Frequently Asked Questions
What is a Notary Public?
A notary public is an individual issued an appointment by the Secretary of Wisconsin Department of Financial Institutions to serve the public as an impartial witness, performing notarial acts as are allowed or required by law.
What is a notarial act?
"Notarial act "means an act, whether performed with respect to a tangible or electronic record, that a notarial officer may perform under the law of this state. The term includes taking an acknowledgment administering an oath or affirmation, taking a verification on oath or affirmation, witnessing or attesting a signature, certifying or attesting a copy, ad noting a protest of a negotiable instrument.
What is an acknowledgment?
An acknowledgment in terms of notary services is a formal declaration made by a signer in the presence of a notary public, confirming that they willingly signed a document. This process ensures that the signer understands the document and is doing so voluntarily, which helps to prevent fraud and ensures the document's authenticity.
What is a Jurat?
A jurat is a formal statement, usually included in a notarized document, the signer affirms that the contents of the document are true and accurate to the best of their knowledge. It typically includes the phrase "Subscribed and sworn to before me and is followed by the notary's signature and seal. This process serves to provide legal assurance that the document has been properly executed.
What type of documents require notarization?
There are many types of documents that may require notarization to verify the authenticity of the signatures and the signers' identities. Common documents that often need to be notarized include affidavits, powers of attorney, deeds, mortgage documents, contracts, and various legal agreements. The requirement for notarization can depend on the nature of the document and the jurisdiction in which it is being used.
Can a notary give legal advice or draft legal documents?
Wisconsin State law strictly prohibits notaries from the practice of law. Notaries should never advise on any matter relating to a document unless they are an attorney or professionals certified or licensed in a relevant area of expertise.
What is a valid identification if I need a document notarized?
Government issued photo IDs, such as driver's licenses, state ID cards, passports, military IDs, and inmate IDs are sufficient for certification. Social Security cards, birth certificates, credit cards, immigration cards, and temporary driver's licenses are not suitable for certification. If none of these are available, speak with the notary Public about other forms.