Chapter 2

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What is a Notarization?

A "notarization" is more precisely called a "notarial act". A "notarial act" is any act that a notary public is authorized to perform, and includes:

• Taking an acknowledgement.
• Administering an oath.
• Administering an affirmation.
• Taking a verification upon oath.
• Taking a verification upon affirmation.
• Witnessing a signature.
• Attesting a signature.
• Certifying a copy.
• Attesting a copy.
• Noting a protest of a negotiable instrument.

(NOTE: Further information and definitions of some important terms are provided in Chapter 3 of this tutorial, entitled "Notarial Acts".)

Notarial Duties

The following steps are required for any notarial act:

• Check identification if you don't know the signer.
• Use the proper ceremony and written certificate language.
• Sign only and exactly the same name as the one on your notary seal/stamp.
• Affix a legible impression of your seal/stamp.
• Indicate your commission expiration date.
• It is always advisable to check the document to be sure there are no blanks or incomplete statements. (If, for instance the document has blanks for two persons to sign, but you are witnessing only one signature, include the name of the signature you are witnessing in the notarial statement.)
• Wisconsin Statutes require all notaries public, including attorneys, to affix a clear impression of their official notarial seal or stamp every time a notarial act is performed. (Rarely a preprinted form that requires notarization will state "Notary seal not required". A particular filing officer may make that determination for various administrative reasons. If space on the form permits, you should affix your seal or stamp as is required by the Wisconsin Statutes.)
• See the Chapter 4 named Notarial Ceremonies for sample statements.

What signatures can you notarize?

Notarizing your own signature

• A Notary must always be an objective third-party witness and you can’t be an impartial witness to your own signature. Consequently, you are prohibited by statute from notarizing your own signature. A notarial act which violates that statute is voidable.

Notarizing the signature of a spouse or relative

• A notary is not prohibited from witnessing the signature of a relative, except in the case of the notary’s spouse or domestic partner. A notary is prohibited by statute from performing a notarial act with respect to a record to which the notary or the notary’s spouse or domestic partner is a party or in which either of them has a direct beneficial interest. A notarial act performed in violation of that statute is voidable.

Notarizing a document that is written in English for a foreign-speaking person

• You may proceed with the notarial act if you are certain the signer understands the content of the document and realizes the consequences of signing it.

Notarizing under stressful circumstances

• Remember that you are personally responsible and can be held legally liable for your notarial acts. Never notarize if you feel pressured to hurry, skip steps (like checking identification), or if the customer withholds part of the document, showing you only the notarial portion. If the content of the document has lines that should be filled in and are left blank, has text that is blacked out or covered with "white-out", or refers to additional pages that are missing, do not jeopardize yourself by putting your name and seal on the document. Similarly, if the document contains blatant anti-government text, unreasonable claims, or if the notarial act is pre-printed and contains additional, non-standard language, you may choose to decline to notarize.

What documents can you notarize?

Preparing documents to be notarized

• DO NOT help customers prepare the papers they need to be notarized UNLESS you are an attorney licensed to practice law in Wisconsin. A notary public who is not an attorney may not engage in the practice of law - which includes the preparation of legal papers, such as wills, contracts, deeds, powers of attorney, etc.

Notarizing a document written in a foreign language

• There is no reference in the Wisconsin Statutes that prohibits you from notarizing a document written in a foreign language. However, if you do not understand the contents of the document, you are encouraged to find another notary who does understand it, or you may wish to refuse to notarize it. You might check with a university language department, a foreign students' office or a consulate.

Making a certified copy of a birth certificate

• YOU ARE STRICTLY PROHIBITED from making copies, certified or uncertified, of "vital records", which include certificates of birth, death, divorce, annulment, marriage, etc. Never notarize photocopies of vital records that a person may bring to you. Preparing or issuing anything that carries the appearance of an original or copy of a vital record could cause you to be fined not more than $10,000, imprisoned for not more than 3 years and 6 months, or both.
• Copies of vital records are appropriately obtained from their official custodian: a state or county office of vital records, or similar government records office.

Where can you notarize documents?

Venue

• The place where an act is performed is called the "venue". On a notarized document, IT SHOWS THE LOCATION WHERE THE NOTARIAL ACT TOOK PLACE, NOT THE COUNTY WHERE THE NOTARY RESIDES. The venue is usually indicated near the top of a document, as "State of Wisconsin, County of Dane". Indicating the county of venue is an important part of every notarial act.

Notarizing in Wisconsin

• Your notary commission allows you to act as a Notary Public in all counties in the state of Wisconsin.

Notarizing in another state

• Wisconsin notaries public who are not commissioned in any other state may only perform notarial acts in the state of Wisconsin. Notaries Public who are commissioned in other states may perform notarial acts only in the states that they are commissioned in. (This is dependent on the other states regulations.)

When can you notarize and how much can you charge?

Preparing documents on a Sunday or Holiday

• There is no section of the Wisconsin Statutes that makes it unlawful for a notary to act on a Sunday or holiday.

Charging for Notarial Acts

• You may charge no more than $5 for most in-person notarial acts.

Misconduct or Neglect

• Your bond will not cover you. It is to protect the parties injured by your misconduct. You cannot collect the $500 from your bond. On proof of your misconduct, all or part of your bond would be awarded to the party suing you. In addition, the bond company might sue you to recover the money they had to pay out. If the damages were more than $500, you would have to pay the additional amount. REMEMBER, IF YOU ARE SUED, THE DAMAGES ARE YOUR PERSONAL RESPONSIBILITY! To protect yourself, you may wish to purchase an "Errors & Omissions" insurance policy.

Chapter 2 Quiz

1. Which of the following is NOT an example of a notarial act?
   

   Witnessing a signature.

   Making a copy of a diploma and notarizing the copy.

   Attesting that a copy brought to you is a true copy by verifying it against the original and notarizing the copy.

   Making a copy of a birth certificate and notarizing the copy.

   
   
2. Which of the following statements is true?
   

   Notarizing your own signature is acceptable by all offices.

   You must notarize any document presented to you for notarization.

   You can notarize a document on a Sunday.

   You can take someone's word as identification instead of a picture ID.

   
   
3. What is the proper way to sign your signature as a notary public if your name is Jonathan Patrick Williams and your seal/stamp reads J. P. Williams?
   

   Jon P. Williams

   Jonathan Patrick Williams

   Jack Williams

   J. P. Williams

   It doesn't matter how you sign it, as long as your seal/stamp is legible.