706.07(3)(a)(a) A notarial act may be performed within this state by the following persons of this state:
706.07(3)(a)2.
2. A judge, clerk or deputy clerk of a court of record;
706.07(3)(b)
(b) Notarial acts performed within this state under federal authority as provided in
sub. (5) have the same effect as if performed by a notarial officer of this state.
706.07(3)(c)
(c) The signature and title of a person performing a notarial act are prima facie evidence that the signature is genuine and that the person holds the designated title.
706.07(4)
(4) Notarial acts in other jurisdictions of the United States. 706.07(4)(a)(a) A notarial act has the same effect under the law of this state as if performed by a notarial officer of this state, if performed in another state, commonwealth, territory, district, or possession of the United States by any of the following persons:
706.07(4)(a)2.
2. A judge, clerk, or deputy clerk of a court of that jurisdiction; or
706.07(4)(a)3.
3. Any other person authorized by the law of that jurisdiction to perform notarial acts.
706.07(4)(b)
(b) Notarial acts performed in other jurisdictions of the United States under federal authority as provided in
sub. (5) have the same effect as if performed by a notarial officer of this state.
706.07(4)(c)
(c) The signature and title of a person performing a notarial act are prima facie evidence that the signature is genuine and that the person holds the designated title.
706.07(4)(d)
(d) The signature and indicated title of an officer listed in
par. (a) 1. or
2. conclusively establish the authority of a holder of that title to perform a notarial act.
706.07(5)
(5) Notarial acts under federal authority. 706.07(5)(a)(a) A notarial act has the same effect under the law of this state as if performed by a notarial officer of this state if performed anywhere by any of the following persons under authority granted by the law of the United States:
706.07(5)(a)2.
2. A commissioned officer on active duty in the military service of the United States.
706.07(5)(a)3.
3. An officer of the foreign service or consular officer of the United States.
706.07(5)(a)4.
4. Any other person authorized by federal law to perform notarial acts.
706.07(5)(b)
(b) The signature and title of a person performing a notarial act are prima facie evidence that the signature is genuine and that the person holds the designated title.
706.07(5)(c)
(c) The signature and indicated title of an officer listed in
par. (a) 1.,
2. or
3. conclusively establish the authority of a holder of that title to perform a notarial act.
706.07(6)(a)(a) A notarial act has the same effect under the law of this state as if performed by a notarial officer of this state if performed within the jurisdiction of and under authority of a foreign nation or its constituent units or a multinational or international organization by any of the following persons:
706.07(6)(a)2.
2. A judge, clerk, or deputy clerk of a court of record; or
706.07(6)(a)3.
3. Any other person authorized by the law of that jurisdiction to perform notarial acts.
706.07(6)(b)
(b) An "apostille" in the form prescribed by the Hague convention of October 5, 1961, conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office.
706.07(6)(c)
(c) A certificate by a foreign service or consular officer of the United States stationed in the nation under the jurisdiction of which the notarial act was performed, or a certificate by a foreign service or consular officer of that nation stationed in the United States, conclusively establishes any matter relating to the authenticity or validity of the notarial act set forth in the certificate.
706.07(6)(d)
(d) An official stamp or seal of the person performing the notarial act is prima facie evidence that the signature is genuine and that the person holds the indicated title.
706.07(6)(e)
(e) An official stamp or seal of an officer listed in
par. (a) 1. or
2. is prima facie evidence that a person with the indicated title has authority to perform notarial acts.
706.07(6)(f)
(f) If the title of office and indication of authority to perform notarial acts appears either 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.
706.07(7)(a)(a) A notarial act must be evidenced by a certificate signed and dated by a notarial officer. The certificate must include identification of the jurisdiction in which the notarial act is performed and the title of the office of the notarial officer and may include the official stamp or seal of office. If the officer is a notary public, the certificate must also indicate the date of expiration, if any, of the commission of office, but omission of that information may subsequently be corrected. If the officer is a commissioned officer on active duty in the military service of the United States, it must also include the officer's rank.
706.07(7)(b)
(b) A certificate of a notarial act is sufficient if it meets the requirements of
par. (a) and it:
706.07(7)(b)2.
2. Is in a form otherwise prescribed by the law of this state;
706.07(7)(b)3.
3. Is in a form prescribed by the laws or regulations applicable in the place in which the notarial act was performed; or
706.07(7)(b)4.
4. Sets forth the actions of the notarial officer and those are sufficient to meet the requirements of the designated notarial act.
706.07(7)(c)
(c) By executing a certificate of a notarial act, the notarial officer certifies that the officer has made the determination required by
sub. (2).
706.07(8)
(8) Short forms. The following short form certificates of notarial acts are sufficient for the purposes indicated, if completed with the information required by
sub. (7) (a):
706.07(8)(a)
(a) For an acknowledgment in an individual capacity:
State of ....
County of ....
This instrument was acknowledged before me on (date) by (name(s) of person(s)).
....(Signature of notarial officer)
(Seal, if any)
....Title (and Rank) [My commission expires: ....]
706.07(8)(b)
(b) For an acknowledgment in a representative capacity:
State of ....
County of ....
This instrument was acknowledged before me on (date) by (name(s) of person(s)) as (type of authority, e.g., officer, trustee, etc.) of (name of party on behalf of whom instrument was executed).
.... (Signature of notarial officer)
(Seal, if any)
....Title (and Rank) [My commission expires: ....]
706.07(8)(c)
(c) For a verification upon oath or affirmation:
State of ....
County of ....
Signed and sworn to (or affirmed) before me on (date) by (name(s) of person(s) making statement).
....(Signature of notarial officer)
(Seal, if any)
....Title (and Rank) [My commission expires: ....]
State of ....
County of ....
Signed or attested before me on (date) by (name(s) of person(s)).
....(Signature of notarial officer)
(Seal, if any)
....Title (and Rank) [My commission expires: ....]
State of ...
County of ....
I certify that this is a true and correct copy of a document in the possession of ....
Dated: ....
....(Signature of notarial officer)
(Seal, if any)
.....Title (and Rank) [My commission expires: ....]
706.07(9)
(9) Notarial acts affected by this section. This section applies to notarial acts performed on or after November 1, 1984.
706.07(10)
(10) Uniformity of application and construction. This section shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this section among states enacting it.
706.07(11)
(11) Short title. This section may be cited as the uniform law on notarial acts.
706.08
706.08
Nonrecording, effect. 706.08(1)(a)(a) Except for patents issued by the United States or this state, or by the proper officers of either, every conveyance that is not recorded as provided by law shall be void as against any subsequent purchaser, in good faith and for a valuable consideration, of the same real estate or any portion of the same real estate whose conveyance is recorded first.
706.08(1)(b)
(b) A conveyance of mineral interests which is not recorded in the office of the register of deeds of the county in which the land is located, within 30 days after it is signed by the lessor, is void.
