140.17(1m)(a)(a) Include the notary public’s name, the words “Notary Public” and “State of Wisconsin,” and other information required by the department.
140.17(1m)(b)(b) Be capable of being copied together with the record to which it is affixed or attached or with which it is logically associated.
140.17(2m)(2m)The official stamp of a notary public may include the notary public’s commission expiration date if applicable.
140.17(3)(3)The official stamp of a notary public may not include information other than the information required under sub. (1m) or permitted under sub. (2m).
140.17 HistoryHistory: 2019 a. 125; 2023 a. 258.
140.18140.18Stamping device.
140.18(1)(1)
140.18(1)(a)(a) A notary public is responsible for the security of the notary public’s stamping device and may not allow another individual to use the device to perform a notarial act.
140.18(1)(b)(b) On resignation from, or the revocation or expiration of, the notary public’s commission, or on the expiration of the date set forth in the stamping device, if any, the notary public shall disable the stamping device by destroying, defacing, damaging, erasing, or securing it against use in a manner that renders it unusable.
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 HistoryHistory: 2019 a. 125.
140.20140.20Notification 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 HistoryHistory: 2019 a. 125.
140.24140.24Database 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 HistoryHistory: 2019 a. 125.
140.26140.26Validity 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 HistoryHistory: 2019 a. 125.
140.27140.27Rules; 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.