SB 317

This bill allows a notary public holding a commission from the Department of

Financial Institutions to obtain an additional commission as an online notary public,

which authorizes the notary public to perform online notarial acts for persons who

are not in the same physical location as the notary public. The bill also authorize any

notary public to use an electronic seal in addition to an electronic signature. The bill

further requires registration of online notarization system providers.

Under current law, DFI issues commissions to notaries public. The commission

of an attorney is permanent and the commission of a nonattorney is for a term of four

years. A notary public must maintain an official seal or stamp that, applied to paper,

leaves a legible impression or imprint stating “Notary Public,” “

State of Wisconsin,”

and the name of the notary. Among a notary public's powers, a notary public may

administer oaths and take acknowledgements of deeds or other written instruments.

Every official act of a notary public must be attested by the notary public's written

signature or electronic signature, and the seal or stamp must be applied to notarized

deeds or other written instruments that are acknowledged or sworn to. Under the

Uniform Electronic Transactions Act, as adopted in this state, if a law requires a

person's signature or a record (which may be tangible or electronic) to be notarized,

this requirement is satisfied if the electronic signature of a notary public, together

with any other information required to be included, is attached to or logically

associated with the person's signature or the record.

Current law also includes the Uniform Law on Notarial Acts, as adopted in this

state, which applies to notaries public and others authorized by law to perform

notarial acts. Under the uniform law, a “notarial act” includes, among other actions,

1) taking an acknowledgment (which is a declaration that a person has executed an

instrument and, if executed in a representative capacity, that the person signed the

instrument with proper authority), 2) administering an oath or affirmation, 3)

taking a verification upon oath or affirmation (which is a declaration that a

statement is true, made by a person upon oath or affirmation), and 4) witnessing or

attesting a signature. The uniform law specifies certain requirements for

performing notarials acts, including verification of the identity of the person for

whom the notarial act is performed. When performed by a notary public, a notarial

act must be evidenced by a certificate of notarial act signed and dated by the notary

public that includes identification of the jurisdiction in which the notarial act is

performed and the date of expiration, if any, of the notary public's commission. The

uniform law includes various forms for certificates of notarial acts that provide for

the notary public's seal or stamp to be affixed and include other information. By

executing a certificate of a notarial act, a notary public certifies that he or she has

satisfied the requirements for performing that notarial act.

Under this bill, a person who holds a commission from DFI as a notary public