140.145 Notarial act performed for remotely located individual.

640 words·~3 min read·/wi/chapter-140/140-145-4

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

(1)In this section:

(a)“Communication technology” means an electronic device or process that satisfies all of the following:

1. The device or process allows a notary public and a remotely located individual to communicate with each other simultaneously by sight and sound.

2. When necessary and consistent with other applicable law, the device or process facilitates communication with a remotely located individual who has a vision, hearing, or speech impairment.

(b)“Foreign state” means a jurisdiction other than the United States, a state, or a federally recognized Indian tribe.

(c)“Identity proofing” means a process or service by which a 3rd person provides a notary public with a means to verify the identity of a remotely located individual by a review of personal information from public or private data sources.

(d)“Outside the United States” means a location outside the geographic boundaries of the United States, Puerto Rico, the U.S. Virgin Islands, and any territory, insular possession, or other location subject to the jurisdiction of the United States.

(e)“Remotely located individual” means an individual who is not in the physical presence of the notary public who performs a notarial act under sub.

(3).

(1m)For purposes of determining the jurisdiction in which a notarial act is performed for a remotely located individual, the location of the notary public shall be determinative.

(2)A remotely located individual may comply with s. 140.06 by using communication technology to appear before a notary public.

(3)Except for the administration of an oath before a witness at a deposition, a notary public located in this state may perform a notarial act using communication technology for a remotely located individual if all of the following apply:

(a)The notary public has any of the following:

1. Personal knowledge under s. 140.07

(1)of the identity of the individual.

2. Satisfactory evidence of the identity of the remotely located individual by oath or affirmation from a credible witness appearing before the notary public under s. 140.07

(2)or this section.

3. Obtained satisfactory evidence of the identity of the remotely located individual by using at least 2 different types of identity proofing.

(b)The notary public is able reasonably to confirm that a record before the notary public is the same record in which the remotely located individual made a statement or on which the individual executed a signature.

(c)The notary public, or a person acting on behalf of the notary public, creates an audio-visual recording of the performance of the notarial act.

(d)For a remotely located individual located outside the United States, all of the following are satisfied:

1. The record satisfies any of the following requirements:

a. The record is to be filed with or relates to a matter before a public official or court, governmental entity, or other entity subject to the jurisdiction of the United States.

b. The record involves property located in the territorial jurisdiction of the United States or involves a transaction substantially connected with the United States.

2. The act of making the statement or signing the record is not prohibited by the foreign state in which the remotely located individual is located.

(4)If a notarial act is performed under this section, the certificate of notarial act required by s. 140.15 and the short form certificate provided in s. 140.16 must indicate that the notarial act was performed using communication technology.

(5)A short form certificate provided in s. 140.16 for a notarial act subject to this section is sufficient if any of the following applies:

(a)The certificate complies with rules promulgated under sub.

(a).

(b)The certificate is in the form provided in s. 140.16 and contains a statement substantially as follows: “This notarial act involved the use of communication technology.”