140.147(3)(b)
(b) The remotely located individual attests to being physically located in this state during the 2-way, real-time audiovisual communication.
140.147(3)(c)
(c) The notary public attests to being physically located in this state during the 2-way, real-time audiovisual communication.
140.147(3)(d)
(d) The remotely located individual positively confirms the remotely located individual's identity. If the remotely located individual is not personally known to the notary public and the supervising attorney, the remotely located individual shall provide satisfactory evidence of the remotely located individual's identity as provided in s.
140.07.
140.147(3)(e)
(e) The remotely located individual identifies anyone else present in the same physical location as the remotely located individual. If possible, the remotely located individual shall make a visual sweep of the remotely located individual's physical surroundings so that the notary public and the supervising attorney can confirm the presence of any other persons.
140.147(3)(f)
(f) The remotely located individual displays the estate planning document, confirms the total number of pages and the page number on which the remotely located individual's signature is to be affixed, and declares to the notary public and the supervising attorney that the remotely located individual is 18 years of age or older, that the document is the remotely located individual's estate planning document, and that the document is being executed as a voluntary act.
140.147(3)(g)
(g) The remotely located individual, or another individual 18 years of age or older authorized to sign on behalf of the remotely located individual at the express direction and in the physical presence of the remotely located individual, signs the estate planning document in a manner that allows the notary public and the supervising attorney to see the signing. If the estate planning document is signed by someone on behalf of the remotely located individual, the signing shall comply with s.
140.09.
140.147(3)(h)
(h) The audiovisual communication technology used allows communication by which a person is able to see, hear, and communicate in an interactive way with another person in real time using electronic means, except that if the remotely located individual, the notary public, or the supervising attorney has an impairment that affects hearing, sight, or speech, assistive technology or learned skills may be substituted for audio or visual if it allows that person to actively participate in the signing in real time.
140.147(3)(i)
(i) The estate planning document indicates that it is being executed pursuant to this section.
140.147(3)(j)1.
1. The remotely located individual, or another person at the direction of the remotely located individual, personally delivers or transmits by U.S. mail or commercial courier service the entire signed original estate planning document to the supervising attorney within a reasonable time after the signing. The supervising attorney then personally delivers or transmits by U.S. mail or commercial courier service the entire signed original estate planning document to the notary public within a reasonable time. The notary public then performs the intended notarial act and forwards the entire original estate planning document by personal delivery or U.S. mail or commercial courier service to the supervising attorney within a reasonable time.
140.147(3)(j)2.
2. The remotely located individual, or another person at the direction of the remotely located individual, personally delivers or transmits by U.S. mail or commercial courier service the entire signed original estate planning document to the supervising attorney within a reasonable time after the signing and transmits by facsimile or electronic means a legible copy of the entire signed estate planning document directly to the notary public within a reasonable time after the signing. The notary public then performs the intended notarial act and personally delivers or transmits by U.S. mail or commercial courier service the entire signed copy of the estate planning document to the supervising attorney within a reasonable time. The signed original and signed copy together shall constitute one original document unless the supervising attorney, within a reasonable time after receiving the signed original and signed copy, compiles the signed original and signed copy into one document by attaching the page or pages containing the notarial act to the original signed by or on behalf of the remotely located individual, in which case the compiled document shall constitute the original.
140.147(3)(j)3.
3. The remotely located individual, or another person at the express direction of the remotely located individual, and the notary public sign identical copies of the original estate planning document. The remotely located individual, or another person at the direction of the remotely located individual, and the notary public personally deliver or transmit by U.S. mail or commercial courier service the signed originals to the supervising attorney within a reasonable time after the signing and performance of the notarial act. All of the originals together shall constitute one document unless the supervising attorney, within a reasonable time after receiving all signed originals, compiles the originals into one document by attaching the page or pages containing the notarial act to the original signed by or on behalf of the remotely located individual, in which case the compiled document shall constitute the original.
