Wyo. Stat. § 32-3-111

Current with changes from the 2021 Legislative Session through Ch. 169
Section 32-3-111 - Requirements for certain notarial acts
(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. 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.

W.S. 32-3-111

Added by Laws 2021, ch. 27,§ 1, eff. 7/1/2021.