Date of enactment:
2023 Assembly Bill 1099 Date of publication*:
2023 WISCONSIN ACT
AN ACT to repeal 422.402 and 422.421 (8); to renumber and amend 140.17; to amend 140.02 (1) (e), 140.02 (2)
(a), 140.02 (3), 140.02 (4) (b), 140.02 (6) (a), 428.202 (2) (d) 1. and 551.406 (3) (a) 2.; and to create 140.17 (2m)
and (3) of the statutes; relating to: updating an obsolete reference to the National Association of Securities Dealers,
Inc.; eliminating an obsolete provision in the Wisconsin Consumer Act; updating a cross−reference to a federal law
definition of high−cost mortgage; information included on a notary public’s stamp and clarifying terminology and
removing statutory duplication relating to notaries public (suggested as remedial legislation by the Department of
Financial Institutions).
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
LAW REVISION COMMITTEE PREFATORY NOTE: This bill is
a remedial legislation proposal, requested by the Department
of Financial Institutions and introduced by the Law Revision
Committee under s. 13.83 (1) (c) 4. and 5., stats. After careful
consideration of the various provisions of the bill, the Law
Revision Committee has determined that this bill makes
minor substantive changes in the statutes, and that these
changes are desirable as a matter of public policy.
SECTION 1. 140.02 (1) (e) of the statutes is amended
to read:
140.02 (1) (e) The qualified applicant shall file his or
her signature, post−office address, and an impression of
his or her official seal, or imprint on a tangible record of
his or her official rubber stamp, with the department.
NOTE: This SECTION replaces a reference to a notary pub-
lic’s seal or rubber stamp with a reference to the notary pub-
lic’s official stamp, which is defined to include both a seal and
rubber stamp.
SECTION 2. 140.02 (2) (a) of the statutes is amended
to read:
140.02 (2) (a) Except as provided in par. (am), any
United States resident who is licensed to practice law in
this state is entitled to a permanent commission as a
notary public upon application to the department and
payment of a $50 fee. The application shall include a cer-
tificate of good standing from the supreme court, the sig-
nature and post−office address of the applicant and an
impression of the applicant’s official seal, or imprint on
a tangible record of the applicant’s official rubber stamp.
NOTE: This SECTION replaces a reference to a notary pub-
lic’s seal or rubber stamp with a reference to the notary pub-
lic’s official stamp, which is defined to include both a seal and
rubber stamp.
SECTION 3. 140.02 (3) of the statutes is amended to
read:
140.02 (3) NOTARIAL SEAL OR OFFICIAL STAMP. (a)
Except as authorized in s. 137.19, and except as provided
in s. 140.17, every Every notary public shall provide an
engraved official seal which makes a distinct and legible
impression or official rubber stamp which makes a dis-
tinct and legible imprint on paper. The impression of the
seal or the imprint of the rubber stamp shall state only the
following: “Notary Public,” “State of Wisconsin” and
the name of the notary. But any notarial seal in use on
* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 2023 Assembly Bill 1099
August 1, 1959, shall be considered in compliance stamp
that satisfies the requirements under s. 140.17.
(b) The impression or imprint of the notarial seal
upon any instrument or writing official stamp on a tangi-
ble record, or the impression upon wafer, wax, or other
adhesive substance and affixed to any instrument or writ-
ing or embossed on a tangible record, shall be deemed an
affixation or embossing of the seal, and the imprint of the
notarial rubber stamp upon any instrument or writing
shall be deemed an affixation of the rubber official stamp
under s. 140.15 (2).
NOTE: This SECTION replaces the requirements for a
notary public’s official seal that creates an impression or rub-
ber stamp imprint with a stamp that may, but need not, include
the expiration date of the notary public’s commission and
establishes that the imprint of an official stamp on a tangible
record constitutes an embossment of an official notary public
seal.
