Washington - U.S. Notary Reference
Last Update: May 29, 2025
QUICK FACTS
Notary Jurisdiction
Statewide (RCW 42.45.080[1][a]).
Notary Term Length
Four years (RCW 42.45.200[5]).
Notary Bond
$10,000.
Notary Seal
Required for Notaries Public on tangible and electronic records (RCW 42.45.130[2][a]).
Notary Journal
Required (RCW 42.45.180).
ADMINISTRATION AND RULES
Commissioning and Regulating Official
The Director of the Department of Licensing commissions (RCW 42.45.200[5]), regulates (RCW 42.45.250), and may take disciplinary action against the commission of Washington Notaries (RCW 42.45.210).
Contact Information
Address: Department of Licensing Notaries Public Program
P.O. Box 9027
Olympia, WA 98507-9027
405 Black Lake Blvd. SW
Olympia, WA 98502Phone: 360-664-1550
Laws, Rules and Guidelines
Laws
Revised Code of Washington: Most Notary rules are in the Revised Code of Washington (RCW), Chapter 42.55, “Revised Uniform Law on Notarial Acts,” and Chapter 64.08, “Acknowledgments.”
Citations: Citations to the Code in this chapter follow this convention: RCW, chapter followed by a period, section, and any subsection within the section separated by brackets. Example: RCW RCW 42.45.200[2][c].
Rules
Washington Administrative Code: Rules regulating electronic notarization and emergency rules regulating notarial acts for remotely located individuals are in the Washington Administrative Code (WAC), Chapter 308-30, “Notaries Public.”
Citations: Citations to the Code in this chapter follow this convention: WAS, title followed by a hyphen, chapter followed by a hyphen, section, and any subsection within the section separated by brackets. Example: WAC 308-30-300[4][a].
Guidelines
Notary Public Guide: Additional guidelines for Notaries may be found in the Washington State Notary Public Guide (NPG) (July 1, 2018). The Guide may be downloaded from the Department of Licensing’s website.
LISTSERV: Washington Notaries may join a “Notaries LISTSERV” to get the latest pertinent law updates and rule changes by email. For example, “Frequently Asked RULONA Questions” were distributed to the Notaries LISTSERV in advance of the July 1, 2018, effective date in May 2018.
COMMISSION AND APPOINTMENT
Commission Process
Qualifications: “An applicant for a commission as a notary public must:
“(a) Be at least eighteen years of age;
“(b) Be a resident of or have a place of employment or practice in this state;
“(c) Be able to read and write English; and
“(d) Not be disqualified to receive a commission under RCW 42.45.210” (RCW 42.45.200[2]).Course: Not required.
Exam: Not required.
Application
Online or Paper Filing: An applicant for a Notary Public commission may apply for a new or renewal commission online at SecureAccess Washington (SAW), or by mail. An application form is available for download from the Department of Licensing’s website.
Contents
Bond, Fee, Oath: “The application [for appointment as a Notary] shall include:
“(a) Evidence of a ten thousand dollar surety bond, signed by the notary public, that conforms to RCW 42.45.200(4);
“(b) Payment of the prescribed fee; and
“(c) A signed and notarized oath of office” (WAC 308-30-030[1]). The application includes an oath of office (Section D), which an applicant must sign and swear or affirm in the presence of a current Notary Public.Names: “As part of a notary public commission application, an applicant shall provide both their legal name and their commission name. The applicant’s commission name must contain their surname, and at least the initials of the applicant’s first and middle name” (WAC 308-30-030[2]).
Fee: $40 for a new appointment; $42 for a renewal appointment (WAC 308-30-060). Forms of payment accepted online include Visa, MasterCard, or American Express credit or debit card, or by entering bank account information.
Official Stamp: Upon receipt of the certificate of commissioning, the applicant must purchase a Notary official stamp. The seal or stamp may not be purchased until the certificate is received, as the commissioning certificate must be presented to the vendor (WAC 308-30-080[1]).
Incomplete or Invalid Application: “If the department receives an incomplete or invalid application, the department shall hold the application for thirty calendar days to allow the applicant to cure any defects. After the thirty day period, the application shall be canceled and any application fees forfeited” (WAC 308-30-040[2]).
Commission Required: “An applicant may not perform any notarial acts on a tangible record before receiving a notary public commission … from the department” (WAC 308-30-040[3]).
Background Screening: Not required.
Nonresidents: Nonresidents of Washington may become Notaries in the state if they have a place of employment or practice in Washington (RCW 42.45.200[2][c]).
Reappointment: “A notary public shall reapply with the department for each commission term before performing notarial acts” (WAC 308-30-030[6]).
No Immunity or Benefit: “A commission to act as a notary public authorizes the notary public to perform notarial acts. The commission does not provide the notary public any immunity or benefit conferred by law of this state on public officials or employees” (RCW 42.45.200[6]).
Electronic Records and Remote Notary Public Endorsement
In-Person Electronic Notarial Acts
Requirement: “Before an electronic records notary public performs the notary public’s initial notarial act with respect to an electronic record, an electronic records notary public shall notify the department that he or she will be performing notarial acts with respect to electronic records and identify the technology the electronic records notary public intends to use” (RCW 42.45.190[3]).
Qualifications: “An individual qualified under (a) of [RCW 42.45.200[7]) may apply to the director for a commission as an electronic records notary public. The applicant shall comply with and provide the information required by rules established by the director and pay the relevant application fee.”
Notary Commission: “An applicant for a commission as an electronic records notary public must hold a commission as notary public” (RCW 42.45.200[7][a]).
Application
Online or Paper Filing: A Notary may apply for an Electronic Records Notary Public endorsement either online at SecureAccess Washington (SAW), or by mail (website, “Get your license: Notaries public”).
Contents: “To apply for an electronic records notary public endorsement, an applicant who meets the requirements of RCW 42.45.200(7) shall submit an electronic records notary public application on forms provided by the department and pay the prescribed fee” (WAC 308-30-030[3]).
Fee: $15 (WAC 308-30-060).
Options: “An applicant may only apply for an electronic records notary public endorsement if:
“(a) They currently hold an active notary public commission; or
“(b) They are applying for a notary public commission and an electronic records notary public endorsement simultaneously” (WAC 308-30-030[4]).
Tamper-Evident Technology: “An individual applying for an electronic records notary public endorsement must inform the department within thirty days of applying of the tamper-evident technology provider that they have enrolled with before they perform their first electronic notarial act” (WAC 308-30-030[3]-[5]).
Term of Endorsement: “Unless terminated pursuant to WAC 308-30-270, an electronic records notary public endorsement … [is] valid from the date the endorsement is issued by the department, and continues as long as the notary public's current commission remains valid” (WAC 308-30-050[2]).
Termination of Endorsement: “A notary public may terminate their notary public commission and/or electronic records endorsement … by notifying the department of this intent in writing and disposing of all or any part of a tamper-evident technology in the notary's control whose purpose was to perform electronic notarizations” (WAC 308-30-270[2]).
“A notary public may terminate the electronic records notary public endorsement … and maintain the underlying notary public commission” (WAC 308-30-270[3]).
Remote Notarial Acts
Requirement: “Before an electronic records notary public performs the electronic records notary public’s initial notarial act under [RCW 42.45.280], the electronic records notary public must notify the director that the electronic records notary public will be performing notarial acts and identify the technologies the electronic records notary public intends to use. If the director has established standards under subsection (8) of [RCW 42.45.280] and RCW 42.45.250 for approval of communication technology or identity proofing, the communication technology and identity proofing must conform to the standards” (RCW 42.45.280[7]).
Application
Email or Paper Filing: A Notary must apply for an electronic records Notary endorsement (see above). If a Notary already has an electronic records Notary endorsement, the Notary may email the Department of Licensing to apply for a remote notary endorsement or contact the Department by mail (website, “Get your license: Notaries public”).
Remote Notarization System: A Notary must include the name of their remote notarization software in the email request to the Department (website, “Get your license: Notaries public”).
Endorsement Optional: “A notary public may elect not to apply for … a remote notary endorsement” (WAC 308-30-030[9]).
Endorsement Required to Perform Acts: “An applicant may not perform any notarial acts on a tangible or electronic record before receiving a notary public commission and the appropriate endorsement from the department” (WAC 308-30-040[3]).
Options: “An applicant may only apply for a remote notary endorsement if:
”(a) They currently hold an active notary public commission with an electronic records notary public endorsement;
”(b) They currently hold an active notary public commission, and are applying for an electronic records notary public endorsement and a remote notary endorsement simultaneously; or
”(c) They are applying for a notary public commission, an electronic records notary public endorsement, and a remote notarial acts endorsement simultaneously” (WAC 308-30-030[7]).Reapplication Required: “A notary public shall reapply with the department for each commission term before performing notarial acts” (WAC 308-30-030[8]).
Term of Endorsement: “Unless terminated pursuant to WAC 308-30-270, … the remote notary endorsement [is] valid from the date the endorsement is issued by the department, and continues as long as the notary public's current commission remains valid” (WAC 308-30-050[2]).
