How to Become a Notary in Wisconsin

How do I renew my notary commission in Wisconsin?

The Wisconsin Department of Financial Institutions is legally required to provide notice of the commission expiration date to each notary public at least thirty days before the commission expiration date by email or mail (WS §140.02[1][g]). The reappointment procedure is the same as the initial appointment as a notary public for new applicants. A notary public should submit his or her notary application at least two weeks before their commission expires to avoid any lapses in commission appointments. If a notary public receives the Expiration Notice postcard with the renewal code on it, the renewing notary could expedite the renewal application process by using the renewal code. To apply for reappointment as a notary using the renewal service online, go to https://www.wdfi.org/apps/notary/.

Who appoints notaries in Wisconsin?

The Wisconsin Department of Financial Institutions receives applications for appointment and reappointment as a notary public, administers the commissioning process, and maintains an electronic database of active notaries. Contact information for the Wisconsin Department of Financial Institutions is as follows:

Wisconsin Department of Financial Institutions
Notary Records Section
P.O. Box 7847
Madison, WI 53707-7847
608-266-8915
http://www.wdfi.org/Apostilles_Notary_Public_and_Trademarks/defaultNotary.htm

Can a non-resident of Wisconsin apply for a commission as a notary public?

Yes. Any non-resident of Wisconsin who is living in the United States may apply for a Wisconsin notary public commission, but the non-resident must meet all the legal requirements for appointment as a notary public.

How long is a notary public's commission term in Wisconsin?

The term of office of a Wisconsin notary public is four years commencing with the date specified in the notary public commission. However, a notary’s commission may be rendered void:   

1. By resignation
2. By death
3. By revocation
4. When the notary public ceases to reside in the United States

A Wisconsin permanent notary public commission issued to an attorney licensed to practice law in Wisconsin may be rendered void:  

1. By a suspended law license
2. By a revoked law license
3. When the notary-attorney ceases to practice law in Wisconsin
4. When the notary-attorney ceases to reside in the United States

If an attorney’s license to practice law in Wisconsin has been reinstated after being suspended or revoked, the attorney seeking an appointment as a Wisconsin notary public may only apply for a four-year commission term.

Is notary training or an exam required to become a notary or to renew a notary commission in Wisconsin?

Yes. The Wisconsin notary statute requires all initial applicants seeking appointments as notaries public and renewing notaries public to be familiar with the duties and responsibilities of a notary public (WS §140.02[1][b]). To satisfy this legal requirement, all new applicants and renewing notaries must take the free Online Notary Public Tutorial and score at least 90% on the exam within one year of submitting an application for appointment or reappointment as a notary public.  After successfully completing the exam, the notary applicant and/or renewing notary public must print out the certificate and mail it with his or her notary application. The exam results are not stored in the system. The online notary exam may be taken an unlimited number of times until the notary applicant passes the online notary exam to obtain the completion certificate and proceed with the notary application process. For questions regarding the Wisconsin Notary Public Education Course, please contact the State of Wisconsin Department of Financial Institutions at DFINotary@dfi.wisconsin.gov.  To begin the exam, click here: Notary Public Tutorial/Exam.

How much does it cost to become a notary public in Wisconsin?

A Wisconsin notary applicant’s expenses may include the following:  

1. A $20 filing fee to process the application for appointment or reappointment as a notary public for non-attorney applicants.
2. A $50 filing fee to process the application for a permanent notary public commission for attorneys licensed in Wisconsin.
3. The cost of a $500 surety bond.
4. The cost of an official stamp;
5. The cost of a notary journal to record all notarial acts performed if the notary public wishes to maintain one as recommended by the Wisconsin Department of Financial Institutions.
6. The fee for an E&O insurance policy if a notary public wishes to purchase one for his or her personal protection against liability.

Do I need a notary errors and omissions (E&O) insurance policy to become a notary in Wisconsin?

Errors and omissions insurance is optional in Wisconsin. Although such a policy is not legally required, the American Association of Notaries recommends that Wisconsin notaries public obtain errors and omissions insurance for their personal protection against liability. Errors and omissions insurance is designed to protect notaries public from liability against unintentional notarial mistakes or omissions that result in financial or other type of loss to the public or from a document signer who sues a notary public for recovery. An E&O insurance policy customarily covers legal fees and damages based on the coverage a notary public selects.

Do I need a notary bond to become a notary in Wisconsin?