SECTION 4. 140.02 (4) (b) of the statutes is amended
to read:
140.02 (4) (b) Except as authorized in s. 137.19, and
except when a notary public properly uses an official
stamp under s. 140.17, all certificates of acknowledg-
ments of deeds and other conveyances, or any written
instrument required or authorized by law to be acknowl-
edged or sworn to before any notary public, In addition
to satisfying the applicable requirement under s. 140.15
(2), a notary public who performs a notarial act within
this state, shall be attested by a clear impression of the
official seal or imprint of the rubber stamp of said officer,
and in addition thereto shall be written or stamped shall
include on the certificate either the day, month, and year
when the notary public’s commission of said notary pub-
lic will expire, expires or that such commission is perma-
nent. This information may be part of the official stamp
affixed to or embossed on the certificate, written on the
certificate if it is a tangible record, or attached to or logi-
cally associated with the certificate.
NOTE: This SECTION states that a notary public who per-
forms a notarial act must include a certificate that states the
day, month, and year that notary public’s commission expires
or that the commission is permanent and establishes that this
information may be part of the notary public’s official stamp
affixed to or embossed on the certificate, written on the certifi-
cate if it is a tangible record, or attached to or otherwise logi-
cally associated with the certificate.
SECTION 5. 140.02 (6) (a) of the statutes is amended
to read:
140.02 (6) (a) The department may certify to the offi-
cial qualifications of any notary public and to the gen-
uineness of the notary public’s signature and seal or rub-
ber official stamp.
NOTE: This SECTION replaces a reference to a notary pub-
lic’s seal or rubber stamp with a reference to the notary pub-
lic’s official stamp, which is defined to include both a seal and
rubber stamp.
SECTION 6. 140.17 of the statutes is renumbered
140.17 (1m), and 140.17 (1m) (a), as renumbered, is
amended to read:
140.17 (1m) (a) Include the notary public’s name,
jurisdiction, commission expiration date if applicable,
the words “Notary Public” and “State of Wisconsin,” and
other information required by the department.
NOTE: This SECTION replaces a requirement that the offi-
cial stamp of a notary public must include, in addition to the
notary public’s name and other information required by the
Department of Financial Institutions, the notary public’s juris-
diction and commission expiration date with a requirement
that the official stamp include the words “Notary Public” and
“State of Wisconsin.”
SECTION 7. 140.17 (2m) and (3) of the statutes are
created to read:
140.17 (2m) The official stamp of a notary public
may include the notary public’s commission expiration
date if applicable.
(3) The official stamp of a notary public may not
include information other than the information required
under sub. (1m) or permitted under sub. (2m).
NOTE: This SECTION establishes that the official stamp of
a notary public may, but need not, include the date that the
notary public’s commission expires and may not include
information that is not either required or expressly permitted
in state law.
SECTION 8. 422.402 of the statutes is repealed.
NOTE: This SECTION repeals an obsolete restriction
affecting certain transactions entered into before November 1,
1984.
SECTION 9. 422.421 (8) of the statutes is repealed.
NOTE: This SECTION eliminates a statutory subsection
that references another statute repealed in this bill.
SECTION 10. 428.202 (2) (d) 1. of the statutes is
amended to read:
428.202 (2) (d) 1. That the loan transaction, at the
time that the loan is consummated, is considered a mort-
gage under 15 USC 1602 (aa) (bb) and regulations
adopted thereunder, including 12 CFR 226.32.
NOTE: This SECTION updates a reference to a federal
statute that was renumbered and amended in 2010.
SECTION 11. 551.406 (3) (a) 2. of the statutes is
amended to read:
551.406 (3) (a) 2. The date that approval of registra-
tion status is transmitted by the administrator to the appli-
cant through the central registration depository of the
National Association of Securities Dealers, Inc. Finan-
cial Industry Regulatory Authority, Inc.
NOTE: This SECTION updates the name of the National
Association of Securities Dealers, Inc., to the Financial Indus-
try Regulatory Authority, Inc.