140.02 Notaries.

1,125 words·~5 min read·/wi/chapter-140/140-02

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

140.02 Notaries.

(1)Notaries public who are not attorneys.

(a)The department shall appoint notaries public who shall be United States residents and at least 18 years of age. Applicants who are not attorneys shall file an application with the department and pay a $20 fee.

(b)The department shall satisfy itself that the applicant has the equivalent of an 8th grade education, is familiar with the duties and responsibilities of a notary public and, subject to ss. 111.321 , 111.322 and 111.335 , does not have an arrest or conviction record.

(c)If an application is rejected the fee shall be returned.

(d)Qualified applicants shall be notified by the department to take and file the official oath and execute and file an official bond in the sum of $500, with a surety executed by a surety company and approved by the department.

(e)The qualified applicant shall file his or her signature, post-office address, and an impression or imprint on a tangible record of his or her official stamp, with the department.

(f)A certificate of appointment as a notary public for a term of 4 years stating the expiration date of the commission shall be issued to applicants who have fulfilled the requirements of this subsection.

(g)At least 30 days before the expiration of a commission the department shall provide notice of the expiration date to the holder of a commission.

(h)A notary shall be entitled to reappointment.

(i)A notary public appointed under this subsection may not do any of the following:

1. State or imply that he or she is an attorney licensed to practice law in this state.

2. Solicit or accept compensation to prepare documents for or otherwise represent the interests of another person in a judicial or administrative proceeding, including a proceeding relating to immigration to the United States or U.S. citizenship.

3. Solicit or accept compensation to obtain relief of any kind on behalf of another person from any officer, agent, or employee of this state, a political subdivision of this state, or the United States.

4. Use the phrase “notario,” “notarizaciones,” “notarizamos,” or “notario publico,” or otherwise advertise in a language other than English on signs, pamphlets, stationery, or other written communication, by radio or television, or on the Internet his or her services as a notary public if the advertisement fails to include, in English and the language of the advertisement, all of the following:

a. The statement, if in a written advertisement, in all capital letters and the same type size: “I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN WISCONSIN AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.” If the advertisement is given orally, the statement may be modified but must include substantially the same message and be understandable.

b. The fees that a notary public may charge under sub.

(9).

(j)The prohibitions under par.

(i)2. and 3. do not apply to a notary public who is an accredited representative, as defined in 8 CFR 292.1

(4).

(k)A person who violates par.

(i)may be fined not more than $10,000 or imprisoned for not more than 9 months or both. A person who commits a 2nd or subsequent violation of par.

(i)may be fined not more than $10,000 or imprisoned for not more than 6 years or both.

(2)Notaries public who are attorneys.

(a)Except as provided in par.

(am), any United States resident who is licensed to practice law in this state is entitled to a permanent commission as a notary public upon application to the department and payment of a $50 fee. The application shall include a certificate of good standing from the supreme court, the signature and post-office address of the applicant and an impression or imprint on a tangible record of the applicant’s official stamp.

(am)If a United States resident has his or her license to practice law in this state suspended or revoked, upon reinstatement of his or her license to practice law in this state, the person may be entitled to receive a certificate of appointment as a notary public for a term of 4 years. An eligible notary appointed under this paragraph is entitled to reappointment for 4-year increments. At least 30 days before the expiration of a commission under this paragraph the department shall provide notice of the expiration date to the holder of the commission.

(b)The department shall issue a certificate of appointment as a notary public to persons who qualify under the requirements of this subsection. The certificate shall state that the notary commission is permanent or is for 4 years.

(c)The supreme court shall file with the department notice of the surrender, suspension, or revocation of the license to practice law of any attorney who holds a permanent commission as a notary public. Such notice shall be deemed a revocation of said commission.

(3)Official stamp.

(a)Every notary public shall provide an official stamp that satisfies the requirements under s. 140.17 .

(b)The impression or imprint of the official stamp on a tangible record, or the impression upon wafer, wax, or other adhesive substance and affixed to or embossed on a tangible record, shall be deemed an affixation or embossing of the official stamp under s. 140.15

(2).

(4)Attestation.

(a)Every official act of a notary public shall be attested by the notary public’s written signature or electronic signature.

(b)In addition to satisfying the applicable requirement under s. 140.15

(2), a notary public who performs a notarial act within this state shall include on the certificate either the day, month, and year when the notary public’s commission expires or that such commission is permanent. This information may be part of the official stamp affixed to or embossed on the certificate, written on the certificate if it is a tangible record, or attached to or logically associated with the certificate.

(c)The official certificate of any notary public, when attested and completed in the manner provided by this subsection, shall be presumptive evidence in all cases, and in all courts of the state, of the facts therein stated, in cases where by law a notary public is authorized to certify such facts.

(5)Powers. Notaries public have power to act throughout the state. Notaries public have power to demand acceptance of foreign and inland bills of exchange and payment thereof, and payment of promissory notes, and may protest the same for nonacceptance or nonpayment, may administer oaths, take depositions and acknowledgments of deeds, and perform such other duties as by the law of nations, or according to commercial usage, may be exercised and performed by notaries public.