Termination of Endorsement: “A notary public may terminate their notary public commission and/or … remote notary endorsement by notifying the department of this intent in writing and disposing of all or any part of a tamper-evident technology in the notary's control whose purpose was to perform electronic notarizations” (WAC 308-30-270[2]).
“A notary public may terminate the … remote notary endorsement and maintain the underlying notary public commission” (WAC 308-30-270[3]).
Online Search
“The director shall maintain an electronic database of notaries public:
“(1) Through which a person may verify the authority of a notary public to perform notarial acts; and
“(2) Which indicates whether a notary public has notified the director that the notary public will be performing notarial acts on electronic records” (RCW 42.45.220).
The Department’s system for online search of business and professional licenses allows access to certain data, including that related to the appointment of Notaries. Information available about a given Washington Notary includes city and zip code, license number, active or inactive status and appointment expiration date.
Jurisdiction
“A notarial act may be performed in this state by… [a] notary public of this state” (RCW 42.45.080[1][a]).
“In performing a notarial act, the notary public shall be physically within the geographic borders of the state of Washington” (WAC 308-30-110[1]).
Term Length
Length: “On compliance with [RCW 42.45.200], the director shall issue a commission as a notary public to an applicant for a term of four years or for a term that expires on the date of expiration of the assurance, whichever comes first” (RCW 42.45.200[5]).
Expiration: “The term of a notary public commission shall expire on the expiration date of the notary public’s surety bond, no more than four years after their commission date” (WAC 308-30-050[1]).
Endorsement Length: “Unless terminated pursuant to WAC 308-30-270, an electronic records notary public endorsement and the remote notary endorsement are valid from the date the endorsement is issued by the department, and continues as long as the notary public’s current commission remains valid” (WAC 308-30-050[2]).
Bond
Requirement: Required. “Before issuance of a commission as a notary public, the applicant for a commission shall submit to the director an assurance in the form of a surety bond in the amount established by the director in rule. The assurance must be issued by a surety or other entity licensed or authorized to write surety bonds in this state” (RCW 42.45.200[4]).
Form and Term: “The assurance must be effective for a four-year term or for a term that expires on the date the notary public’s commission expires. The assurance must cover acts performed during the term of the notary public’s commission and must be in the form prescribed by the director. If a notary public violates law with respect to notaries public in this state, the surety or issuing entity is liable under the assurance. (RCW 42.45.200[4]).
Cancellation: The surety or issuing entity shall give at least thirty days’ notice to the department before canceling the assurance. The surety or issuing entity shall notify the department not later than thirty days after making a payment to a claimant under the assurance. A notary public may perform notarial acts in this state only during the period that a valid assurance is on file with the department” (RCW 42.45.200[4]).
Changes of Status
Address Change: Notaries who move must notify the department on forms prescribed by the department (WAC 308-30-250[1]). The name as shown on the certificate of appointment, along with date of birth, and previous and new addresses, must be included (website, “How to Change Your Name or Address”). Notification may also be made online through SecureAccess Washington or by email.
Name Change
Paper or Online Filing: Notaries who change their name must notify the Department of Licensing on forms prescribed by the Department (WAC 308-30-250[1]). Notification may also be made online through SecureAccess Washington or by email.
Bond Rider: “A name change notification must be accompanied by a bond rider from the bonding company amending the notary bond, and the prescribed fee for a name change which provides a duplicate notary certificate showing the new name. There is no charge for an address change and a new certificate is not issued” (WAC 308-30-250[2]).
Use of Existing Official Stamp: “A notary that submits a name change notification shall continue to use their original notary stamp or seal and their original name and signature until they receive a new commission certificate and seal or stamp with the new information” (WAC 308-30-250[3]).
Application Information Change: “If any of the information submitted on a notary public’s commission or endorsement applications pursuant to WAC 308-30-030 changes, the notary public shall report this change to the department in writing within fifteen days” (WAC 308-30-280).
Resignation
Written Notification: “A notary public may terminate their notary public commission and/or electronic records endorsement and/or remote notary endorsement by notifying the department of this intent in writing and disposing of all or any part of a tamper-evident technology in the notary’s control whose purpose was to perform electronic notarizations” (WAC 308-30-270[2]).
Terminate Endorsement Only: “A notary public may terminate the electronic records notary public endorsement or the remote notary endorsement and maintain the underlying notary public commission” (WAC 308-30-270[3]).
Disable Stamping Device: “On resignation from, or the revocation of expiration of, the notary public’s commission, or on the expiration of the date set forth in the stamping device, if any, the notary public shall disable the stamping device by destroying, defacing, damaging, erasing, or securing it against use in a manner that renders it unusable” (RCW 42.45.160[1]).
“A notary public whose commission is terminated or expired, either by the notary or the department, shall disable their official stamp by destroying, defacing, damaging, or securing the device against use. The notary shall maintain their notarial journals for ten years as required by RCW 42.45.180 and WAC 308-30-210” (WAC 308-30-270[4]).
Incompetency or Death of Notary: “On the death or adjudication of incompetency of a notary public, the notary public’s personal representative or guardian or any other person knowingly in possession of the stamping device shall render it unusable by destroying, defacing, damaging, erasing, or securing it against use in a manner that renders it unusable” (RCW 42.45.160[1]).
NOTARIAL ACTS
Authorized Acts
Notarial Acts: Washington Notaries are authorized to perform the following notarial acts (RCW 42.45.010[8]):
Take acknowledgments;
Administer oaths and affirmations;
Take a verification on oath or affirmation;
Witness or attest a signature;
Certify or attest a copy;
Certify the occurrence of an event or the performance of an act; and
Note a protest of a negotiable instrument (see “Protests” below for qualifications and limitations).
In-Person Electronic and Remote Notarial Acts: Washington Notaries who have been granted a special endorsement to perform technology-based notarial acts may perform the notarial acts listed above electronically or remotely (WAC 308-30-290[1]).
Acknowledgments
Definitions
Acknowledgment: “‘Acknowledgment’ means a declaration by an individual in the presence of a notarial officer stating that the individual has signed a record of the individual’s free will for the purpose stated in the record and, if the record is signed in a representative capacity, the individual also declares that he or she signed the record with proper authority and signed it as the act of the individual or entity identified in the record” (RCW 42.45.010[1]).
In a Representative Capacity: “‘In a representative capacity’ means:
“(a) For and on behalf of a corporation, partnership, trust, or other entity, as an authorized officer, agent, partner, trustee, or other representative;
“(b) As a public officer, personal representative, guardian, or other representative, in the capacity recited in the instrument;
“(c) As an attorney in fact for a principal; or
“(d) In any other capacity as an authorized representative of another” (RCW 42.44.010[6]).
Requirements
Identity of Principal: “A notarial officer who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the acknowledgment has the identity claimed….” (RCW 42.45.030[1]).
Signature of Principal: “A notarial officer who takes an acknowledgment of a record shall determine … that the signature on the record is the signature of the individual” (RCW 42.45.030[1]).
Acknowledgment of Principal: The individual making the acknowledgment must verbally “declare” (acknowledge) to the Notary (RCW 42.45.010[1]):
Signature: The individual must acknowledge that “the individual signed a record for the purpose stated in the record….”
Representative Capacity and Authority: If the individual has or is signing the record in a representative capacity, the individual must declare “that the individual signed the record with proper authority and signed it as the act of the individual or entity identified in the record.”
“When you take an acknowledgement, the signer is telling you that he or she:
”• Is signing the document voluntarily.
”• Understands the purpose of the document.
”• Acknowledges the signature, if pre-signed. (This is the only notary act that may be pre-signed, but the signer must still appear before you in person.)” (website, “How to perform notary acts”).
Oaths and Affirmations
Oath-Administering Officials: “Every court, judge, clerk of a court, state-certified court reporter, or notary public, is authorized to take testimony in any action, suit or proceeding, and such other persons in particular cases as authorized by law. Every such court or officer is authorized to collect fees established under RCW 36.18.020 and 36.18.012 through 36.18.018 and to administer oaths and affirmations generally and to every such other person in such particular case as authorized” (RCW 5.28.010).
Affirmation in Lieu of Oath: “Whenever an oath is required, an affirmation, as prescribed in RCW 5.28.50 is to be deemed equivalent thereto, and a false affirmation is to be deemed perjury, equally with a false oath” (RCW 5.28.060).
Form of Oath: “An oath may be administered as follows: The person who swears holds up his or her hand, while the person administering the oath thus addresses him or her: ‘You do solemnly swear that the evidence you shall give in the issue (or matter) now pending between ____________ and ____________ shall be the truth, the whole truth, and nothing but the truth, so help you God.’ If the oath be administered to any other than a witness giving testimony, the form may be changed to: ‘You do solemnly swear you will true answers make to such questions as you may be asked,’ etc.” (RCW 5.28.020).
“Whenever the court or officer before which a person is offered as a witness is satisfied that he or she has a peculiar mode of swearing connected with or in addition to the usual form of administration, which, in witness’ opinion, is more solemn or obligatory, the court or officer may, in its discretion, adopt that mode” (RCW 5.28.030).
