What Is a Wisconsin Notary Acknowledgment?
A Wisconsin notary acknowledgment is a certificate that is attached to a legal document to verify a signer’s signature. It prevents fraud by ensuring that the named signer acknowledges their signature before a notary public.
The signer may sign their legal document before or during their meeting with the notary public. Once the two parties meet, the notary public must confirm the following truths:
- The signer physically appeared before them (WI Stat § 140.06).
- The signer is who they claim to be. This can be proved via personal knowledge of the signer, a government-issued ID not expired by more than three years, or the oath of a credible witness whose identity can be proven by the notary (WI Stat § 140.07).
- The signer signed in their own name without coercion.
- The signer signed the document for its intended purpose.
A notary public has the authority to take an acknowledgment under WI Stat § 140.04. They take the acknowledgment, sign the notarial certificate, and ensure the certificate is associated with the signer’s legal document.
Documents That Typically Require Notarization in Wisconsin
Many financial and property documents require notarization under Wisconsin law. Without a notary acknowledgment, courts and other agencies may not accept specific legal forms. Or, they may require additional proof of authenticity, which can delay certain legal processes. Here are some legal documents that must be notarized to be legally enforceable or recordable:
- Durable power of attorney
- Non-durable power of attorney
- Limited power of attorney
- Real estate power of attorney
- Minor power of attorney
- Power of attorney revocation
- Warranty deed
- Quitclaim deed
- Living trust
Consider giving the following documents more legal weight by getting them notarized, even though Wisconsin law doesn’t explicitly require notarization for them:
What to Include in a Wisconsin Notary Acknowledgment
WI Stat § 140.16 provides the key elements for a Wisconsin notary acknowledgment:
- State and county of the acknowledgment
- The date of the acknowledgment
- The name of the signer
- The notary public’s signature
- The notary public’s stamp, which includes their title of office and commission expiration date
- Whether the acknowledgment was made in an individual or representative capacity
Sample Wisconsin Notary Acknowledgment
View an example of our Wisconsin notary acknowledgment form. When you complete your certificate using Legal Templates’s questionnaire, you can generate a custom form with the notary public’s details, the document signer’s information, the date of acknowledgment, and other notarization specifics. Download the completed form in PDF or Word, then present it to a notary to finalize it.
Is Remote Online Notarization Legal in Wisconsin?
Yes, remote online notarization (RON) is legal in Wisconsin. The introduction of Assembly Bill 293 (which later became the 2019 Wisconsin Act 125) permits RON for most business and financial documents. For a remote notarial act to be valid, the following guidelines must be followed (WI Stat § 140.145):
- The notary must be physically present in the state of Wisconsin at the time of notarization.
- The signer can be located anywhere in the world, as long as the document being signed pertains to a US affair.
- The notary public must use technology approved by the Wisconsin Department of Financial Institutions (DFI).
- The notary public must create an audiovisual record of the remote notarial act and retain it for at least seven years.
RON is allowed for estate planning documents under strict requirements, such as the following (WI Stat § 140.147):
- The signer and the notary public must be physically located in Wisconsin.
- A licensed attorney must oversee the remote notarial act and complete an Affidavit of Compliance.
- The signer must execute a complete 360-degree view of their physical surroundings.
- The signer must hold the estate planning document up to the screen, verbally confirm the total number of pages, and point directly to the page number where they will sign.
