§ 32-3-111 — Requirements for certain notarial acts

Wyoming § 32-3-111

• Jurisdiction: Wyoming
• Title 32: Notaries
• Ch. 3: NOTARIES PUBLIC
• Art. 1: WYOMING REVISED UNIFORM NOTARIAL ACT

Text

(a) A notarial officer who takes an acknowledgment of a
record shall determine from satisfactory evidence of the
identity of the principal that the principal appearing before
the notarial officer and making the acknowledgment has the
identity claimed and that the signature on the record is the
signature of the principal and was made knowingly and willingly
for the purposes intended.
(b) A notarial officer who takes a verification on oath or
affirmation of a statement shall determine from satisfactory
evidence of the identity of the principal that the principal
appearing before the notarial officer, signing the record and
making the verification has the identity claimed and that the
signature on the statement verified is the signature of the
principal and was made knowingly and willingly for the purposes
intended.
(c) A notarial officer who witnesses or attests to a
signature shall determine from satisfactory evidence of the
identity of the principal that the principal appearing before
the notarial officer and signing the record has the identity
claimed and has executed the record knowingly and willingly for
the purposes intended.
(d) A notarial officer who takes an acknowledgment or
witnesses a signature of a principal who signs a record in a
representative capacity shall determine from satisfactory
evidence of the identity of the principal that the principal
appearing before the notarial officer has the identity claimed
and from the record, personal knowledge or presentment of an
official record that the principal holds the title or capacity
claimed and has knowingly and willingly signed the record in
that capacity for the purposes intended.
(e) A notarial officer who certifies or attests a copy of
a record or an item that was copied shall determine that the
copy is a full, true and accurate transcription or reproduction
of the original or official record or the item. A notarial
officer may certify that a tangible copy of an electronic record
is an accurate copy of the electronic record and shall comply
with W.S. 32-3-123(a)(iv) regarding certification or attestation
of a copy of a record or item.
(f) A notarial officer who makes or notes a protest of a
negotiable instrument shall determine the matters set forth in
W.S. 34.1-3-505(b).
(g) A notarial officer who administers an oath or
affirmation shall determine from satisfactory evidence of the
identity of the person that the person appearing before the
notarial officer and taking the oath or affirmation has the
identity claimed and is knowingly and willingly making the
statement with the intent to be bound by the statement.
(h) It shall be lawful for any notarial officer who is a
stockholder, director, officer or employee of a bank or other
corporation to take the acknowledgment of any party to any
written instrument executed to or by the corporation, or to
administer an oath to any other stockholder, director, officer,
employee or agent of the corporation, or to protest for
nonacceptance, or nonpayment, bills of exchange, drafts, checks,
notes and other negotiable instruments which may be owned or
held for collection by the bank or other corporation.
(j) A notarial officer may perform a remote ink
notarization or remote online notarization for a principal who
is located:
(i) In this state;
(ii) Outside of this state but within the United
States; or
(iii) Outside the United States if:
(A) The act of making the statement or signing
the record is not prohibited by the foreign state in which the
remotely located individual is located; and
(B) The record is part of or pertains to:
(I) A matter that is to be filed with or is
before a public official or court, governmental entity or other
entity located in the territorial jurisdiction of the United
States;
(II) Property located in the territorial
jurisdiction of the United States; or
(III) A transaction substantially connected
with the United States.
(k) A remote online notarization may be performed by a
notarial officer for any notarial act if:
(i) The principal or credible witness personally
appears before the notarial officer in accordance with this act;
and
(ii) The notarial officer:
(A) Identifies the principal through
satisfactory evidence;
(B) Executes the notarial act in a single
recorded session that complies with this act;
(C) Is satisfied that any record that is signed,
acknowledged or otherwise presented for notarization by the
principal is the same record remotely notarized by the notarial
officer; and
(D) Is satisfied that the quality of the
electronic notarization system or other form of communication
technology is sufficient to make the determinations required for
the notarial act under this chapter and any other applicable law
of this state.
(m) A remote ink notarization may be performed by a
notarial officer for the notarial act of an acknowledgment with
the following requirements:
(i) The principal shall sign and date a tangible
document and submit the tangible, ink signed document to the
notarial officer;
(ii) The notarial officer shall then initiate the
notarial act with the remotely located principal by means of an
electronic notarization system or other form of communication
technology and identify the remotely located principal or
witness through satisfactory evidence; and
(iii) The notarial officer shall perform the
acknowledgement as set forth in this act, abiding by the same
requirements for all other notarial acts.
(n) A notarial officer who performs a remote ink
notarization or remote online notarization shall take reasonable
steps to ensure that the principal and any required witnesses
are viewing the same record.
(o) A notarial act performed by means of an electronic
notarization system or other form of communication technology is
considered to have been performed in Wyoming and is governed by
Wyoming law regardless of the physical location of the principal
at the time of the notarization.