“When a person is sworn who believes in any other than the Christian religion, he or she may be sworn according to the peculiar ceremonies of his or her religion, if there be any such” (RCW 5.28.040).Form of Affirmation: “Any person who has conscientious scruples against taking an oath, may make his or her solemn affirmation, by assenting, when addressed, in the following manner: ‘You do solemnly affirm that,” etc., as in RCW 5.28.020’ (RCW 5.28.050).
Verbal Act: “Because taking an oath or affirmation is primarily a verbal act, there is no certificate associated with it” (NPG).
Verifications on Oath or Affirmation
Definition: “‘Verification on oath or affirmation’ means a declaration, made by an individual on oath or affirmation before a notarial officer, that a statement in a record is true” (RCW 42.45.010[18]).
Requirements
Identity of Principal: “A notarial officer who takes a verification of a statement on oath or affirmation shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the verification has the identity claimed….” (RCW 42.45.030[2]).
Signature of Principal: “A notarial officer who takes a verification of a statement on oath or affirmation shall determine …. that the signature on the statement verified is the signature of the individual” (RCW 42.45.030[2]).
Oath/Affirmation: The short form certificate of notarial act for a verification on oath or affirmation (RCW 42.45.140[3]) states, “Signed and sworn to (or affirmed) before me …” indicating that the notarial officer performing the verification must administer an oath or affirmation to the principal.
Witness Signature: The short form certificate of notarial act for a verification on oath or affirmation (RCW 42.45.140[3]) states, “Signed and sworn to (or affirmed) before me …” indicating that the notarial officer performing the verification must administer an oath or affirmation to the principal.
Signature Witnessings
Requirements
Identity of Principal: “A notarial officer who witnesses or attests to a signature shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and signing the record has the identity claimed” (RCW 42.45.030[3]).
Witness or Attest Signature: “Witnessing or attesting a signing party’s signature can be done in one of two ways:
”• Witness the signature taking place, by having the signing party physically present to sign the document.
”• If the document is already signed, then the signing party can have the signature attested
instead, where the signing party signs a second time in the notary’s presence” (NPG).
Copy Certifications
Definition: “A notary who certifies or attests a copy of a document is verifying that the document in question is an exact copy of another document” (NPG).
Requirements
Full, True, Accurate Copy: “A notarial officer who certifies or attests a copy of a record or an item that was copied shall compare the copy with the original record or item and determine that the copy is a full, true, and accurate transcription or reproduction of the record or item” (RCW 42.45.030[4]).
Photocopy Record: “The simplest way to ensure that the copy meets this standard is for the notary to make the copy themselves when possible” (NPG).
Paper Printout of Electronic Record: “A notarial officer may certify that a tangible copy of an electronic record is an accurate copy of the electronic record: (RCW 42.45..020[3]).
“A person is guilty of false certification, if, being a notarial officer making a certification authorized by RCW 42.45.020(3), he or she knowingly certifies falsely that a tangible copy of an electronic record is an accurate copy of the electronic record” (RCW 9A.60.050[2]).
Event and Act Certifications
Description: Washington state has long authorized Notaries to perform a very unique function that until only recently was allowed only in the state. As an impartial official witness, the law authorizes Notaries to certify the occurrence of an event or act. “Event” speaks to a noteworthy happening or social occasion or activity (Merriam-Webster “Event.” https://www.merriam-webster.com/dictionary/event.). “Act” is the doing of a thing (Merriam-Webster “Event.” https://www.merriam-webster.com/dictionary/act.). Both words likely are synonyms, although perhaps “event” is more specific than “act.”
Requirements
Occurrence: “A notarial officer who certifies that an event has occurred or an act has been performed shall determine, from personal knowledge or satisfactory evidence, that the occurrence or performance took place” (WAC 308-30-110[2]).
Document: Formerly the Department indicated on its website that the event or act must be described in a document that is not produced or signed by the Notary.
Witness: “When relying on the oath or affirmation of a witness, the act is very similar to performing a jurat, in that you will have the witness swear an oath or affirmation that the event occurred or the act was performed, then will have the signing party sign the document documenting that event or act. If the notary is relying on their own observations, they may skip this and simply notarize the document. Keep in mind that just like with a jurat, if a notary is relying on the oath or affirmation of a third party reliable witness, that reliable witness should be someone that the notary has a personal enough connection such that they would be willing and able to testify to that relationship in court” (NPG).
Protests
Definition: “A protest is a certificate of dishonor made by a United States consul or vice-consul, or a notary public or other person authorized to administer oaths by the law of the place where dishonor occurs. It may be made upon information satisfactory to that person. The protest must identify the instrument and certify either that presentment has been made or, if not made, the reason why it was not made, and that the instrument has been dishonored by nonacceptance or nonpayment. The protest may also certify that notice of dishonor has been given to some or all parties” (RCW 62A.3-505[b]).
Requirements: “A notarial officer may make or note a protest of a negotiable instrument only if the notarial officer is licensed to practice law in this state, acting under the authority of an attorney who is licensed to practice law in this or another state, or acting under the authority of a financial institution regulated by this state, another state, or the federal government. In making or noting a protest of a negotiable instrument the notarial officer or licensed attorney shall determine the matters set forth in RCW 62A.3-505(b)” (RCW 42.45.030[5]; see also WAC 308-30-120[6]).
In-Person Electronic Notarial Acts
Definition: “'Electronic notarial acts' means notarizations or notarial acts with respect to electronic records” (WAC 208-30-020).
Remote Notarial Acts
Definition: "'Remote notarial act' means a notarization that is performed using audio-video technology that meets the requirements in WAC 308-30-130 that allows for direct interaction between the notary and the individuals that are remotely located” (WAC 308-30-020).
STANDARDS OF PRACTICE
Personal Appearance
Definition: "'Appear personally' means:
”(a) Being in the same physical location as another individual and close enough to see, hear, communicate with, and exchange tangible identification credentials with that individual; or
”(b) For remote notarial acts, being in a different physical location from another individual but able to see, hear, and communicate with that individual by means of communication technology” (WAC 308-30-020).Notarial Acts: “Except as provided in RCW 42.45.280, if a notarial act relates to a statement made in or a signature executed on a record, the individual making the statement or executing the signature shall appear personally before the notarial officer” (RCW 42.45.040).
“The physical presence rule applies to any signing party, even if they are personally known to the notary. This is also true for electronic notarizations of documents: the signing party or parties must be in the physical presence of the notary even though the documents will be on a computer or online” (NPG).In-Person Electronic Notarial Acts: “Electronic notarial acts shall conform to the requirements listed in these rules and RCW 42.45.040 on signing parties appearing before the notary” (WAC 308-30-110[2]).
Remote Notarial Acts: “A remotely located individual complies with RCW 42.45.040 by using communication technology to appear before an electronic records notary public” (RCW 42.45.280[2]).
Identification
Notarial Acts
Requirement: In taking an acknowledgment and verification on oath or affirmation, and witnessing or attesting a signature, a notarial officer, including a Notary Public, must determine, from personal knowledge or satisfactory evidence, that the individual appearing before the Notary has the identity claimed (RCW 42.45.030[1], [2] and [3]).
Personal Knowledge: “A notarial officer has personal knowledge of the identity of an individual appearing before the officer if the individual is personally known to the officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed” (RCW 42.45.050[1]).
“Personal knowledge is generally considered the simplest method of identifying an individual. If you personally know the signer, you do not need any additional identifying information. It may be difficult to identify the level of personal knowledge needed to validate an individual’s identity…. Generally, you can rely on personal knowledge when you have known the individual a long enough time that you would be willing to swear in court as to who the signer is” (NPG).Satisfactory Evidence
Identification Documents: “A notarial officer has satisfactory evidence of the identity of an individual appearing before the officer if the officer can identify the individual … [b]y means of …[a] passport, driver’s license, or government-issued nondriver identification card, which is current or expired not more than three years before performance of the notarial act; or [a]nother form of government identification issued to an individual, which is current or expired not more than three years before performance of the notarial act, contains the signature or a photograph of the individual, and is satisfactory to the officer….” (RCW 42.45.050[2][a]).
Credible Witness: “A notarial officer has satisfactory evidence of the identity of an individual appearing before the officer if the officer can identify the individual … [b]y a verification on oath or affirmation of a credible witness personally appearing before the officer and personally known to the officer and who provides satisfactory evidence of his or her identity as described in (a) of this subsection” (RCW 42.45.050[2][b]).
Additional Information or Credentials: “A notarial officer may require an individual to provide additional information or identification credentials necessary to assure the officer of the identity of the individual” (RCW 42.45.050[3]).
Remote Notarial Acts
Definition: “'Identity proofing' means a process or service by which a third person provides an electronic records notary public with a means to verify the identity of a remotely located individual by a review of personal information from public or private data sources” (RCW 42.45.280[1][c]).
Requirement: In performing a remote online notarial act, an electronic records Notary Public must verify the identity of a remotely located individual through the Notary’s personal knowledge, the oath or affirmation of a credible witness, or two forms of identity proofing (RCW 42.45.280[3][a]).
