Chapter 1
General Information
How to Become a Notary Public
A notary public is an individual issued a Commission by the Governor or Secretary
of State 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 8th grade education.
- Must be familiar with the duties and responsibilities of a notary public.
- Must not have an unacceptable arrest or conviction record.
(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.)
The notary applicant must complete an application form, a bond, an oath of
office, and submit all forms to the Office of the Secretary of State with
the required filing fee. Forms are available from the Secretary of State's
office upon request or may be downloaded by going to
www.sos.state.wi.us. P >
Attorneys as Notaries Public
Attorneys licensed in Wisconsin who wish to be notaries must submit an application
to the Secretary of State. In addition to being eligible for a four (4) year
commission, an attorney who wishes to may apply for a "permanent" commission under
§137.01(2), Wis. Stats.
- Must be a United States Resident.
- Must be licensed to practice law in Wisconsin.
- Must complete the permanent notary application.
- Is not required to file a bond if applying for a permanent commission.
- Must submit a certificate of good standing from the state supreme court
if applying for a permanent commission.
- The completed application and $50 filing fee must be submitted to the
Office of the Secretary of State.
No notarial acts may be performed until the applicant has received notice that
the notary commission, 4 - year or permanent, 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 yellow pages in the telephone book or the internet
under "office supplies", "rubber stamps" or "seals".
- The seal or stamp may be of any size or shape, but may state only
the words "Notary Public", "State of Wisconsin" and your name.
- 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.
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PLACE NAME HERE
NOTARY PUBLIC
STATE OF WISCONSIN
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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 local, State, 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.
- If you have a misdemeanor arrest or conviction record you are required to
submit copies of your court papers pertaining to the offense(s) when you
apply to become a Notary.
- 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 secretary of state's office, 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 secretary of state's office cannot provide bonding and cannot recommend
companies who sell bonds.
- Some companies may be listed in the yellow pages of the telephone book or
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 are your official name, "State of Wisconsin",
and "Notary Public".
- 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. Fees must be made
payable to the Wisconsin Secretary of State.
When and Where I can Notarize
- You may begin to perform notarial acts AFTER you have been notified
by the Secretary of State's office that your commission has been issued.
- A certificate will be forwarded 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 for the first time will usually receive a
certificate within two weeks of mailing the forms and fee to the Secretary
of State's office. Effective January 1, 2005, applications for reappointment
of commission are processed the Wednesday after receipt. Any time remaining
on the previous term lapses when the new commission is issued.
- 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.
- You may not use your Wisconsin commission to act as a notary public in
any other state.
Chapter 1 Quiz
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