Wisconsin Administrative Code › Department of Financial Institutions › DFI-CCS 1-25 - Department of Financial Institutions-Corporate and Consumer Services › Chapter DFI-CCS 25 - Notaries Public And Notarial Acts › Section DFI-CCS 25.04 - Providers of communication technology used to perform notarial acts for remotely located individuals

Current through June 24, 2024
(1) APPROVAL REQUIRED. A provider of
				communication technology used to perform notarial acts for remotely located
				individuals shall obtain approval as provided in this section before allowing
				its platform to be used by a notary public of this state to perform a notarial
				act for a remotely located individual.
(2) CONTENTS OF REQUESTS FOR APPROVAL. A
				provider of communication technology may request approval of the remote notary
				council by submitting documentation or other evidence to the department, in a
				form and manner acceptable to the department, that explains all the following:
(a) How the provider will ensure that
				notarial acts for a remotely located individual performed on the provider's
				platform by a notary public of this state comply with the requirements of ss.
				140.145 and
				140.20, Stats., and this
				chapter.
(b) The proposed method of
				performing a notarial act involving a remotely located individual using the
				provider's communication technology.
(c) The proposed method by which a provider's
				identity proofing will operate to ensure compliance with s.
				140.07, Stats.
(d) Whether the provider's technology and
				identity proofing processes meet the most current standards of the Mortgage
				Industry Standards Maintenance Organization.
(e) The means used to ensure that notarial
				acts for a remotely located individual are accurate, authentic, resistant to
				tampering, and tamper-evident.
(f)
				The means used to ensure that all parties using the communication technology
				are viewing the same record, and that all signatures, changes, and attachments
				to the record are made in real time.
(g) The means used to ensure that the
				communication technology is secure from hacking or interception.
(h) The means used to ensure that a notarial
				act for a remotely located individual is recorded and adequately preserved for
				a period of at least seven years after the recording is made.
(i) The means used to ensure that a notary
				public is properly instructed and competent to perform a notarial act for a
				remotely located individual using the provider's communication
				technology.
(j) All jurisdictions
				in which a provider's communication technology has been approved or disapproved
				for the performance of a notarial act for a remotely located
				individual.
(k) A provider's
				experience utilizing the means, processes, and procedures described in this
				subsection.
(l) Any warning letters
				or complaints received, or disciplinary actions taken against a provider in any
				other jurisdiction.
(m) Any pending
				or adjudicated lawsuits against a provider relating in any way to the
				performance of notarial acts using the provider's communication technology in
				any jurisdiction.
(n) Whether the
				provider has and will maintain insurance coverage or other security for
				potential errors or omissions relating to the communication technology or
				provider's processes.
(o) Any other
				information that the department or remote notary council requests and believes
				is necessary or helpful in evaluating a provider's request for
				approval.