Personal Knowledge: “A notary public has satisfactory evidence of the identity of a remotely located individual if … [t]he notary public has personal knowledge of the identity of the individual” (WAC 308-30-300[4][a]).
Credible Witness: “A notary public has satisfactory evidence of the identity of a remotely located individual if … [t]he individual is identified by oath or affirmation of a credible witness in accordance with the following requirements:
“(i) To be a credible witness, the witness must have personal knowledge of the remotely located individual;
“(ii) The notary public must have personal knowledge of the credible witness or verify the identity of the credible witness by two different types of identity proofing in accordance with subsections (1), (2), and (3) of this section; and
“(iii) A credible witness may be outside the physical presence of the notary public or remotely located individual if the notary public, credible witness, and remotely located individual can communicate by using communication technology” (WAC 308-30-300[4][b]).Identity Proofing: “In performing remote notarial acts, if a notary public does not have satisfactory evidence of the identity of a remotely located individual under subsection (4) of this section, the notary public must reasonably verify the individual's identity through two different types of identity proofing consisting of a credential analysis procedure and a dynamic knowledge-based authentication assessment as provided in subsections (2) and (3) of this section” (WAC 308-30-300[1]).
Credential Analysis Standards: “Credential analysis must use public or private data sources to confirm the validity of the identification credential presented by a remotely located individual and shall, at a minimum:
“(a) Use automated software processes to aid the notary public in verifying the identity of each remotely located individual;
“(b) Require the identification credential to pass an authenticity test, consistent with sound commercial practices, that uses appropriate technologies to confirm the integrity of visual, physical, or cryptographic security features and to confirm that the identification credential is not fraudulent or inappropriately modified;
“(c) Use information held or published by the issuing source or an authoritative source, as available and consistent with sound commercial practices, to confirm the validity of personal details and identification credential details; and
“(d) Enable the notary public visually to compare for consistency the information and photograph on the identification credential and the remotely located individual as viewed by the notary public in real time through communication technology” (WAC 308-30-300[2]).Dynamic Knowledge-Based Authentication Assessment Standards: “A dynamic knowledge-based authentication assessment is successful if it meets the following requirements:
“(a) The remotely located individual must answer a quiz consisting of a minimum of five questions related to the individual's personal history or identity formulated from public or private data sources;
“(b) Each question must have a minimum of five possible answer choices;
“(c) At least eighty percent of the questions must be answered correctly;
“(d) All questions must be answered within two minutes;
“(e) If the remotely located individual fails the first attempt, the individual may retake the quiz one time within twenty-four hours;
“(f) During a retake of the quiz, a minimum of forty percent of the prior questions must be replaced;
“(g) If the remotely located individual fails the second attempt, the individual is not allowed to retry with the same online notary public within twenty-four hours of the second failed attempt; and
“(h) The notary public must not be able to see or record the questions or answers” (WAC 308-30-300[3]).
Refusal of Services
Specific Grounds
Competence: “A notarial officer has the authority to refuse to perform a notarial act if the officer is not satisfied that … [t]he individual executing the record is competent or has the capacity to execute the record….” (RCW 42.45.060[1][a]).
Willingness: “A notarial officer has the authority to refuse to perform a notarial act if the officer is not satisfied that … [t]he individual’s signature is knowingly and voluntarily made” (RCW 42.45.060[1][b]).
“Another important function of the notary public is to identify that the person signing is doing so of their own free will. Being able to see and interact with the signer gives you the opportunity to confirm that the signing party intends to sign the documents in question, is competent to sign them, and is doing so voluntarily. Examples of situations where the signing party may not be competent, knowing, or signing
voluntarily include where the signing party:
”• Is signing under duress
”• Does not read and write the language of the documents being signed
”• Is intoxicated or under the influence of drugs
”• Is mentally infirm
”• Is underage
“If you have doubts about the competency, knowledge, and voluntariness of a signer, you may ask questions and talk with the signer to get a better sense of their mental state. If you are not satisfied that the signer is competent, knowing, or signing voluntarily, you may refuse to perform the notarization” (NPG).
Minors: Effective July 25, 2021, a new statute authorizes a mental health advance directive to be acknowledged before a Notary as one of two witnessing options. The notarization provision is noteworthy for Washington Notaries because the new law states that “[a] person who is at least 13 years of age but under the age of majority is considered to have capacity for the purpose of executing a mental health advance directive if the person is able to demonstrate that they are capable of making informed decisions related to behavioral health care” (RCW 71.32.040). Thus, a Notary who notarizes directive for a minor age 13 or older must make a determination that the minor is capable of making informed decisions related to their care. If a Notary is not satisfied that the minor demonstrates this capacity, the Notary may refuse the notarization.
General Grounds: “A notarial officer has the authority to refuse to perform a notarial act unless refusal is prohibited by law other than this chapter” (RCW 42.45.060[2]).
Signature by Proxy
“Except as otherwise provided in RCW 64.08.100, if an individual is physically unable to sign a record, the individual may direct an individual other than the notarial officer to sign the individual’s name on the record. The notarial officer shall insert ‘signature affixed by (name of other individual) at the direction of (name of individual)’ or words of similar import” (RCW 42.45.070).
“Any person who is otherwise competent but is physically unable to sign his or her name or make a mark may make an acknowledgment authorized under this chapter by orally directing the notary public or other authorized officer taking the acknowledgment to sign the person’s name on his or her behalf. In taking an acknowledgment under this section, the notary public or other authorized officer shall, in addition to stating his or her name and place of residence, state that the signature in the acknowledgment was obtained under the authority of this section” (RCW 64.08.100).
Disqualifying Interest
Personal, Spouse or Partner: “(a) A notarial officer may not perform a notarial act with respect to a record to which the officer or the officer’s spouse or domestic partner is a party, or in which any of the above have a direct beneficial interest.
“(b) A notarial officer may not notarize the notarial officer’s own signature.
“(c) A notarial act performed in violation of this subsection (2) is voidable” (RCW 42.45.020[2]).Other Family Members: “While not expressly prohibited by chapter 42.45 RCW, it is also generally inadvisable for a notary to notarize a document for extended family members. A notary that performs a notarial act for a family member may be seen as having a conflict of interest in the transaction, which could call the notarial act into question” (NPG).
Unauthorized Practice of Law
No Authority: “(1) A commission as a notary public does not authorize an individual to:
“(a) Assist persons in drafting legal records, give legal advice, or otherwise practice law;
“(b) Act as an immigration consultant or an expert on immigration matters;
“(c) Represent a person in a judicial or administrative proceeding relating to immigration to the United States, United States citizenship, or related matters;
“(d) Receive compensation for performing any of the activities listed in this subsection” (RCW 42.45.230[1]).Selecting Notarial Certificate: “A notary public, other than an attorney licensed to practice law in this state or a limited license legal technician acting within the scope of his or her license, may not assist another person in selecting the appropriate certificate required by RCW 42.45.130” (RCW 42.45.230[4]).
Completing, Selecting, Understanding Document: “A nonattorney notary may not assist another person in drafting, completing, selecting, or understanding a document or transaction requiring a notarial act. This does not preclude a notary who is duly qualified in a particular profession from giving advice relating to matters in that professional field” (WAC 308-30-240[2]).
Advice Regarding Notarial Certificates: “It is important that a notary public who is not a licensed attorney should avoid making recommendations about adding certificates or changing substantive language in a notarial certificate because this may constitute legal advice” (NPG).
Immigration Practices
General Prohibition: “Persons, other than those licensed to practice law in this state or otherwise permitted to practice law or represent others under federal law in an immigration matter, are prohibited from engaging in the practice of law in an immigration matter for compensation” (RCW 19.154.060[1]).
Specific Prohibitions: Nonattorneys or individuals who are not otherwise permitted to practice law or represent others in immigration matters under federal law are prohibited from engaging in several specific acts or practices for compensation.
Legal or Illegal Status: “Advising or assisting another person in determining the person’s legal or illegal status for the purpose of an immigration matter” (RCW 19.154.060[2][a]).
Answers on Government Forms: “Selecting or assisting another in selecting, or advising another as to his or her answers on, a government agency form or document in an immigration matter” (RCW 19.154.060[2][b]).
Selecting Benefit, Visa, Program: “Selecting or assisting another in selecting, or advising another in selecting, a benefit, visa, or program to apply for in an immigration matter” (RCW 19.154.060[2][c]).
Solicitation to Prepare Document, Represent: “Soliciting to prepare documents for, or otherwise representing the interests of, another in a judicial or administrative proceeding in an immigration matter” (RCW 19.154.060[2][d]).
Explaining, Advising, Interpreting Questions on Government Forms: “Explaining, advising, or otherwise interpreting the meaning or intent of a question on a government agency form in an immigration matter” (RCW 19.154.060[2][e]).
Charging to Refer: “Charging a fee for referring another to a person licensed to practice law” (RCW 19.154.060[2][f]).
