Wyoming laws on notaries public can be found in Title 32 of Wyoming Statutes. Pursuant to Wyo. Stat. § 32-1-101, the secretary of state should commission as a notary any qualified person who submits an application in a form prescribed by the secretary of state. To be qualified for a notarial commission, a person should:
- Be at least eighteen years of age;
- Be a resident of the state of Wyoming and the county from which making application;
- Be able to read and write the English language; and
- Submit an application certifying compliance with the requirements of the statute, accompanied by a fee of thirty dollars.
A person commissioned as a notary by the secretary of state may perform notarial acts in any part of the state for a term of four years. Also a person holding a notarial commission who changes residence to a different county should procure a new notary commission for the new county of residence.
Wyo. Stat. § 32-1-104 provides that no notarial commission becomes effective until the applicant files with the county clerk within sixty days after issuance of the commission an oath and bond in the amount of five hundred dollars conditioned on the faithful performance of the duties of the office.
The applicant should swear or affirm under oath to support the constitution of the U.S. and the constitution of Wyoming and to faithfully and impartially discharge and perform all the duties of a notary. The bond should be executed by the applicant and two sureties, to be approved by the county clerk, or by a surety company licensed in this state. Upon the filing of the oath and bond the county clerk should transmit the notarial commission to the notary and the county clerk should send a written notice of qualification to the secretary of state.
Upon cancellation of a notarial bond by a surety as a result of claims paid by the surety to persons injured as a result of the bonded notary’s negligence or misconduct, the secretary of state should notify the notary by certified mail return receipt requested that the notary’s commission is revoked unless within twenty days after the notary receives the notice the notary files proof with the secretary of state that the notary has secured another bond in the full amount of five hundred dollars.
Wyo. Stat. § 32-1-105 provides that every notary may administer oaths and affirmations, take depositions, receive acknowledgments of deeds, mortgages and powers of attorney and other instruments in writing.
A notary serves as an impartial witness to the signing of a document, establishes the identity of the person signing the document and attests that the signature on the document was made in his presence. If the person did not appear before the notary and sign the document in the notary’s presence, the notary may acknowledge the person’s signature when the person appears before the notary, presents proper identification, acknowledges the signature is that of the person and the document was voluntarily executed by the person.
The administration of an oath or proof of acknowledgment of any instrument may be performed for use in this state with the same effect as if performed by a notary public in this state before:
- A justice, judge or clerk of any court of record of the United States;
- A justice, judge or clerk of any court of record of any state or territory;
- A notary public authorized by any state or territory to perform notarial acts; or
- Any other officer of the state or territory where the oath is administered or acknowledgment is made, authorized by its laws to administer an oath or take proof or acknowledgment.
Each notary public before entering upon the duties of his/her office, should provide himself with an official seal with which s/he should authenticate all his/her official acts, which seal should clearly show, when embossed, stamped, impressed or affixed to a document, his/her name, the words notary public, the name of the county wherein s/he resides, and the word Wyoming, and the seal of a notary public should not be levied upon or sold. If the notary public changes his/her county of residence to a different county than that shown on the seal, s/he should have the seal altered to indicate such change.
Pursuant to Wyo. Stat. § 32-1-107, in all the courts within Wyoming state the certificate of a notary public over his/her hand and official seal, should be received as presumptive evidence of the facts contained in such certificate; provided, that any person interested as a party to a suit may contradict, by other evidence, the certificate of a notary public.
If any person is damaged or injured by the unlawful act, negligence or misconduct of any notary public, the person damaged or injured may maintain a civil action on the bond of such notary public against such notary public, and his/her sureties; and the recovery in such action is not a bar to any future action for other cause, to the full amount of the bond.
Wyo. Stat. § 32-1-109 provides that whoever, having been appointed a notary public, does or performs any act as a notary public, after the expiration of his/her term of office, knowing that such term of office has expired, will be fined not more than five hundred dollars and not less than twenty-five dollars.