What is a Notary?

A Notary, often known as a Notary Public, or in some cases a Notary Signing Agent, is a "a public officer appointed and commissioned to administer oaths, to take acknowledgements, and to perform other duties specified by law. The emphasis here is that the notary is a public officer who is empowered to perform official acts for the State."

What are a Notary Public's obligations?

32-3-111 A notary public is required to:

• Identify the Principal and any witnesses with satisfactory evidence (such as a driver's license, ID card, or passport)

• that the signature on the record is the signature of the principal and was made knowingly and willingly for the purposes intended.

• If witnessing, or attesting a signature, that 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.

• may perform a remote ink notarization or remote online notarization

• abide by state-set maximum notarial act and travel fees 32-3-126

• journal every notarial act performed during a commission

In what circumstances can a Notary refuse to perform a notarial act?

32-3-112. Authority to refuse to perform notarial acts.

(a) A notarial officer may refuse to perform a notarial act if:

(i) The officer is not satisfied that the principal executing the record is competent or has the capacity to execute the record;

(ii) The officer is not satisfied that the principal's signature is knowingly and voluntarily made;

(iii) The officer is not satisfied with, or does not know how to operate, the electronic notarization system or other form of communication technology chosen by the principal or other person.

b) A notarial officer shall refuse a request that would require the officer to use an electronic notarization system or other form of communication technology that does not meet the requirements of this act

(c) A notarial officer may refuse to perform a notarial act unless refusal is prohibited by law other than this act.

Where can I find more information on Wyoming Notary Publics?

Wyoming Revised Uniform Law on Notarial Acts .pdf

Wyoming Secretary of State- Notary Public

National Notary Association

Notary FAQ's

I have a document with no notarial wording. Can a Notary advise me which notarization to use?

Notaries are not allowed to choose the type of notarization for a signer—this would be the unauthorized practice of law. Either the signer would need to choose the type of notarization, or the signer would need to contact the agency that issued or that will receive the document and ask them to provide the answer.

I don't understand this statement in my home loan document. Can you explain these forms for me?

Notary Signing Agents should never answer questions or offer advice about the terms of a signer’s loan. Any questions a borrower has about the details of a home loan should be answered by the closing agent or lender.

You see blank spaces in the text of the document. “How do I fill this out?” you might ask. “You’ve seen a lot of these forms; what goes there?”

The only part of a document a Notary is allowed to complete is the notarial certificate. Notaries cannot advise a signer how to fill out blank spaces in the other parts of the document. The signer would need to contact the agency that provided the form to ask for instructions how to complete the missing information.

“I’m worried this won’t hold up in court. Should I get more witness signatures to be sure?”

Notaries who aren’t attorneys should never answer questions from signers about the legal effect or requirements of a document. Any such questions would need to be answered by a qualified lawyer.