Selecting, Drafting, Completing Documents: “Selecting, drafting, or completing legal documents affecting the legal rights of another in an immigration matter” (RCW 19.154.060[2][g]).
Other Prohibitions: Nonattorneys or individuals who are not otherwise permitted to practice law or represent others in immigration matters under federal law are prohibited from engaging in several specific acts or practices regardless of whether compensation is sought:
‘Notario Publico’ Immigration Expert: “Representing, either orally or in any document, letterhead, advertisement, stationery, business card, web site, or other comparable written material, that he or she is a notario publico, notario, immigration assistant, immigration consultant, immigration specialist, or using any other designation or title, in any language, that conveys or implies that he or she possesses professional legal skills in the area of immigration law” (RCW 19.154.060[3][a]).
Ability or Willingness to Provide Unlawful Legal Services: “Representing, in any language, either orally or in any document, letterhead, advertisement, stationery, business card, web site, or other comparable written material, that he or she can or is willing to provide services in an immigration matter, if such services would constitute the practice of law….” (RCW 19.154.060[3][b]).
Notary Public Prohibitions: “In addition to complying with the prohibitions of subsections (1) through (3) of this section, persons licensed as a notary public under chapter 42.45 RCW who do not hold an active license to practice law issued by the Washington state bar association shall not use the term notario publico, notario, immigration assistant, immigration consultant, immigration specialist, or any other designation or title, in any language, that conveys or implies that he or she possesses professional legal skills in the areas of immigration law, when advertising notary public services in the conduct of their business. A violation of any provision of this chapter by a person licensed as a notary public under chapter 42.45 RCW shall constitute unprofessional conduct under the uniform regulation of business and professions act, chapter 18.235 RCW” (RCW 19.154.060[5]).
Exceptions
Nonlawyer Assistants Under Attorney Supervision: “The prohibitions of subsections (1) through (3) of [RCW 19.154.060] shall not apply to the activities of nonlawyer assistants acting under the supervision of a person holding an active license to practice law issued by the Washington state bar association or otherwise permitted to practice law or represent others under federal law in an immigration matter” (RCW 19.154.060[4][a]).
Translation Services: “This section does not prohibit a person from offering translation services, regardless of whether compensation is sought. Translating words contained on a government form from English to another language and translating a person’s words from another language to English does not constitute the unauthorized practice of law” (RCW 19.154.060[4][b]).
Court Reporting Services
“A commission as a notary public does not authorize an individual to…[p]rovide court reporting services” (RCW 42.45.230[1][e]).
False or Deceptive Advertising
General Prohibition: “A notary public may not engage in false or deceptive advertising” (RCW 42.45.230[2]).
‘Notario Publico’: “A notary public, other than an attorney licensed to practice law in this state, or a Washington-licensed limited license legal technician acting within the scope of his or her license, may not use the term ‘notario’ or ‘notario publico’” (RCW 42.45.230[3]).
Prohibited Representation: “A notary public, other than an attorney licensed to practice law in this state, or a Washington-licensed limited license legal technician acting within the scope of his or her license, may not advertise or represent that the notary public may assist persons in drafting legal records, give legal advice, or otherwise practice law” (RCW 42.45.230[5]).
Mandatory Notice: “If a notary public who is not an attorney licensed to practice law in this state, or a Washington-licensed limited license legal technician acting within the scope of his or her license, 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 director, 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” (RCW 42.45.230[5]).
Foreign-Language Documents
Permission: There is nothing in state law that forbids a notary public from notarizing a document written in a foreign language” (NPG).
Notarial Certificate: “A notary is generally not responsible for confirming the contents of a document (outside of certifying a copy, but that has unique standards), however, they do need to make sure the correct notarial certificate is on the document. As of July 1, 2018, all notarial certificates must either be in English, or in dual-languages where one of the languages is English, so the notary should be able to identify the certificate on a document being notarized” (NPG).
Foreign-Language Signers
Permission: There is nothing in state law that forbids a notary public from notarizing … for a signing party that does not speak English” (NPG).
Challenges: “A notary should also be aware of the inherent additional difficulty associated with confirming the identity of a signing party when they do not share a common language. Speaking different languages can make it difficult for a notary to properly identify the signing party and what is being asked of them. If the notary has access to a translator that they can rely on, it can help to alleviate this risk” (NPG).
In-Person Electronic Notarial Acts
Applicable Law
Uniform Electronic Transactions Act: Effective June 11, 2020, Washington enacted the Uniform Electronic Transactions Act, and in particular its provision on notarization and acknowledgment: “If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record” (RCW Title 1 – as yet uncodified).
Uniform Real Property Electronic Recording Act: In 2008, Washington enacted the Uniform Real Property Electronic Recording Act, authorizing Notaries to use electronic signatures on real property records: “A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature? (RCW 65.24.020[3]).
Revised Uniform Law on Notarial Acts: Effective July 1, 2018, Washington enacted the Revised Uniform Law on Notarial Acts (RULONA), putting in place provisions regulating the performance of notarial acts with respect to electronic records. These provisions are summarized below.
Uniform Electronic Estate Planning Documents Act: Effective June 5, 2024, Washington enacted the Uniform Electronic Estate Planning Documents Act (UEEPDA), authorizing nontestamentary estate planning documents, as defined, to be signed and if necessary, notarized with electronic signatures: “If other law of this state requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied with respect to an electronic nontestamentary estate planning document if an individual authorized to perform the notarization, acknowledgment, verification, or oath attaches or logically associates the individual's electronic signature on the document together with all other information required to be included under the other law” (RCW 11.135.080). The person whose signature is notarized may appear before a Notary Public physically or remotely.
Washington Administrative Code Chapter 308-30: The Department of Licensing adopted rules to implement the Revised Uniform Law on Notarial Acts, further regulating electronic notarization in Washington. These rules are summarized below.
Technology Systems
Approval of Systems: Not required.
Listing of System Providers: The Department of Licensing’s electronic application process contains a drop-down list of technology providers for an applicant to select when applying for an endorsement.
Approval of Technology: “The director shall establish standards for approval of technology in rule. If the technology conforms to the standards, the director shall approve the use of the technology” (RCW 42.45.190[4]).
“In adopting, amending, or repealing rules about notarial acts with respect to electronic records, the director shall consider standards, practices, and customs of other jurisdictions that substantially enact this chapter” (RCW 42.45.250).
Fees: For the fees a Notary may charge for performing a remote online notarization, see “Fees for Notarial Acts,” below.
Tamper-Evident Technology
Definition: “‘Tamper-evident technology’ means a set of applications, programs, hardware, software, or other technologies designed to enable a notary public to perform electronic notarial acts and to display evidence of any changes made to an electronic record” (WAC 308-30-020).
Selection by Notary: “An electronic records notary public may select one or more tamper-evident technologies to perform notarial acts with respect to electronic records that meet the standards provided in subsection (4) of this section. A person cannot require an electronic records notary public to perform a notarial act with respect to an electronic record with a technology that the notary public has not selected” (RCW 42.45.190[2]).
Standards
Enroll Only Notaries Public: “A technology provider shall enroll only notaries public who have been issued an electronic records notary public endorsement pursuant to WAC 308-30-030” (WAC 308-30-130[1]). “‘Enroll’ and ‘enrollment’ mean a process for registering a notary public with a technology provider to access and use a tamper-evident technology in order to perform electronic notarial acts” (WAC 308-30-020).
Train Notaries: “A technology provider shall take reasonable steps to ensure that a notary public who has enrolled to use the technology has the knowledge to use it to perform electronic notarial acts in compliance with these rules” (WAC 308-30-130[2]).
Access and Authentication: “A tamper-evident technology shall require access to the system by a password or other secure means of authentication” (WAC 308-30-130[3]).
Attribution to Notary: “A tamper-evident technology shall enable a notary public to affix the notary’s electronic signature and seal or stamp in a manner that attributes such signature and seal or stamp to the notary” (WAC 308-30-130[4]).
Prorated Fees: “A technology provider shall provide prorated fees to align the usage and cost of the tamper-evident technology with the term limit of the notary public electronic records notary public endorsement” (WAC 308-30-130[5]).
Suspend Notaries Without Endorsement: “A technology provider shall suspend the use of any tamper-evident technology for any notary public whose endorsement has been revoked, suspended, or canceled by the state of Washington or the notary public” (WAC 308-30-130[6]).
Refusal of Services: In addition to the reasons listed in RCW 42.45.060, a notary public must refuse a request for the following two reasons:
Technology Inexperience: The Notary does not know how to operate the tamper-evident technology (WAC 308-30-140[1]).
Technology Noncompliance: The notary has a reasonable belief that a tamper-evident technology does not meet the requirements set forth in the Washington Administrative Code (WAC 308-30-140).
Remote Notarial Acts
Applicable Law
Revised Uniform Law on Notarial Acts: Effective October 1, 2020, Washington enacted amendments to the Revised Uniform Law on Notarial Acts (RULONA), authorizing Washington Notaries to perform notarial acts for remotely located individuals. These amendments are summarized below.
