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Wisconsin Notary 101-Introduction

By
Services for Real Estate Pros with Central Wisconsin Notary

What I hope to achieve is a little bit of education to the public and others on Wisconsin Notary Law and Procedure.  I have been a Wisconsin Notary for over 3 years and take great pride in knowing the law.  I feel it is important as I am commissioned by the State of Wisconsin to be a public official.  There are responsibilities that a Notary needs to know in order to effectively perform their duties.  In these blogs I will be quoting from our Wisconsin Notary Pamphlet along with education I have received from organizations such as the American Society of Notaries of which I am a proud member.  Other information might be situations I have encountered and not being able to directly find the answers in our pamphlet, I have contacted our Secretary of State to get the answer.

Lets start with what is a Wisconsin Notary? Quoted from our Notary Pamphlet

"A Notary Public is an individual issued by appointment by the Governor or Secretary of State to serve the public as an impartial witness, performing notarial acts as are allowed or required by law"

Notarial Acts for the Wisconsin Notary are:

  • Taking an Acknowledgment
  • Administering an Oath or Affirmation
  • Taking a Verification upon Oath or Affirmation
  • Witnessing or Attesting a Signature
  • Certifying or Attesting a copy of a document or other item
  • Noting a protest of a Negotiable Instrument

Parts of the Notary Act are:

  • The person who is having their signature notarized MUST appear in front of the Notary
  • Positively ID the person who is having their signature Notarized
  • Determine the person signing the document is signing of their own free will and signing the document for the purposes contained within the document.  For a Sworn Document, the person swears or affirms the contents of the document are correct or true which is by the Notary administering an Oath or Affirmation and the person confirms with a Yes or No 
  • The Notary then completes the Notary Act with a Notarial Certificate with the correct verbiage for the act performed

My notes: In the State of Wisconsin, we are not required to keep a Notary Journal.  A Notary Journal is a record of all Notarial Events that a Notary performs.  I do keep one as I do many Notarizations and feel it is important should the Notarization ever become a legal issue.

To positively ID someone, the ID method should not be expired, should be readable, with a picture of the person, birth-date, and a signature.  Our statutes do not define exactly what forms of ID to use. 

ID's I use are:

  • State Drivers License
  • State Identification Card
  • Passport
  • Current Military ID

Please feel free to leave any questions or comments to this blog.

Lisa Kimmel Signature

CWN Signature

 

Jeff Kessler
Austin Homes, Realtors www.OwnAustin.com - Austin, TX
Broker,CLHMS,GRI

Just wanted to say Hi,  I live in Texas now, but used to live in Madison and Milwaukee.  Moved away cause of the weather.  Hope things are well.  Good post

J

 

Nov 14, 2007 09:17 AM
Lisa Kimmel
Central Wisconsin Notary - Stevens Point, WI
Mobile Loan Closer - Notary
Well how are ya Jeff.  I used to live in Texas although I am a Wisconsin Native.  Loved it down there.  Yes, speaking of the weather, its coming!!  The good ol Wisconsin Winter.  Oh well, Im a firm believer the cold weather up here preserves us.  One can hope anyway.  Nice to see you and have a good night.
Nov 14, 2007 09:35 AM