WY House Bill 35 | NNA
Law

WY House Bill 35

Notary Law Update: WY House Bill 35

State: Wyoming

Summary:

House Bill 35 clarifies that the statutory “short form” notarial certificates contained in Section 34-26-108 of the Wyoming Statutes are presumptive evidence of the facts the Notary certified in performing the notarial act – specifically relating to the facts surrounding acknowledgments signed in an individual and representative capacity.

Signed:  March 15, 2012

Effective:  July 01, 2012

Chapter: 83

Affects:

Amends Section 34-26-107 of the Wyoming Statutes

Changes:
  1. Clarifies that a certificate of a notarial act in a form as set out in W.S. 34-26-108 shall be presumptive evidence that: (a) individuals signing in an individual capacity appeared personally before the notarial officer and acknowledged executing the document; (b) individuals signing as an attorney in fact appeared personally before the notarial officer and acknowledged executing the document on behalf of the principal; and (c) individuals signing on behalf of a corporation or other entity personally appeared before the notarial officer and under oath represented that he or she is an officer or the corporation or entity, that the seal affixed to the document (if any) is the corporate seal of the corporation or entity, and that he or she acknowledged executing the instrument as the free act and deed of the corporation or entity.
Analysis:

House Bill 35 makes a clarifying amendment to Wyoming Statutes Section 34-26-107(c). When a notarial officer signs and authenticates a notarial certificate with his or her seal, courts rely upon the facts contained in the certificate. Courts “presume” such facts are true. The “presumption” granted to notarial certificates by virtue of carrying the signature and seal of a Notary is very important. It means that notarized documents are received directly into evidence without a hearing to admit them. This “presumptive evidence” does not mean that the certificate is always true; on the contrary, once a document containing a notarial certificate is admitted into evidence in court, it may be challenged and rebutted. HB 35 clarifies that the statutory “short form” notarial certificates contained in Section 34-26-108 establish the facts the Notary certified in performing the notarial act – specifically relating to acknowledgments signed in an individual and representative capacity.

Read the bill text.

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