Washington Administrative Code Chapter 308-30: The Department of Licensing adopted emergency rules to implement the Revised Uniform Law on Notarial Acts amendments for notarizing records for remotely located individuals. These rules are summarized below.
Technology Systems
Approval of Systems: Not required. “To perform remote notarial acts remotely, you’ll need specialized software. The software must be able to meet certain standards. Check with the software maker to find out if their product is capable of meeting these standards” (website, “Remote Notarization for Licensed Notaries”).
Listing of System Providers: The Department of Licensing’s electronic application process contains a drop-down list of technology providers for an applicant to select when applying for an endorsement.
All Laws Apply: In performing remote notarial acts, a notary public shall comply with all requirements for electronic notarial acts under this chapter” (WAC 308-30-290[2]).
Fees: For the fees a Notary may charge for performing a remote online notarization, see “Fees for Notarial Acts,” below.
Confirmation of Record: “An electronic records notary public located in this state may perform a notarial act using communication technology for a remotely located individual if … [t]he electronic records notary public is reasonably able to confirm that a record before the electronic records notary public is the same record in which the remotely located individual made a statement or on which the individual executed a signature” (RCW 42.45.280[3][b]).
“The [communication technology] process must provide a means for the notary public reasonably to confirm that an electronic record before the notary public is the same record in which the remotely located individual made a statement or on which the remotely located individual executed a signature” (WAC 308-30-310[1]).Audio-Visual Recording: For the requirements that a Notary make and retain an audio-visual recording of a notarial act for a remotely located individual, see “Records of Notarial Acts,” below.
Individual Outside the United States: The record that is to be notarized for a remotely located individual located outside the United States must relate to a matter before a public official or court, governmental entity, or other entity subject to the jurisdiction of the United States or involve property located in the territorial jurisdiction of the United States or involve a transaction substantially connected with the United States (RCW 42.45.280[d][i]).
In addition, the authorization to perform a notarial act for a remotely located individual located outside the United States requires that the act of making the statement or signing the record is not prohibited by the foreign state in which the remotely located individual is located (RCW 42.45.280[d][ii]).Communication Technology
Definition: “'Communication technology' means an electronic device or process that:
”(i) Allows an electronic records notary public and a remotely located individual to communicate with each other simultaneously by sight and sound; and
”(ii) When necessary under and consistent with other applicable law, facilitates communication with a remotely located individual with a vision, hearing, or speech impairment” (RCW 42.45.280[1][a])Two-Way Communication: To perform remote notarial acts the notary must use technology which … [h]as two-way audio-visual capabilities between the notary and signer(s)” (WAC 308-30-300[2]).
Audio Clarity and Visual Resolution: “Communication technology for remote notarial acts must provide for synchronous audio-visual feeds of sufficient audio clarity and video resolution to enable the notary public and remotely located individual to see and speak with each other” (WAC 308-30-310[1]).
Authentication: “Communication technology must provide reasonable security measures to prevent unauthorized access to:
”(a) The live transmission of the audio-visual feeds;
”(b) The methods used to perform identify verification; and
”(c) The electronic record that is the subject of the remote notarial act” (WAC 308-30-310[2]).Exiting Communication Technology: “If a remotely located individual must exit the workflow, the individual must restart the identify verification process required under WAC 308-30-300 from the beginning” (WAC 308-30-310[3]).
Security of Technology: To perform remote notarial acts the notary must use technology which … [h]as reasonable security measures which ensure notarial acts are secure once recorded” (WAC 308-30-300[4]).
Self-Proving Electronic Will
Authorization: Effective January 1, 2022, a Notary Public who has an electronic records endorsement to perform remote notarial acts may notarize a self-proving affidavit to a testator’s electronic will: “An electronic will may be simultaneously executed, attested, and made self-proving if:
“(a) The affidavits of the attesting witnesses are affixed to or logically associated with the electronic will; and
“(b) The qualified custodian maintains custody of the electronic will at all times following execution by the testator and witnesses” (RCW 11.12.450[1]).Requirements: “The affidavits under subsection (1)(a) of this section must state such facts as the attesting witnesses would be required to testify to in court to prove such electronic will, and must be:
“(a) Made before an officer authorized to administer oaths or, if fewer than two attesting witnesses are physically present in the same location as the testator at the time of signing under RCW 11.12.440(1)(b), before an officer authorized under RCW 42.45.280; and
“(b) Evidenced by the officer’s certificate under official seal affixed to or logically associated with the electronic will” (RCW 11.12.450[1]).Self-Proving Form: The statute provides a statutory form for a self-proving electronic will that includes a notarial certificate for the testator and the witnesses (RCW 11.12.450[3]).
Withholding Records and Copies
“Except as otherwise allowed by law, a notary public may 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. A notary public may not maintain copies or electronic images of documents notarized unless the copies or images are maintained by an attorney or Washington-licensed limited license legal technician acting within his or her scope of practice for the performance of legal services or for other services performed for the client and the copies or images are not maintained solely as part of the notary transaction” (RCW 42.45.230[6]).
Keeping Documents
“Should I keep copies of the documents that I notarize for my own records? — No. RCW 42.45.230(6) states that a notary public may not keep copies of documents that they notarize, unless they are a licensed attorney or other legal professionals as specified in the law. By keeping a notarial journal that meets the requirements of RCW 42.45.180 and WAC 308-30-200, a notary should have sufficient record of their notarial acts” (NPG).
Testimonials
“A notary may not endorse or promote any service, contest, or other offering if the notary’s seal or title is used in the endorsement or promotional statement” (WAC 308-30-230).
I-9, Certificate of Life Forms
“Can I notarize I-9 employment forms, certificate of life forms, or other specific forms? — The I-9 employment form asks for a signature from for the U.S. Citizenship and Immigration Services an individual as a business representative, not a notary. Because of this, an I-9 form does not need to be notarized. Certificate of life forms, which generally ask for signature by a public official to confirm that an individual is alive to receive pension benefits, generally may be notarized by a notary public. Washington State allows a notary public to certify that an event has occurred or an act has been performed and this has been interpreted to include verifying that an individual appeared before the notary on a specific date while alive. As always, please check with your specific clients and/or other appropriate authorities to confirm whether a specific form requires notarization” (NPG)
CERTIFICATE OF NOTARIAL ACT
Certificate Requirements
General Requirement: “A notarial act must be evidenced by a certificate” (RCW 42.45.130[1]).
Specific Requirements: “The certificate must:
“(a) Be executed contemporaneously with the performance of the notarial act;
“(b) Be signed and dated by the notarial officer and, if the notarial officer is a notary public, be signed in the same manner as on file with the department;
“(c) Identify the jurisdiction in which the notarial act is performed;
“(d) Contain the title of office of the notarial officer;
“(e) Be written in English or in dual languages, one of which must be English; and
“(f) If the notarial officer is a notary public, indicate the date of expiration, if any, of the officer’s commission” (RCW 42.45.130[1]).Certificate on One Page: “The notarial certificate should be entirely on one page and should be incorporated as part of the document being notarized whenever possible. If the notarial certificate is on its own page, or is separate from the rest of the document, you should indicate on both the document being notarized and the certificate that the certificate is attached as a separate page” (NPG).
Official Stamp
Tangible Records
Notaries Public: Required. “Regarding notarial act certificates on a tangible record …[i]f a notarial act regarding a tangible record is performed by a notary public, an official stamp must be affixed to or embossed on the certificate” (RCW 42.45.130[2][a]).
Other Notarial Officers: Permitted. “If a notarial act regarding a tangible record is performed by a notarial officer other than a notary public and the certificate contains the information specified in subsection (1)(b), (c), and (d) of this section, an official stamp may be affixed to or embossed on the certificate” (RCW 42.45.130[2][b]).
Electronic Records
Electronic Records Notary Public: Required. “If a notarial act regarding an electronic record is performed by an electronic records notary public, an official stamp must be attached to or logically associated with the certificate” (RCW 42.45.130[3][a]).
Other Notarial Officers: Permitted. “If a notarial act regarding an electronic record is performed by a notarial officer other than a notary public and the certificate contains the information specified in subsection (1)(b), (c), and (d) of this section, an official stamp may be attached to or logically associated with the certificate” (RCW 42.45.130[3][b]).
Certificate Forms
Washington has enacted the Revised Uniform Law on Notarial Acts and the Act’s short-form certificates. These certificate forms and others prescribed in the Washington Administrative Code appear below.
