record.

140.10(1)(c) (c) A court commissioner.

140.10(1)(d) (d) A register of deeds or deputy register of deeds.

140.10(1)(e) (e) A municipal judge.

140.10(1)(f) (f) A county clerk or deputy county clerk.

140.10(2) (2) The signature and title of an individual performing a notarial act in this state are prima facie evidence that the signature is genuine and that the individual holds the designated title.

140.10(3) (3) The signature and title of a notarial officer described in sub. (1) conclusively establish the authority of the officer to perform the notarial act.

140.10 History History: 2019 a. 125.

140.11 140.11 Notarial act in another state.

140.11(1) (1) A notarial act performed in another state has the same effect under the law of this state as if performed by a notarial officer of this state, if the act performed in that state is performed by any of the following:

140.11(1)(a) (a) A notary public of that state.

140.11(1)(b) (b) A judge, clerk, or deputy clerk of a court of that state.

140.11(1)(c) (c) Any other individual authorized by the law of that state to perform the notarial act.

140.11(2) (2) The signature and title of an individual performing a notarial act in another state are prima facie evidence that the signature is genuine and that the individual holds the designated title.

140.11(3) (3) The signature and title of a notarial officer described in sub. (1) (a) or (b) conclusively establish the authority of the officer to perform the notarial act.

140.11 History History: 2019 a. 125.

140.12 140.12 Notarial act under authority of federally recognized Indian tribe.

140.12(1) (1) A notarial act performed under the authority and in the jurisdiction of a federally recognized Indian tribe has the same effect as if performed by a notarial officer of this state, if the act performed in the jurisdiction of the tribe is performed by any of the following:

140.12(1)(a) (a) A notary public of the tribe.

140.12(1)(b) (b) A judge, clerk, or deputy clerk of a court of the tribe.

140.12(1)(c) (c) Any other individual authorized by the law of the tribe to perform the notarial act.

140.12(2) (2) The signature and title of an individual performing a notarial act under the authority of and in the jurisdiction of a federally recognized Indian tribe are prima facie evidence that the signature is genuine and that the individual holds the designated title.

140.12(3) (3) The signature and title of a notarial officer described in sub. (1) (a) or (b) conclusively establish the authority of the officer to perform the notarial act.

140.12 History History: 2019 a. 125.

140.13 140.13 Notarial act under federal authority.

140.13(1) (1) A notarial act performed under federal law has the same effect under the law of this state as if performed by a notarial officer of this state, if the act performed under federal law is performed by any of the following:

140.13(1)(a) (a) A judge, clerk, or deputy clerk of a court.

140.13(1)(b) (b) An individual in military service or performing duties under the authority of military service who is authorized to perform notarial acts under federal law.

140.13(1)(c) (c) An individual designated a notarizing officer by the federal department of state for performing notarial acts overseas.

140.13(1)(d) (d) Any other individual authorized by federal law to perform the notarial act.

140.13(2) (2) The signature and title of an individual acting under federal authority and performing a notarial act are prima facie evidence that the signature is genuine and that the individual holds the designated title.

140.13(3) (3) The signature and title of an officer described in sub. (1) (a), (b), or (c) conclusively establish the authority of the officer to perform the notarial act.

140.13 History History: 2019 a. 125.

140.14 140.14 Foreign notarial act.

140.14(1) (1) In this section, “foreign state” means a government other than the United States, a state, or a federally recognized Indian tribe.

140.14(2) (2) If a notarial act is performed under authority and in the jurisdiction of a foreign state or constituent unit of the foreign state or is performed under the authority of a multinational or international governmental organization, the act has the same effect under the law of this state as if performed by a notarial officer of this state.

140.14(3) (3) If the title of office and indication of authority to perform notarial acts in a foreign state appear in a digest of foreign law or in a list customarily used as a source for that information, the authority of an officer with that title to perform notarial acts is conclusively established.

140.14(4) (4) The signature and official stamp of an individual holding an office described in sub. (3) are prima facie evidence that the signature is genuine and the individual holds the designated title.

140.14(5) (5) An apostille in the form prescribed by the Hague Convention of October 5, 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 indicated office.

140.14(6) (6) A consular authentication issued by an individual designated by the federal department of state as a notarizing officer for performing notarial acts overseas and attached to the record with respect to which the notarial act is performed conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office.

140.14 History History: 2019 a. 125.

140.145 140.145 Notarial act performed for remotely located individual.

140.145(1) (1) In this section:

140.145(1)(a) (a) “Communication technology” means an electronic device or process that satisfies all of the following:

140.145(1)(a)1. 1. The device or process allows a notary public and a remotely located individual to communicate with each other simultaneously by sight and sound.

140.145(1)(a)2. 2. When necessary and consistent with other applicable law, the device or process facilitates communication with a remotely located individual who has a vision, hearing, or speech impairment.

140.145(1)(b) (b) “Foreign state” means a jurisdiction other than the United States, a state, or a federally recognized Indian tribe.

140.145(1)(c) (c) “Identity proofing” means a process or service by which a 3rd person provides a notary public with a means to verify the identity of a remotely located individual by a review of personal information from public or private data sources.

140.145(1)(d) (d) “Outside the United States” means a location outside the geographic 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 States.

140.145(1)(e) (e) “Remotely located individual” means an individual who is not in the physical presence of the notary public who performs a notarial act under sub. (3).

140.145(1m) (1m) For purposes of determining the jurisdiction in which a notarial act is performed for a remotely located individual, the location of the notary public shall be determinative.

140.145(2) (2) A remotely located individual may comply with s. 140.06 by using communication technology to appear before a notary public.

140.145(3) (3) Except for the administration of an oath before a witness at a deposition, a notary public located in this state may perform a notarial act using communication technology for a remotely located individual if all of the following apply:

140.145(3)(a) (a) The notary public has any of the following:

140.145(3)(a)1. 1. Personal knowledge under s. 140.07 (1) of the identity of the individual.

140.145(3)(a)2. 2. Satisfactory evidence of the identity of the remotely located individual by oath or affirmation from a credible witness appearing before the notary public under s. 140.07 (2) or this section.

140.145(3)(a)3. 3. Obtained satisfactory evidence of the identity of the remotely located individual by using at least 2 different types of identity proofing.

140.145(3)(b) (b) The notary public is able reasonably to confirm that a record before the notary public is the same record in which the remotely located individual made a statement or on which the individual executed a signature.

140.145(3)(c) (c) The notary public, or a person acting on behalf of the notary public, creates an audio-visual recording of the performance of the notarial act.

140.145(3)(d) (d) For a remotely located individual located outside the United States, all of the following are satisfied: