32-3-121(a).

32-3-121(a).

(b) To be eligible for a new or renewed commission, an applicant shall pass an examination and shall meet the education requirements as provided in rule and in W.S. 32-3-121 and shall not have been disqualified as provided in W.S. 32-3-122.

(c) An individual qualified under subsection (a) of this section may apply to the secretary of state for a new or renewed commission as a notary public.

(d) An applicant for a new or renewed commission shall:

(i) Complete an application and oath of office in the form prescribed by the secretary of state;  (ii) Pay a filing fee of sixty dollars ($60.00);

(iii) Provide certification that the applicant has passed the examination and completed the education requirements in rule and in W.S. 32-3-121; and

(iv) Submit the application and oath, certification and filing fee to the secretary of state.

(e) The secretary of state shall issue a commission for a six (6) year term as a notary public to an applicant for a new or a renewed commission who has complied with this section.

(f) An individual shall not have more than one (1) Wyoming notary public commission in effect at the same time.

(g) A commission to act as a notary public authorizes the notary public to perform notarial acts. Before a notary public performs the notary public's initial notarial act with respect to an electronic record, or a remotely located person, a notary public shall notify the secretary of state that the notary public will perform notarial acts with respect to electronic records or a remotely located person and identify the electronic notarization systems or other forms of communication technology the notary public intends to use.

(h) The commission shall not provide the notary public any immunity or benefit conferred by law of this state on public officials or employees.

32-3-121. Examination and education of notary public.

(a) An applicant for a new or renewed commission as a notary public in this state must pass an examination administered by the secretary of state or an entity approved by the secretary of state. The examination must be based on the course of study described in subsection (b) of this section.

(b) The secretary of state or an entity approved by the secretary of state shall regularly offer a course of study to applicants for a new or renewed commission. The course shall cover the laws, rules, procedures and ethics relevant to notarial acts.

(c) For a new notary public commission filed on or after July 1, 2021, or upon any renewal filed on or after July 1, 2021, in addition to passing the examination required in subsection (a) of this section the applicant shall complete notary public education as required by the secretary of state.

(d) The secretary of state may collect reasonable fees commensurate with the cost incurred by the secretary of state's office for providing notary public education and examination.

32-3-122. Grounds to deny, refuse to renew, revoke, suspend or condition commission of a notary public.

(a) The secretary of state may suspend or impose conditions on a commission as a notary public for failure to:

(i) Meet the examination and education requirements set forth in W.S. 32-3-121; or

(ii) Pay the application filing fee.

(b) The secretary of state may deny, refuse to renew or revoke a commission as notary public for any act or omission that demonstrates that the individual lacks the honesty, integrity, competence or reliability to act as a notary public, including:

(i) A fraudulent, dishonest or deceitful misstatement or omission in the application for a commission as a notary public submitted to the secretary of state;

(ii) A conviction of the applicant or notary public of any felony relevant to the duties of a notary or a crime involving fraud, dishonesty or deceit;

(iii) A finding against, or admission of liability by, the applicant or notary public in any legal proceeding or disciplinary action based on the applicant's or notary public's fraud, dishonesty or deceit;

(iv) Failure by the notary public to discharge any duty required of a notary public, whether by this act, rules of the secretary of state, or any federal or state law;

(v) Use of false or misleading advertising or representation by the notary public representing that he has a duty, right or privilege that he does not have;

(vi) Violation by the notary public of a rule or requirement of the secretary of state regarding a notary public;  (vii) Denial, refusal to renew, revocation, suspension or conditioning of a notary public commission in another state;

(viii) Failure to comply with any term of suspension or condition imposed on the commission of a notary public under this section; or

(ix) Performance of any notarial act while not currently commissioned by the secretary of state or pursuant to other authority to perform a notarial act under this act.

(c) A notary public who is convicted of or pleads guilty or no contest to a felony or a crime involving fraud, dishonesty or deceit shall notify the secretary of state by written notice within thirty (30) days of the conviction or plea.

(d) The authority of the secretary of state to deny, refuse to renew, suspend, revoke or impose conditions on a commission as a notary public does not prevent a person from seeking and obtaining other criminal or civil remedies provided by law.

(e) A person may not apply for or receive a commission and appointment as a notary public if a denial, refusal to renew or revocation pursuant to this section has been issued by the secretary of state except as otherwise provided by rule of the secretary of state.

(f) If the secretary of state denies, refuses to renew, revokes, suspends or imposes conditions on a commission as a notary public, the applicant or notary public is entitled to contest the action in accordance with the Wyoming Administrative Procedure Act.

32-3-123. Prohibited acts; penalties.

(a) A notarial officer shall not:

(i) Perform a notarial act with respect to a record to which the officer or the officer's spouse or civil partner is a party or in which either of them has a direct beneficial interest;

(ii) Notarize the officer's own signature;  (iii) Notarize a record in which the officer is individually named or from which the officer will directly benefit by a transaction involving the record;

(iv) Certify a copy of an official record issued by a public entity, such as a birth, death or marriage certificate, a court record or a school transcript, unless the officer is employed by the entity issuing or holding the original version of the record;

(v) Affix the notarial officer's official signature or stamp to any record that does not contain the officer's completed notarial certificate;

(vi) Investigate, ascertain or attest the lawfulness, propriety, accuracy or truthfulness of a record or transaction involving a notarial act;

(vii) Execute a certificate containing information known or believed by the notarial officer to be false;

(viii) Perform any official action with the intent to deceive or defraud; or

(ix) Use the official notarial officer title or stamp to endorse, promote, denounce or oppose any product, service, contest, candidate or other offering.

