WY NOTARY Notary Stamp and Journal Questions and Answers — Questions and Answers
Question 1: A Wyoming notary's official stamp was stolen. According to Wyoming law and administrative rules, what is the notary's IMMEDIATE required action upon discovering the theft?
- Order a new stamp and begin using it immediately.
- Publish a notice in a local newspaper for one week.
- Promptly notify the Wyoming Secretary of State. (Correct answer)
- File a report with the local police department within 24 hours.
Correct answer: Promptly notify the Wyoming Secretary of State.
Wyoming law (W.S. § 32-3-117) and administrative rules require a notary public to promptly notify the Secretary of State upon discovering that their stamping device is lost or stolen. While filing a police report is a good practice, the legally mandated first step is to inform the commissioning authority, the Secretary of State.
Question 2: A Wyoming notary is recording an acknowledgment in their required journal. Which of the following pieces of information is a recommended best practice to include for each journal entry, as outlined by the Secretary of State?
- The signer's social security number.
- A detailed description of how the signer was identified. (Correct answer)
- The brand of pen used by the signer.
- The signer's occupation.
Correct answer: A detailed description of how the signer was identified.
While Wyoming law mandates keeping a journal, the Secretary of State provides examples of what should be chronicled. This includes the date, type of notarization, document type, signer's name and signature, address, the fee, and a detailed description of how the signer was identified (e.g., personal knowledge, credible witness, or ID card details).
Question 3: When a Wyoming notary resigns their commission before its expiration date, what is the proper procedure for handling their official stamping device?
- Surrender it to the county clerk's office.
- Sell it to another commissioned notary public.
- Continue using it until the original expiration date.
- Disable the stamping device by destroying or defacing it. (Correct answer)
Correct answer: Disable the stamping device by destroying or defacing it.
According to Wyoming Statute 32-3-117, upon resignation, revocation, or expiration of a commission, the notary public must disable the stamping device by destroying, defacing, damaging, erasing, or securing it in a manner that renders it unusable.
Question 4: Which of the following is NOT a mandatory element required to be within the border of a Wyoming notary's official rectangular stamp?
- The notary's commission ID number.
- The words "Notary Public" and "State of Wyoming".
- The notary's county of residence. (Correct answer)
- The notary's commission expiration date.
Correct answer: The notary's county of residence.
Wyoming law explicitly states that the notary's county of residence CANNOT be included on the official stamp. The required elements are the notary's name, "Notary Public," "State of Wyoming," the commission ID number, and "My commission expires (date)".
Question 5: A Wyoming notary works for a law firm that paid for their commission and supplies. The notary resigns from the firm. The employer insists on keeping the notary's journal because the notarizations were for company business. What is the correct course of action for the notary?
- Leave the journal with the employer as it is company property.
- Make photocopies of the journal for the employer and take the original.
- Surrender the journal to the employer only with approval from the Secretary of State. (Correct answer)
- Report the employer to the state bar association for attempting to retain legal records.
Correct answer: Surrender the journal to the employer only with approval from the Secretary of State.
Wyoming Statute 32-3-118(g) states that a notary public shall not surrender the journal to an employer upon termination of employment without the approval of the Secretary of State. The journal is the property and responsibility of the notary, not the employer, regardless of who paid for it. An employer may, however, retain a copy.
Question 6: Regarding the physical security of a notary journal, Wyoming law requires the notary to:
- Keep it in a secure area under the notary's sole control. (Correct answer)
- File it with the county clerk at the end of each calendar year.
- Allow their employer to inspect it upon demand.
- Store it in a bank's safe deposit box.
Correct answer: Keep it in a secure area under the notary's sole control.
Wyoming Statute 32-3-118(f) explicitly states that a notary public is responsible for the security of their journal and must keep it in a secure area under their sole control. This prevents unauthorized access and protects the private information of the signers recorded within it.
WY NOTARY Notary Stamp and Journal Questions and Answers
A Wyoming notary's official stamp was stolen.
According to Wyoming law and administrative rules, what is the notary's IMMEDIATE required action upon discovering the theft?