Recently, Davis|Kuelthau noted in that Remote Online Notarization (“RON”) will be permissible in Wisconsin in accordance with 2019 Wisconsin Act 125 which was signed into law on March 3, 2020.  Under Act 125 certain rules were to be promulgated by the Wisconsin Department of Financial Institutions (“DFI”) to approve notaries and otherwise govern the use of RON.  These rules were not expected to be available until fall of 2020.  However, due to the COVID-19 crisis, DFI has used its rulemaking authority to make RON available now.  See “Emergency Guidance on Remote Notarization, March 17, 2020” below.  DFI believes this can facilitate transactions and reduce the risks to participants during the COVID-19 crisis.  If you use RON, we recommend that you work with title companies experienced in using the systems during this time.

Additionally, a word of caution, DFI implies in the emergency rule that RON can be used for the creation and execution of testamentary documents.  Such as use would be expressly counter to an exception prohibiting such use that exists in the law as passed.