Mixed Deck — All WI NOTARY Topics Flashcards

Should a Wisconsin notary record the address of the signer in their journal?

Answer: Yes, recording the address helps confirm the signer's identity and location

Recording the signer's address in the journal adds a layer of identification documentation and is part of thorough best-practice record keeping.

If a Wisconsin notary's journal is lost or stolen, what should they do?

Answer: Report the loss to the Department of Financial Institutions and consider notifying law enforcement

A lost or stolen journal should be reported to the DFI and potentially law enforcement, as it could be used to facilitate fraud.

What is the effect of a Wisconsin notary failing to administer the oath during a jurat?

Answer: The jurat is defective and may be legally challenged

Failing to administer the oath is a critical defect in a jurat because the sworn oath is an essential element of that notarial act.

When only ONE credible witness is used to identify a signer in Wisconsin, that witness must be:

Answer: Personally known to the notary

When relying on a single credible witness, Wisconsin law requires that witness to be personally known to the notary performing the notarial act.

What language must a Wisconsin notarial certificate be written in if the notary does not understand the language of the document?

Answer: English

Wisconsin notarial certificates must be in English so the notary can complete and understand the certificate even if the underlying document is in another language.

What oath wording should a Wisconsin notary use when administering an oath for a jurat?

Answer: Do you swear (or affirm) that the statements in this document are true to the best of your knowledge?

The standard jurat oath asks the signer to swear or affirm that the statements in the document are true to the best of their knowledge.

What should a Wisconsin notary do if a signer wants an acknowledgment but appears to be signing under duress?

Answer: Refuse to perform the notarization

If a notary reasonably believes a signer is under duress or coercion, the notary should refuse to perform the notarization because voluntary signing is required.

How should a Wisconsin notary correct an error in their paper journal?

Answer: Draw a single line through the error, write the correction, and initial it

Errors in a notary journal should be corrected by lining out the mistake, writing the correct information, and initialing the correction to maintain the integrity of the record.

A Wisconsin notary is asked to notarize a document but notices that the signer appears unsure of the contents. What should the notary do?

Answer: Refuse to notarize the document until the signer fully understands it.

A Wisconsin notary must ensure that the signer appears willing and aware of what they are signing. If a signer seems unsure or confused about the document's contents, the notary should refuse to proceed. Notaries are not permitted to explain or interpret documents, but they must be satisfied that the signer is acting knowingly and voluntarily.

Which of the following is true regarding criminal history when applying to become a notary public in Wisconsin?

Answer: You cannot have any felony convictions unless pardoned.

Wisconsin law prohibits individuals with unpardoned felony convictions from becoming a notary public. This stipulation, found in Wis. Stat. § 137.01(2)(c), aims to uphold the integrity and trustworthiness of the notary office. A pardon, however, restores civil rights and removes this disqualification.

Must Wisconsin remote online notarizations be recorded?

Answer: Yes, the audio-visual session must be recorded and retained

Wisconsin law requires that remote online notarization sessions be recorded and that the recording be retained for a specified period.

How long should a Wisconsin notary retain their journal records?

Answer: At least 10 years after the last entry is recommended

Wisconsin notaries are advised to keep their journal for at least 10 years after the last entry to protect against future claims.

A Wisconsin notary is asked to notarize a document in which they have a direct financial interest. What should the notary do?

Answer: Refuse to notarize the document due to the conflict of interest.

A Wisconsin notary must avoid any situation where they have a direct financial or beneficial interest in the transaction being notarized. Notarizing a document in which they have such an interest creates a conflict of interest, compromising their impartiality and the integrity of the notarial act. Refusal is necessary to uphold ethical standards and legal requirements.

If a Wisconsin document says 'sworn to and subscribed' but the notary only had the signer acknowledge the document, is the notarial act proper?

Answer: No, the notary must perform the act that matches the certificate language

The notary must perform the specific act described by the certificate — if the certificate calls for a jurat (sworn), an acknowledgment alone is insufficient.

May a Wisconsin notary perform an acknowledgment for a person who signed a document using a mark (X) instead of a full signature?

Answer: Yes, if the notary witnesses the mark and proper procedures are followed

Wisconsin law allows acknowledgment of a document signed by mark, provided the notary witnesses the mark and the appropriate procedures are followed.

What must a Wisconsin notary do with their seal upon resignation or expiration of commission?

Answer: Destroy or deface the seal so it cannot be misused

When a Wisconsin notary's commission ends, they should destroy or deface the official seal to prevent unauthorized use.

Which Wisconsin certificate typically contains the phrase 'acknowledged before me'?

Answer: An acknowledgment certificate

'Acknowledged before me' is the standard language found in an acknowledgment certificate, not a jurat.

Should a Wisconsin notary record the fee charged for a notarial act in their journal?

Answer: Yes, recording the fee is recommended practice

Recording fees is a recommended journal practice in Wisconsin to document compliance with fee limits and support accountability.

A notary public in Wisconsin is asked to notarize a document for a family member. What should the notary do?

Answer: Refuse to notarize the document to avoid a conflict of interest.

Wisconsin notary law, like most jurisdictions, prohibits notaries from notarizing documents for family members or in situations where they have a direct beneficial interest. This rule is in place to prevent conflicts of interest and maintain the impartiality and integrity of the notarization process. A notary's role is to be an unbiased witness, which is compromised when notarizing for close relatives.

Who owns a Wisconsin notary's official seal?

Answer: The notary personally

The notary's official seal is the personal property of the notary, not their employer, even if the employer paid for it.