Chapter 1

General Information

How to Become a Notary Public

A notary public is an individual issued a Commission by the Governor and the Department of Financial Institutions to serve the public as an impartial witness, performing notarial acts as are allowed or required by law.

Requirements for all notaries public:

• Must be a United States resident.
  NOTE: A "Resident" means a person who maintains a permanent dwelling place in the United States and is in fact living in the United States.
• Must be at least 18 years old.
• Must also have at least the equivalent of an 8^th grade education.
• Must not have a criminal record with a felony conviction and/or misdemeanors that impact the integrity of the notary commission.
  NOTE: Under current law, persons convicted in state or federal court of a felony, or persons convicted of a misdemeanor involving a violation of the public trust, may not be commissioned as Notaries Public for the State of Wisconsin unless they have been pardoned of the conviction.

4-year Notary Public

All 4-year notary applicants must complete a 4- year application form, an oath of office form, a bond form and a passing exam certificate. You must also purchase a $500 bond and notary stamp/seal that meet the Wisconsin requirements as indicated below. All forms must be submitted to the Department of Financial Institutions with the required $20 filing fee. Forms are available from the Department of Financial Institutions upon request or may be downloaded by going to Notary Forms.

No notarial acts may be performed until the applicant has received notice that the notary commission has been issued.

Attorneys as Notaries Public

Attorneys licensed in Wisconsin who wish to be notaries must submit an application to the Department of Financial Institutions. In addition to being eligible for a four (4) year commission, an attorney who wishes to may apply for a "permanent" commission under §140.02(2), Wis. Stats.

1. Must be a United States Resident.
2. Must be licensed to practice law in Wisconsin.
3. Must complete the permanent notary application. (Bond is not required if applying for a permanent commission)
4. Must submit a certificate of good standing from the state supreme court if applying for a permanent commission.
5. The completed permanent application, certificate of good standing (dated within 2 months of applying) and $50 filing fee must be submitted to the Department of Financial Institutions.

No notarial acts may be performed until the applicant has received notice that the notary commission has been issued. A notary public with a permanent commission will continue to keep the commission until no longer in good standing with the state supreme court, no longer licensed to practice law in Wisconsin, or until the commission is revoked sooner for cause.

The Notary Seal

It is the applicant's responsibility to obtain an engraved official seal or official rubber stamp prior to completing the application form.

• For supplies check the internet under "office supplies", "rubber stamps" or "seals".
• The seal or stamp may be of any size or shape, but must state the words "Notary Public", "State of Wisconsin" and your name. It may also include the commission expiration date.
• You may use initials, or a shortened first name if you wish, but you must use your current last name in full.
• When ordering your seal or stamp, keep in mind that when you later perform notarial acts, you must always sign your name exactly as set forth on your notary seal or stamp.

Below are some examples of the Notary Seal or Stamp.

Your Personal History

Notifying us of your personal history is very important. In Wisconsin you are not allowed to be a Notary Public if you have been convicted of a state or federal felony or a misdemeanor that involves a violation of public trust.

• When filing your Notary Public paperwork you must declare all arrests, convictions or pending convictions of all non-Wisconsin, Federal or international violations.
• Under current law, persons convicted in state or federal court of a felony or a misdemeanor involving a violation of the public trust, cannot be commissioned as Notaries Public for the State of Wisconsin UNLESS they have been pardoned of the conviction.
• Your papers and your background will be reviewed to determine if you are eligible to be granted a Notary commission.
• If you wish, you may submit your court papers for an eligibility review prior to submitting your application forms. That would save you the cost of buying a bond and seal if you were found to be ineligible to become a notary public.

Bonding

A surety bond is an insurance agreement making the surety company legally liable to a party who is harmed because of a notary's misconduct or neglect in executing notarial acts, for damages up to $500.

• A $500 surety bond is required for all applicants applying or reapplying for a four (4) year notary public commission.
• If you are sued for misconduct or neglect in your notarial duties, any damages beyond $500 are your personal responsibility.
• No bond is required for United States residents who are licensed to practice law in Wisconsin who are applying for permanent commissions.
• An issued "blanket bond" for employment purposes does not fulfill this obligation. A separate, specific bond in the amount of $500 is required by Wisconsin Statutes.
• Once filed with the Department of Financial Institutions, your bond cannot be cancelled and will expire in four (4) years with your notary commission.
• The surety bond must be provided by an insurance/surety company licensed to write surety bonds in the State of Wisconsin.
• The Department of Financial Institutions cannot provide bonding and cannot recommend companies who sell bonds.
• Some companies may be listed on the internet under "Notaries Public", "Insurance Companies", or "Bonds".
• A notary bonding agency is an insurance company or division of any insurance company, licensed to write fidelity insurance in the State of Wisconsin, which specializes in selling notary bonds.
• You may purchase optional "Errors & Omissions" Insurance, which is an insurance policy to protect a notary if he or she is sued. This policy is not the same as a bond, and is not filed with your application papers.

Total Costs

The cost of becoming a notary is dependent on several things:

• The type of official notarial seal or stamp you purchase - There are several variations on the stamp or seal you choose. All that may be listed on the stamp or seal is your “official” name (must use your current last name in full), "State of Wisconsin", and "Notary Public". It may also include the commission expiration date.
• Where you purchase your notarial seal or stamp - There are several places that sell notary seals and stamps. Check out many to get your best price.
• The cost of the surety bond you obtain - There are also many places you can get your surety bond. Check out several to get the best price.
• Whether or not you are a licensed attorney in the State of Wisconsin - A four (4) year commission has a filing fee of $20, and a licensed attorney's "permanent" commission has a $50 filing fee.
• Payment - Fees can be paid online with credit card (begin application and pay online), check or money order that must be made payable to the Wisconsin Department of Financial Institutions.

When and Where I can Notarize

• You may begin to perform notarial acts AFTER you have been notified by the Department of Financial Institutions that your commission has been issued; after you obtain authorization from an approved communication technology provider to use its system for remote online notarization; and after you become knowledgeable about that provider’s system and processes, including completion of any relevant training or instruction modules prepared by the provider.
• A list of approved providers is available on the WDFI website.
• A certificate will be emailed if a valid email address has been provided or mailed to the mailing address you list on the application form.
• It is very important to indicate a complete and current address on your application to ensure delivery of your certificate.
• A notary who is applying will usually receive a certificate within 14 business days if application is complete and correct filing fee is submitted.
• You may perform notarial acts in all counties of the State of Wisconsin.
• A Wisconsin notary public commission is valid in and for the State of Wisconsin only, but you must be physically present in the State.
• You may not use your Wisconsin commission to act as a notary public in any other state.

Chapter 1 Quiz

1. Must attorneys complete the notary public application process to become a notary public?
   

   No, they automatically become notaries public upon being licensed.

   Yes, attorneys must complete the notary public application process and include a $50 filing fee for a permanent commission.

   Yes, with a bond for $500 and a $20 filing fee.

   No, they just have to purchase a stamp/seal.

   
   
2. A person convicted of a felony may be granted a notary commission as long as he or she is off probation.
   

   True

   False

   
   
3. Where can you act as a notary public for the state of Wisconsin?
   

   In any state or country as long as you state you live in Wisconsin.

   Only in the quad state area, Wisconsin, Minnesota, Illinois, and Michigan.

   Only in the county of Wisconsin that you reside in.

   In any county in the State of Wisconsin.