Wisconsin Notary Rules You Need to Know

Section 140.06 requires the person making a statement or signing a record to appear personally before the notary. Section 140.07 then gives three ways to establish identity.

You may also ask for more information or credentials under section 140.07(3) whenever something does not add up, and section 140.08 lets you refuse if you doubt the signer's competence or that the signature is voluntary.

Every notarial act needs a certificate under section 140.15. It must be completed at the time of the act, signed the same way as your signature on file with DFI, show where the act took place and your title, and state your commission expiration date. Section 140.02(4) allows the expiration date to be part of the stamp; a permanent commission shows that it is permanent instead. Short-form certificates for acknowledgments, verifications, signature witnessing and copy certification appear in section 140.16.

For a paper record, a commissioned notary must always affix the official stamp, and the handbook stresses that this applies to attorneys too. You may not sign a certificate before the act is performed, and a loose certificate must be securely attached. Keep your stamping device under your control, disable it when the commission ends, and tell DFI promptly if it is lost or stolen under section 140.18.

Section 140.02(9) caps most fees at $5. Taking an acknowledgment and similar services are limited to what other officers may charge, but never more than $5 per document, and the statute's schedule for protests and notices of nonpayment also tops out at $5 per item. The handbook summarizes the rule as no more than $5 for most in-person notarial acts.

Fees for remote notarization are a separate matter that DFI is directed to set by rule under section 140.27. Check DFI's current guidance before charging anything for a remote act.

Section 140.04(2) bars a notarial act on a record to which you or your spouse or domestic partner is a party, or in which either of you has a direct beneficial interest, and makes an act done anyway voidable. The handbook adds the obvious corollary: never notarize your own signature.

Non-attorney notaries may not practice law, which the handbook describes as including drafting wills, deeds, contracts or powers of attorney. Section 140.02(1)(i) goes further for immigration-style abuses: a non-attorney notary may not imply being a lawyer, may not take pay to represent someone in immigration or other administrative matters, and may not use terms such as notario publico in non-English advertising without a prescribed English disclaimer and fee list. Violations can bring fines up to $10,000 and jail time.

Copies of vital records are off limits entirely. The handbook warns against certifying or notarizing copies of birth, death, marriage or divorce certificates and notes penalties of up to $10,000 and three years in prison for producing something that looks like one.

Wisconsin does not require a notary journal for in-person acts, although DFI encourages one and suggests recording the date and type of act, names and signatures, and ID numbers. If you keep one, treat it as part of your official records: section 140.02(7) requires a departing notary, or a deceased notary's personal representative, to deposit official records and papers with DFI.

Section 140.02(5m) imposes a confidentiality duty. Documents and information you see while notarizing may be released to a third party only with the requester's separate written consent, unless a regulator, subpoena or court order requires it. Each violation can bring a forfeiture of up to $500.

Remote online notarization has been lawful since 2019 Wisconsin Act 125. Under section 140.145 a notary located in Wisconsin may act for a remotely located signer using communication technology if identity is established (personal knowledge, a credible witness, or at least two types of identity proofing), the notary can confirm the record is the one the signer used, and an audio-visual recording is made. The recording must be kept at least seven years, and the certificate must state that communication technology was used.

DFI-CCS 25.03 adds that you must use a technology provider approved by DFI and the Remote Notary Council, review DFI's remote-notarization guidance, and be competent with the platform. Estate-planning documents follow a separate route in section 140.147 that requires supervision by a Wisconsin-licensed attorney.

Under DFI-CCS 25.06, DFI may deny, refuse to renew, suspend, revoke or condition a commission for conduct showing a lack of competence, reliability or integrity. Listed grounds include breaking chapter 140, fraud or deceit, certain criminal convictions, misleading advertising, false statements on an application and failing to cooperate with an investigation. Separately, section 140.02(8) makes a notary liable to an injured party for all damages caused by misconduct or neglect, which can far exceed the $500 bond.