Current through the 2024 legislative session
Section 32-3-114 - Certificate of notarial act(a) A notarial act shall be evidenced by a certificate. The certificate shall: (i) Be executed contemporaneously with the performance of the notarial act;(ii) Identify the county and state in which the notarial act is performed;(iii) Identify the name of the principal, the type of record and issuing entity that is copied, or, if performing a verification of fact, the information the notarial officer has certified to;(iv) Specify the notarial act being performed;(v) Be signed and dated by the notarial officer. If the notarial officer's signature is required to be on file with the secretary of state, the certificate shall be signed in the same manner as on file;(vi) Contain the title of office of the notarial officer; and(vii) Contain the impression on a tangible record, or electronic image on an electronic record, of the notary public's official stamp.(b) The certificate for a notarial act on a tangible record shall be part of or securely affixed to the record.(c) The certificate for a notarial act on an electronic record shall be attached to or logically associated with the record.(d) A certificate of a remote ink notarization or remote online notarization shall include the information specified in this chapter, indicate that the notarial act was performed using an electronic notarization system or other form of communication technology and include any other information required by rule of the secretary of state.(e) A certificate of a notarial act is sufficient if it meets the requirements of subsections (a) and (b) and, if applicable, (c) and (d) of this section, and: (i) Is in a short form set forth in W.S. 32-3-115;(ii) Is in a form otherwise permitted by the law of this state;(iii) Is in a form permitted by the law applicable in the jurisdiction in which the notarial act was performed; or(iv) Sets forth the actions of the notarial officer and the actions are sufficient to meet the requirements of the notarial act as provided in this act or law of this state.(f) By executing a certificate of a notarial act, a notarial officer certifies that the officer has complied with the requirements and made the determinations specified in this act.(g) A notarial officer shall not affix the officer's signature or stamp to, or logically associate it with, a certificate until the notarial act has been performed.(h) A notarial officer may subsequently correct any information included on or omitted from a certificate executed by that officer if the change or correction can be evidenced by the information contained in the officer's journal record, if applicable, of the transaction.(j) A notarial officer shall not change or correct an impression or electronic image of an official stamp on a certificate. If the stamp is incorrect, the officer shall obtain a corrected stamp. If the impression or electronic image of an official stamp is missing from a certificate, is illegible or the official stamp contained incorrect information the officer may affix a subsequent impression of the official stamp on a tangible record or attach or logically associate a subsequent impression with an electronic record.(k) Any changes or corrections shall be dated and initialed by the notarial officer and a corresponding notation of the changes shall be made in the journal record, if applicable. Only the officer who performed the notarization may make or authorize a change or correction to a previously completed certificate. If an officer authorizes a third party to change or correct the information included or omitted on a previously completed certificate, the authorization shall be granted in writing and a copy of the message authorizing the change and a copy of the changed certificate shall be attached to the officer's journal record, if applicable, for that transaction.Added by Laws 2021 , ch. 27, § 1, eff. 7/1/2021.