Acknowledgment by Individual (RCW 42.45.140[1]) State of ____________ This record was acknowledged before me on ____________ (date) by ____________ (name(s) of individuals). (Signature of Notary Public) (Stamp) |
Acknowledgment by Representative (RCW 42.45.140[2]) State of ____________ This record was acknowledged before me on ____________ (date) by ____________ (name(s) of individuals) as ____________ (type of authority, such as officer or trustee) of ____________ (name of party on behalf of whom record was executed). (Signature of Notary Public) (Stamp) |
Verification on Oath or Affirmation (RCW 42.45.140[3]) State of ____________ Signed and sworn to (or affirmed) before me on ____________ (date) by ____________ (name(s) of individual(s) making statement). (Signature of Notary Public) (Stamp) |
Signature Witnessing (RCW 42.45.140[4]) State of ____________ Signed before me on ____________ (date) by ____________ (names of individuals). (Signature of Notary Public) (Stamp) |
Copy Certification (RCW 42.45.140[5]) State of ____________ I certify that this is a true and correct copy of a record in the possession of ____________. Dated ____________ (Signature of Notary Public) (Stamp) |
Certification of Occurrence of an Event or Performance of an Act (RCW 42.45.140[6]) State of ____________ I certify that the event described in this document has occurred or been performed. Signature of Notary Public) (Stamp) |
Acknowledgment by Individual for a Remote Notarial Act (WAC 308-30-320[2][a]) State of ____________ This record was acknowledged before me by means of communication technology on ____________ (date) by ____________ (name(s) of individuals). (Signature of Notary Public) (Electronic Official Stamp) |
Acknowledgment by Representative Capacity for a Remote Notarial Act State of ____________ This record was acknowledged before me by means of communication technology on ____________ (date) by ____________ (name(s) of individuals) as ____________ (type of authority, such as officer or trustee) of ____________ (name of party on behalf of whom record was executed). (Signature of Notary Public) (Electronic Official Stamp) |
Verification on Oath or Affirmation for a Remote Notarial Act (WAC 308-30-320[2][c]) State of ____________ Signed and sworn to (or affirmed) before me by means of communication technology on ____________ (date) by ____________ (name(s) of individual(s) making statement). Signature of Notary Public) (Electronic Official Stamp) |
Signature Witnessing for a Remote Notarial Act (WAC 308-30-320[2][d]) State of ____________ Signed before me by means of communication technology on ____________ (date) by ____________ (names of individuals). Signature of Notary Public) (Electronic Official Stamp) |
Electronic Notarial Certificate
Definition: “‘Electronic notarial certificate’ means the part of, or attachment to, an electronic record that is completed by the notary public, contains the information required under RCW 42.45.130 and the notary’s official stamp, bears that notary’s electronic signature, and states the facts attested to by the notary in a notarization performed on an electronic record” (WAC 308-30-020).
Requirement: “For every electronic notarial act …, a notary public shall complete an electronic notarial certificate that complies with the requirements of these rules, RCW 42.45.130 and 42.45.140” (WAC 308-30-150[1]).
Forms: The forms of electronic notarial certificates are the same as for paper notarial acts (RCW 42.45.140).
Completion at Time of the Notarial Act: “An electronic notarial certificate shall be completed at the time of notarization and in the presence of the principal” (WAC 308-30-150[2]).
Security of Certificate: “If a notarial act is performed regarding an electronic record, the certificate must be affixed to, or logically associated with, the electronic record. If the director has established standards pursuant to RCW 42.45.250 for attaching, affixing, or logically associating the certificate, the process must conform to the standards” (RCW 42.45.130[7]).
Certificate of Remote Act
Requirement: “For every … remote notarial act, a notary public shall complete an electronic notarial certificate that complies with the requirements of these rules, RCW 42.45.130 and 42.45.140” (WAC 308-30-150[1]).
Indication of Remote Act: “If a notarial act is performed under this section, the certificate of notarial act required by RCW 42.45.130 and the short form certificate provided in RCW 42.45.140 must indicate that the notarial act was performed using communication technology” (RCW 42.45.280[4]).
Forms: For the form of certificates for a notarial act performed for a remotely located individual prescribed in WAC 308-30-320, see “Certificate of Notarial Act,” above.
Completion at Time of Notarization: “An electronic notarial certificate shall be completed at the time of notarization and in the presence of the principal” (WAC 308-30-150[2]).
Sufficiency of Certificate
Notarial Acts: “A certificate of a notarial act is sufficient if it meets the requirements of subsections (1) through (3) of [RCW 42.45.130] and:
“(a) Is in a short form set forth in RCW 42.45.140;
“(b) Is in a form otherwise permitted by the law of this state;
“(c) Is in a form permitted by the law applicable in the jurisdiction in which the notarial act was performed; or
“(d) Sets forth the actions of the notarial officer and the actions are sufficient to meet the requirements of the notarial act as provided in RCW 42.45.030, 42.45.040, and 42.45.050 or law of this state other than this chapter” (RCW 42.45.130[4]).Specific Forms: “The forms in RCW 42.45.140 are examples of certificates with the sufficient information included. When a specific form is required by another statute of this state, the required form shall be used” (WAC 308-30-240[1]).
Remote Notarial Acts: “A short form certificate provided in RCW 42.45.140 for a notarial act subject to [RCW 42.45.280] is sufficient if it:
”(a) Complies with rules adopted under subsection (8)(a) of [RCW 42.45.280]; or
”(b) Is in the form provided by RCW 42.45.140 and contains a statement substantially as follows: “This notarial act involved the use of communication technology” (RCW 42.45.280[5]).
Security of Certificate
Tangible Records: “If a notarial act is performed regarding a tangible record, a certificate must be part of, or securely attached to, the record” (RCW 42.45.130[7]).
Electronic Records: “If a notarial act is performed regarding an electronic record, the certificate must be affixed to, or logically associated with, the electronic record” (RCW 42.45.130[7]).
Rulemaking: “If the director has established standards pursuant to RCW 42.45.250 for attaching, affixing, or logically associating the certificate, the process must conform to the standards” (RCW 42.45.130[7]).
Executing a Certificate
“By executing a certificate of a notarial act, a notarial officer certifies that the officer has complied with the requirements and made the determinations specified in RCW 42.45.030, 42.45.040, and 42.45.050” (RCW 42.45.130[5]).
“A notarial officer may not affix the officer’s signature to, or logically associate it with, a certificate until the notarial act has been performed” (RCW 42.45.130[6]).
Size of Certificate
Effective September 1, 1997, state recording requirements stipulate that the Notary seal must be photocopiable and that attached notarial certificates must be the same size as the other document pages and must have a one-inch margin. Stapled, taped or glued “Notary blocks” smaller than page size will be rejected: “All pages of the document shall be on sheets of paper of a weight and color capable of producing a legible image that is not larger than fourteen inches long and eight and one-half inches wide with text printed or written in eight-point type or larger. All text within the document must be of sufficient color and clarity to ensure that when the text is imaged all text is readable. Further, all pages presented for recording must have at minimum a one-inch margin on the top, bottom, and sides for all pages except page one, except that an instrument may be recorded if a minor portion of the notary seal, incidental writing, or minor portion of a signature extends beyond the margins, be prepared in ink color capable of being imaged, and have all seals legible and capable of being imaged. No attachments, except firmly attached bar code or address labels, may be affixed to the pages” (RCW 65.04.045[2]).
No Certificate
“Given the need for notaries to avoid giving out legal advice, the Department sometimes receives questions about what a notary should do if a client presents them with incomplete documents. If a customer comes with a document that has no notarial certificate, you can provide the customer with all available certificates and have them choose the certificate they wish to add. Notaries are also allowed to correct clerical errors on a notarial certificate, such as spelling errors or an incorrect state printed on the certificate. Additionally, notaries can always seek advice from an attorney or suggest that the signing party do so if there are any specific questions” (NPG).
SEAL AND SIGNATURE
Definitions
Official Stamp: “‘Official stamp’ means a physical image affixed to a tangible record or an electronic image attached to or logically associated with an electronic record” (RCW 42.45.010[11]).
Stamping Device: “‘Stamping device’ means:
“(a) A physical device capable of affixing to or embossing on a tangible record an official stamp; or
“(b) An electronic device or process capable of attaching to or logically associating with an electronic record an official stamp” (RCW 42.45.010[16]).
Official Stamp Requirement
Notarial Acts
Notaries Public: Required. “If a notarial act regarding a tangible record is performed by a notary public, an official stamp must be affixed to or embossed on the certificate” (RCW 42.45.130[2][a]).
Other Notarial Officers: Permitted. “If a notarial act regarding a tangible record is performed by a notarial officer other than a notary public and the certificate contains the information specified in subsection (1)(b), (c), and (d) of this section, an official stamp may be affixed to or embossed on the certificate” (RCW 42.45.130[2][b]).
In-Person Electronic Notarial Acts
Electronic Records Notaries Public: Required. “If a notarial act regarding an electronic record is performed by an electronic records notary public, an official stamp must be attached to or logically associated with the certificate” (RCW 42.45.130[3][a]).
“A notary public shall … authenticate an electronic notarial act with an official stamp that complies with WAC 380-30-180” (WAC 308-30-160).Other Notarial Officers: Permitted. “If a notarial act regarding an electronic record is performed by a notarial officer other than a notary public and the certificate contains the information specified in subsection (1)(b), (c), and (d) of this section, an official stamp may be attached to or logically associated with the certificate” (RCW 42.45.130[3][b]).
Remote Notarial Acts
Electronic Records Notaries Public: Required (RCW 42.45.130[3][a]).