(b) A commission as a notary public does not authorize an individual to:

(i) Assist persons in drafting legal records, give legal advice, influence or otherwise practice law;

(ii) Act as an immigration consultant or an expert on immigration matters;

(iii) Represent a person in a judicial or administrative proceeding relating to immigration to the United States, United States citizenship or related matters; or

(iv) Receive compensation for performing any of the activities listed in this subsection.

(c) A notary public shall not engage in false or deceptive advertising.  (d) A notary public, other than an attorney licensed to practice law in this state, shall not use the term "notario" or "notario publico".

(e) A notary public, other than an attorney licensed to practice law in this state, shall not advertise or represent that the notary public may assist persons in drafting legal records, give legal advice or otherwise practice law. If a notary public who is not an attorney licensed to practice law in this state in any manner advertises or represents that the notary public offers notarial services, whether orally or in a record, including broadcast media, print media and the internet, the notary public shall include the following statement, or an alternate statement authorized or required by the secretary of state, in the advertisement or representation, prominently and in each language used in the advertisement or representation: "I am not an attorney licensed to practice law in this state. I am not allowed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities". If the form of advertisement or representation is not broadcast media, print media or the internet and does not permit inclusion of the statement required by this subsection because of size, it must be displayed prominently or provided at the place of performance of the notarial act before the notarial act is performed.

(f) Except as otherwise allowed by law, a notary public shall not withhold access to or possession of an original record provided by a person that seeks performance of a notarial act by the notary public.

(g) Nothing in this act shall be construed to deny a notarial officer the right to obtain an assurance in the form of a surety bond or errors and omissions insurance on a voluntary basis to provide coverage for liability.

32-3-124. Validity of notarial acts.

The failure of a notarial officer to perform a duty or meet a requirement specified in this act does not invalidate a notarial act performed by the notarial officer. The validity of a notarial act in this act does not prevent an aggrieved person from seeking to invalidate the record or transaction that is the subject of the notarial act or from seeking other remedies based on the law of this state other than this act or law of the United States. This section does not validate a purported notarial act performed by an individual who does not have the authority to perform notarial acts.

32-3-125. Rulemaking authority.

The secretary of state shall promulgate reasonable rules and regulations necessary to carry out the purposes of this act.

32-3-126. Notarial officer fees.

(a) For performing a notarial act, a notarial officer may charge the maximum fees specified in this section, charge less than the maximum fees or waive the fees.

(b) A notarial officer may charge the following fees:

(i) Not more than ten dollars ($10.00) per notarial act; or

(ii) Not more than ten dollars ($10.00) per acknowledgement, signature, oath or affirmation, certification or note of protest if more than one (1) person appears before a notarial officer to complete a notarial act on a single record;

(iii) A technology fee associated with utilizing an electronic notarization system or other form of communication technology if:

(A) The notarial officer and the person requesting the notarial act agree upon the total fee in advance of the notarial act; and

(B) The notarial officer explains to the person requesting the notarial act that the technology fee is both separate from the notarial fee, if any, and neither specified nor mandated by law.

(iv) A travel fee when traveling to perform a notarial act provided that:

(A) A fee charged for travel must be equal to or less than the standard mileage rates allowed by the United States Internal Revenue Service;

(B) The notarial officer and the person requesting the notarial act agree upon the travel fee in advance of the travel; and  (C) The notarial officer explains to the person requesting the notarial act that the travel fee is both separate from the notarial fee, if any, and neither specified nor mandated by law.

(c) A notarial officer may require payment of any fees specified in this section prior to performance of a notarial act.

(d) Any fees paid to a notarial officer prior to performance of a notarial act are nonrefundable, at the discretion of the notarial officer, if:

(i) The act was completed;

(ii) In the case of technology fees paid in compliance with this section, the act was not completed due to the principal failing to pass knowledge based authentication or identity proofing that may be required by an electronic notarization system or other form of communication technology, whether due to fraud or innocent reasons; or

(iii) In the case of travel fees paid in compliance with this section, the act was not completed for reasons determined valid in rules adopted by the secretary of state.

(e) An employer may prohibit an employee who is a notarial officer from charging for notarial acts performed as part of the employee's employment.

32-3-127. Change of name or contact information.

(a) A notary public shall notify the secretary of state within thirty (30) days of any change in the information on file with the secretary of state using a form prescribed by the secretary of state.

(b) In the case of a name change, the notary public shall also include:

(i) A sample of the officer's handwritten official signature on the notice; and

(ii) A ten dollar ($10.00) filing fee.

32-3-128. Notary public commission in effect. A commission as a notary public in effect on the effective date of this act continues until its date of expiration. A notary public who applies to renew a commission as a notary public on or after the effective date of this act is subject to and shall comply with this act. A notary public, in performing notarial acts after the effective date of this act, shall comply with this act.

32-3-129. Savings clause.

This act does not affect the validity or effect of a notarial act performed before July 1, 2021.

32-3-130. Uniformity of application and construction.

In applying and construing this act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

32-3-131. Relation to electronic signatures in Global and National Commerce Act.

This act modifies, limits and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c) or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).