140.147(3)(k)
(k) The supervising attorney completes and attaches to the estate planning document an affidavit of compliance that contains the following information:
140.147(3)(k)1.
1. The name and residential address of the remotely located individual.
140.147(3)(k)2.
2. The name and residential or business address of the notary public.
140.147(3)(k)3.
3. The address within the state where the remotely located individual was physically located at the time that the estate planning document was signed by the remotely located individual or another individual on behalf of the remotely located individual.
140.147(3)(k)4.
4. The address within the state where the notary public was physically located at the time the notary public witnessed the remotely located individual's signing of the estate planning document.
140.147(3)(k)5.
5. A statement that the remotely located individual and notary public were known to each other and the supervising attorney or a description of the form of identification used to confirm the identity of the remotely located individual.
140.147(3)(k)6.
6. The identity of anyone else present in the same physical location as the remotely located individual during the signing.
140.147(3)(k)7.
7. Confirmation that the remotely located individual declared that the remotely located individual is 18 years of age or older, that the document is the remotely located individual's estate planning document, and that the document was being executed as the remotely located individual's voluntary act.
140.147(3)(k)8.
8. Confirmation that the notary public and the supervising attorney were able to see the remotely located individual, or an individual 18 years of age or older at the express direction and in the physical presence of the remotely located individual, sign, and that the remotely located individual appeared to be 18 years of age or older and acting voluntarily.
140.147(3)(k)9.
9. A description of the audiovisual technology used for the signing process.
140.147(3)(k)10.
10. If the estate planning document was not signed in counterpart, a description of the method used to forward the estate planning document to the notary public and to the supervising attorney upon completion of the signing process.
140.147(3)(k)11.
11. If the estate planning document was signed in counterpart, a description of the method used to forward each counterpart to the supervising attorney and, if applicable, how and when the supervising attorney physically compiled the signed paper counterparts into a single document.
140.147(3)(k)12.
12. The name, state bar number, and business or residential address of the supervising attorney.
140.147(3)(k)13.
13. Any other information that the supervising attorney considers to be material with respect to the remotely located individual's capacity to sign a valid estate planning document, the remotely located individual's and notary public's compliance with this section, or any other information that the supervising attorney deems relevant to the signing of the estate planning document.
140.147(4)
(4) An affidavit of compliance completed and attached to the estate planning document pursuant to sub.
(3) (k) shall serve as conclusive evidence that the estate planning document was executed in compliance with this section.
140.147(5)
(5) An affidavit of compliance shall be in substantially the following form:
AFFIDAVIT OF COMPLIANCE
State of ....
County of ....
The undersigned, being first duly sworn under oath, states as follows:
This Affidavit of Compliance is executed pursuant to Wis. Stat. §
140.147 to document the signing of the [name of estate planning document] of [name of remotely located individual] via remote appearance by 2-way, real-time audiovisual communication technology on [date].
1. The name and residential address of the remotely located individual is ....
2. The name and [residential or business] address of the notary public is ....
3. The address within the state of Wisconsin where the remotely located individual was physically located at the time the remotely located individual signed the estate planning document is ....
4. The address within the state of Wisconsin where the notary public was physically located at the time the notary public witnessed the remotely located individual's signing of the estate planning document is ....
5. The remotely located individual and notary public were known to each other and to the supervising attorney. - OR - The remotely located individual and notary public were not known to each other and to the supervising attorney. The remotely located individual produced the following form of photo identification to confirm his or her identity:
....
6. The following persons were in the same physical location as the remotely located individual during the signing:
....
7. The remotely located individual declared that the remotely located individual is 18 years of age or older, that the document is the remotely located individual's [name of estate planning document], and that the document was being executed as the remotely located individual's voluntary act.
8. The notary public and the supervising attorney were able to see the remotely located individual sign or another individual on behalf of the remotely located individual sign. The remotely located individual appeared to be 18 years of age or older and acting voluntarily.
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)(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: ....]