A surety bond in the amount of $500 is required for new and renewing notaries public. The surety bond must be issued by an insurance/surety company licensed to write surety bonds in the State of Wisconsin. A “blanket bond” issued for employment purposes does not fulfill this legal obligation. No bond is required for attorneys licensed to practice law in Wisconsin who are applying for a Wisconsin permanent notary public commission.

Do I need to order a notary stamp in Wisconsin?

The Wisconsin notary statute requires all notaries public, including notary-attorneys, to affix a clear impression of their engraved official seal (embosser) or official rubber stamp every time a notarial act is performed (WS §§140.02[3] & 140.17).

Dimensions: The official stamp or seal may be of any size or shape according to the Wisconsin Department of Financial Institutions “Notary Public Information” publication.

Required Elements: Section 140.02(3) prescribes that the following three elements must be included in an official stamp or seal:

1. The notary public’s name
2. The words “Notary Public”
3. The words “State of Wisconsin”

Section 140.17, however, prescribes that the official stamp of a notary public must include:

1. The notary public’s name
2. Jurisdiction
3. Commission expiration date if applicable
4. Other information required by the department

The stamp must also be capable of being copied together with the record to which it is affixed or attached or with which it is logically associated.

Wisconsin notaries public may include their commission expiration date in their official stamp/seal after May 1, 2020. Currently, there is an inconsistency in Sections 140.02[3] and 140.17[1] in the notary seal requirements, which has not been addressed either by state notary law and/or adopted rule. Wisconsin notaries public may use both the engraved seal (embosser) and rubber stamp provided that samples of each official stamp/seal are on file with the Department of Financial Institutions prior to use, and only if the names are exactly the same on both official stamp/seal. To order a Wisconsin notary stamp, notary seal, complete notary package, and notary supplies please visit the American Association of Notaries website, or call 713-644-2299.

How much can a Wisconsin notary public charge for performing notarial acts?

Wisconsin notary fees are set by state notary statute (WS §140.02[9]). The maximum allowable fees that a Wisconsin notary public can charge for notarial acts are listed below:

1. Acknowledgments - $5.00
2. Oaths and affirmations - $5.00
3. Jurats - $5.00
4. Protests - $5.00
5. Certify or attest a copy of a document- $5.00
6. Witness or attest a signature - $5.00
7. Verification upon oath or affirmation - $5.00
8. Copy per folio - $0.12

Is a notary journal required in Wisconsin?

A notary journal (also known as a record book, log book, or register book) is your first line of defense in proving your innocence if a notarial act you performed is questioned or if you are requested to testify in a court of law about a notarial act you performed in the past. A properly recorded notarial act creates a paper trail that will help investigators locate and prosecute signers who have committed forgery and fraud. Properly recorded notarial acts provide evidence that you followed your state laws and notary’s best practices.

 

Notary journal requirements in Wisconsin for in-person notarizations and remote online notarizations - Wisconsin notaries are not required to record their notarial acts in a notary journal. However, the State of Wisconsin strongly recommends that all notarial acts be recorded in a journal. A notary public can maintain a journal in a tangible medium or electronic format.
 

The American Association of Notaries offers a wide variety of notary journals.

Click here to purchase a tangible notary journal.

Click here to become a member and access our electronic notary journal.

What information must Wisconsin notaries record in their notary journals?

If you decide to maintain a notary journal; the secretary of state recommends that you record the following information when performing in-person notarizations and remote online notarizations:

1. The notarization date.
2. The type of notarial act.
3. The name(s) and signature(s) of person(s) involved.
4. The number of identification cards and driver’s licenses presented.

Where can I perform notarial acts in Wisconsin?

Wisconsin notaries public have statewide jurisdiction and may perform notarial acts anywhere within the geographic borders of Wisconsin. A notary public must be physically present in Wisconsin regardless of whether the notarization is in-person or remote. A Wisconsin notary public commission is only valid in and for the State of Wisconsin.

What notarial acts can a Wisconsin notary public perform?

Wisconsin notaries public are authorized to perform the following notarial acts (WS §§140.01[7] and 140.02[5]):

1. Take acknowledgments
2. Administer oaths or affirmations
3. Take verifications on oath or affirmation
4. Witness or attest signatures
5. Certify or attest copies
6. Take depositions
7. Note protests of negotiable instruments
8. Perform such other duties as by the law of nations or according to commercial usage may be exercised and performed by notaries public

Can I perform in-person electronic notarizations in Wisconsin?

