Chapter 2
Powers & Liabilities
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.)
- Every official act of a notary must be attested by his or
her handwritten signature, not a rubber stamped signature.
The signature must be the same as on file with the
Office of the Secretary of State and must read the same as that on
the seal/stamp.
- See the Chapter 4 named Notarial Ceremonies for sample statements.
What signatures can you notarize?
Notarizing your own signature
- Since a Notary must always be an objective witness, the validity
and effectiveness of notarizing your own signature is questionable,
and, therefore, not advised. Most filing officers (registers of
deeds, county clerks, state offices and courts, etc.) will not
accept documents on which a notary has notarized his/her own signature.
Notarizing the signature of a spouse or relative
- A notary is not prohibited from witnessing the signatures of a spouse
or relative. However, if the documents were to be questioned for any
cause, the notarial act may be scrutinized more closely than if the
notary was not a spouse or relative. Also, if the document is one from
which you may derive a benefit, your right to receive that benefit may
be jeopardized.
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 50¢ (.50 cents) for performing most notarial
acts. (Refer to § 137.01(9) of the Wisconsin Statutes for further information.)
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
REPSONSIBILITY! To protect yourself, you may wish to purchase an "Errors &
Omissions" insurance policy.
Chapter 2 Quiz
|