Legislation
State: Wisconsin
Signed: March 29, 2024
Effective: March 31, 2024
Chapter: Act No. 258
SummaryAssembly Bill 1099 corrects a conflict regarding the information that must appear in the Notary’s official stamp and makes other amendments relating to the official stamp.
AffectsAmends Section 140.02 and renumbers and amends Section 140.17 of the Wisconsin Statutes.
Changes
- Corrects the conflict in W.S. 140.02(a) and W.S. 140.17 relating to the commission expiration date being required on the official stamp of a Notary in the latter and not being authorized to appear in the former.
- Clarifies that the impression or imprint of an official stamp on a tangible record is deemed an affixation or embossing of the official stamp under W.S. 140.15(2).
- Clarifies that in addition to satisfying the requirement under W.S. 140.15(2), a Notary must include on the certificate of a notarial act either the day, month, and year when the Notary's commission expires or that such commission is permanent.
- Provides that the requirement to include the expiration date of the Notary's commission or an indication that the commission is permanent on a certificate of notarial act may be part of the Notary's 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.
- Makes a technical, non-substantive change in W.S. 140.02(6)(a) by striking the words "seal or rubber" before "stamp" and replacing them with "official" before "stamp."
- Renumbers W.S. 140.17 as W.S. 140.17(1m) and (1m)(a).
- Clarifies in W.S. 140.17(1m)(a) that the official stamp of a Notary must include the words “Notary Public” and “State of Wisconsin” in addition to the Notary's name and any other information required by the Department of Financial Institutions.
- Creates new W.S. 140.17(2m) which reads, “The official stamp of a notary public may include the notary public's commission expiration date if applicable.”
- Creates new W.S. 140.17(3) which reads, "The official stamp of a notary public may not include information other than the information required under sub. (1m) or permitted under sub. (2m)."
- Clarifies that a qualified applicant must 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 of Financial Institutions.
- Clarifies that a resident who is licensed to practice law in Wisconsin must include in the application for a Notary commission an impression or imprint on a tangible record of the applicant’s official stamp.
AnalysisWhen Wisconsin enacted the Revised Uniform Law on Notarial Acts in 2020, a new provision required the Notary to include the Notary’s commission expiration date on the Notary’s official stamp. Previously, the law did authorize the Notary to include the commission expiration date on the stamp. The Wisconsin Department of Financial Institutions subsequently clarified that this created an irreconcilable statutory conflict between W.S. 140.02(3)(a) and W.S. 140.17(1). The former did not allow the commission expiration date in the seal while the latter requires it. Assembly Bill 1099 fixes this conflict and makes other amendments to the Notary statutes, most of which pertain to the Notary’s official stamp.
Read Assembly Bill 1099.