Yes. Section 140.20(1) of the Revised Uniform Law on Notarial Acts provides that a notary public may select one or more tamper-evident technologies to perform notarial acts with respect to electronic records in the physical presence of the individuals seeking the notarizations. A person may not require a notary public to perform a notarial act with respect to an electronic record with a technology that the notary public has not selected.

Before a notary public performs the initial notarial act with respect to an electronic record, he or she must:  

1. Notify the Wisconsin Department of Financial Institutions that he or she will be performing notarial acts with respect to electronic records.
2. Identify the technology he or she intends to use.
3. Select a technology that conforms to the standards adopted by the Department of Financial Institutions by rule.

A register of deeds may accept for recording a tangible copy of an electronic record containing a notarial certificate as satisfying any requirement that a record accepted for recording be an original if the notarial officer executing the notarial certificate certifies or attests that the tangible copy is an accurate copy of the electronic record (WS §140.20[3]). To register as an electronic notary public, visit the Wisconsin Department of Financial Institutions at https://www.wdfi.org/Apostilles_Notary_Public_and_Trademarks/defaultNotary.htm.

Can I perform remote online notarizations in Wisconsin?

Yes. The State of Wisconsin has enacted the “Revised Uniform Law on Notarial Acts (2018)” through Assembly Bill 293 (2020) and codified in Chapter 140, Section 140.145 of the Wisconsin Statutes, effective May 1, 2020. The new remote online notarization provisions authorize Wisconsin notaries public to perform notarial acts using communication technology for remotely located individuals.

How do I become a remote online notary in Wisconsin?

Before a notary public performs the initial remote online notarization, he or she must: 

1. Obtain authorization from an approved communication technology provider to use its system for remote online notarizations.
2. Become knowledgeable about that provider’s system and processes, including completion of any relevant training or instruction modules prepared by the provider.
3. Notify the Wisconsin Department of Financial Institutions that he or she will be performing notarial acts using communication technology for remotely located individuals.
4. Identify the technology he or she intends to use to perform remote online notarizations.
5. Select a technology that conforms to the standards adopted by Department of Financial Institutions by rule.

A remotely located individual may comply with Section 140.06 by using communication technology to appear before a notary public, except for the administration of an oath before a witness at a deposition (WS §140.145[2]). The verification of the remotely located individual’s identity is of great importance. Therefore, a remote online notary public must make sure the video resolution is sufficient to see identity-proofing documents distinctly and that the audio clarity is satisfactory to understand everything the remotely located individual verbalizes, and other important features that the service provides. A remote online notary public may not charge more than $25 to perform a remote online notarization for a remotely located individual (WAC DFI-CCS 25.6). Communication technology providers are approved by the Wisconsin Department of Financial Institutions and the Remote Notary Council if they meet security, recordkeeping, and other standards to ensure the integrity of the notarial process. A list of approved providers and remote online notarization guidance are available on the Wisconsin Department of Financial Institutions’ website at http://www.wdfi.org/Apostilles_Notary_Public_and_Trademarks/defaultNotary.htm.

How do I update my address on my Wisconsin notary commission?

Wisconsin notaries public are required to provide a written notice of any change of address to the Wisconsin Department of Financial Institutions within ten days of the address change, which includes the primary email address (WS §140.02[6m]). It is very important for notaries public to maintain their current address with the Department of Financial Institutions to ensure delivery of their commission expiration date notice. There is no fee for updating a notary public’s contact information. A notary public does not vacate his or her office as notary public by reason of the notary’s change of residence within the United States (WS §140.02[6m]). To download the form, click here: Notary Public Address/Name/Seal Change.

How do I change my name on my notary commission in Wisconsin?

If a Wisconsin notary public wishes to change his or her commission name during the current commission term, he or she must purchase a new official stamp/seal with the new name and submit a Notary Public Address/Name/Seal Change form, signature, and file an imprint of the new official stamp/seal with the Wisconsin Department of Financial Institutions at no additional fee.  The bond and oath will be valid through the expiration date of the notary’s current commission. When applying for reappointment after the notary’s current commission term expires, a notary public may not apply under an old or previous name. Each notary public commission must be applied for and issued in the notary’s current legal last name. No other name, official stamp/seal, or signature may be used when performing notarial acts unless the Wisconsin Department of Financial Institutions is notified in writing prior to usage. For a name change, download the Notary Public Address/Name/Seal Change Form.

Revised:

August 2020