Other Notarial Officers: Notarial officers other than Electronic Records Notaries Public are not authorized to perform remote notarial acts under Washington law.
Electronic Real Property Records: Not required. “A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature? (RCW 65.24.020[3]).
Stamp Format
Notarial Acts
Inked Rubber Stamp or Embosser: “‘Stamping device’ means…[a] physical device capable of affixing to or embossing on a tangible record an official stamp” (RCW 42.45.010[16]).
Photocopiable: “The seal or stamp must be capable of being copied together with the record to which it is affixed or with which it is logically associated” (RCW 42.45.150[3]).
Permanent: “The face of the seal or stamp shall be permanently affixed” (WAC 308-30-070[3][b]).
“If the stamp is affixed to a tangible record, it shall be applied in permanent ink and shall be capable of being photocopied” (WAC 308-30-070[3][c]).Shape and Size: “The seal or stamp shall be minimum one and five-eighths diameter if circular, or one inch wide by one and five-eighths inches long if rectangular…” (WAC 308-30-070[3][a]).
Type Size: The Washington Administrative Code states that all type on the official stamp to be in a minimum of 8-point type (WAC 308-30-070[2]).
Embosser on Recordable Documents: When used on a recordable document an embossing seal must meet the following criteria (RCW 65.04.045[2]):
Legible, Imaging-Capable: The seal impression must be “legible and capable of being imaged.” In general, this means that an embossing seal would have to be inked prior to use or its impression would have to be “smudged” after being affixed.
Components: “The official seal or stamp of a notary public must include:
“(a) The words ‘notary public’;
“(b) The words ‘state of Washington’;
“(c) The notary public’s name as commissioned;
“(d) The notary public’s commission expiration date; and
“(e) Any other information required by the director” (RCW 42.45.150[1]).
The Washington Administrative code also requires the official stamp to include the Notary Public’s commission number (WAC 308-30-070[1][e]).State Seal: Reproduction of the Washington state seal within the Notary stamp or seal is prohibited (WAC 308-30-070[4]).
In-Person Electronic Notarial Acts: “The electronic stamp of a notary public shall be a digital image that appears in the likeness or representation of a traditional physical notary public official stamp meeting the requirements of RCW 42.45.150 and WAC 308-30-070” (WAC 308-30-180[3]). That is, the components of an official stamp for notarial acts cited above apply to an electronic official stamp.
Remote Notarial Acts: The requirements for the format of the electronic official stamp prescribed in WAC 308-30-180(3) applies to Electronic Records Notaries Public who perform remote notarial acts.
Examples
The below typical, actual-size examples of official Notary Public and Electronic Records Notary Public stamps which are allowed by Washington law. Formats other than these may also be permitted.
Grandfather Provision
“A notary public with a commission in effect on July 1, 2018, may continue to use their notarial seal until the commission’s date of expiration. A notary public who procures an official seal or stamp after July 1, 2018, is subject to and shall comply with the rules in WAC 308-30-070” (WAC 308-30-080[2]).
Obtaining a Seal
“A notary public shall procure an official seal or stamp only after receiving a certificate evidencing the notary public’s commission from the department, and shall provide this certificate to their chosen seal or stamp vendor as part of procuring the stamp” (WAC 308-30-080[1]).
Security of Stamping Device
Sole Use: “A notary public is responsible for the security of the notary public’s stamping device and may not allow another individual to use the device to perform a notarial act” (RCW 42.45.160[1]).
Sole Control: “The seal or stamp should be kept in a locked and secured area, under the direct and exclusive control of the notary public” (RCW 42.45.160[2]).
Property of Notary: “The stamp a notary public acquires is the exclusive property of the notary public, and shall not be surrendered to an employer upon termination of employment, regardless of whether the employer paid for the seal or for the notary’s bond or appointment fees” (WAC 308-30-080[3]).
Lost or Stolen Stamp
Notification: “If a notary public’s stamping device is lost or stolen, the notary public or the notary public’s personal representative or guardian shall notify promptly the department on discovering that the device is lost or stolen. Any replacement device must contain a variance from the lost or stolen seal or stamp” (RCW 42.45.160[2]).
Replacement Stamp
Notification Precedes Replacement: “The notary public may not obtain a replacement official seal or stamp until they have properly notified the department that the original was lost or stolen” (WAC 308-30-090[2]).
Replacement Stamp Variation: “A replacement official seal or stamp must contain some variance from the original seal or stamp” (WAC 308-30-090[3]).
Recovered Lost, Stolen Stamp: “If the lost or stolen official seal or stamp is found or recovered after a replacement has been obtained, the original seal or stamp shall be destroyed” (WAC 308-30-090[4]).
Disposition of Stamping Device
“On resignation from, or the revocation or expiration of, the notary public’s commission, or on the expiration of the date set forth in the stamping device, the notary public shall disable the stamping device by destroying, defacing, damaging, erasing, or securing it against use in a manner that renders it unusable. On the death or adjudication of incompetency of a notary public, the notary public’s personal representative or guardian or any other person knowingly in possession of the stamping device shall render it unusable by destroying, defacing, damaging, erasing, or securing it against use in a manner that renders it unusable” (RCW 42.45.160[1]).
Electronic Official Stamp
In-Person Electronic Notarial Acts Only: “The tamper-evident technology used to create a notary public’s electronic stamp shall not be used for any purpose other than performing electronic notarial acts under chapter 42.45 RCW and these rules” (WAC 308-30-180[4]).
Use by Registered Notaries Only: “Only the notary public to whom the tamper-evident technology is registered shall generate an official stamp” (WAC 308-30-180[5]).
Security: Since a “stamping device” may be tangible or electronic (see “Definitions,” above), a Notary with an electronic records Notary Public endorsement must secure the Notary’s electronic stamping device (see “Security of Stamping Device,” above).
Notary Signature
Contemporaneous With Act: “A notarial officer shall not affix the officer’s signature to, or logically associate it with, a certificate until the notarial act has been performed” (RCW 42.45.130[6]).
Commission, Stamp Name: “In addition to the requirements listed in RCW 42.45.130, a notary public signing the notarial certificate of a completed notarial act shall sign the notarial certificate using the exact name that appears on the notary’s certificate of commission and their seal or stamp” (WAC 308-30-100).
Recording Requirements
Recording laws allow “a minor portion of a notary seal, incidental writing, or minor portion of a signature” to extend into the mandatory one-inch margin at the top, bottom and sides of all pages of a recorded document (three-inch mandatory margin at the top of the first page) (RCW 65.04.045[1][a] and [2]).
Notary Electronic Signature
Requirement: “A notary public shall sign each electronic notarial certificate with an electronic signature that complies with WAC 308-30-170” (WAC 308-30-160).
Tamper Evident Technology: “A notary public shall use a tamper-evident technology that complies with WAC 308-30-130 of these rules to produce the notary’s electronic signature in a manner that is capable of independent verification” (WAC 308-30-170[1]).
“For the purposes of this section, ‘capable of independent verification’ means that any interested individual may confirm through the department that a notary public who signed an electronic record in an official capacity had authority at that time to perform electronic notarial acts” (WAC 308-30-170[4]).Sole Use: “A notary public shall take reasonable steps to ensure that no other individual may possess or access a tamper-evident technology used to produce the notary’s electronic signature” (WAC 308-30-170[2]).
Sole Control: “A notary public shall keep in the sole control of the notary all or any part of a tamper-evident technology whose exclusive purpose is to perform electronic notarial acts” (WAC 308-30-170[3]).
“‘Sole control’ means at all times being in the direct physical custody of the notary public or safeguarded by the notary with a password or other secure means of authentication” (WAC 308-30-020).
RECORDS OF NOTARIAL ACTS
Records Requirement
Journal
Notarial Acts: Required. “A notary public shall maintain a journal in which the notary public chronicles all notarial acts that the notary public performs” (RCW 42.45.180[1]).
“A notary public shall record each notarial act in a journal at the time of notarization in compliance with RCW 42.45.180 and these rules” (WAC 308-30-190[1]).Employer Records Do Not Suffice: “The fact that the notary public’s employer or contractor keeps a record of notarial acts shall not relieve the notary of the duties required by these rules” (WAC 308-30-190[3]).
Exception: “Notwithstanding any other provision of this chapter requiring a notary public to maintain a journal, a notary public who is an attorney licensed to practice law in this state is not required to chronicle a notarial act in a journal if documentation of the notarial act is otherwise maintained by professional practice” (RCW 42.45.180[2]).
In-Person Electronic Notarial Acts: Required (RCW 42.45.180[1]).
Remote Notarial Acts: Required. “A notary performing remote notarization must maintain a tangible notary journal as required in RCW 42.45.180 and WAC 308-30-190, this section, and WAC 308-30-210” (WAC 308-30-200[4]).
Recording of Remote Notarial Acts: Required. “An electronic records notary public located in this state may perform a notarial act using communication technology for a remotely located individual if … [t]he electronic records notary public, or a person acting on behalf of the electronic records notary public, creates an audio-visual recording of the performance of the notarial act” (RCW 42.45.280[3][c]).
“To perform remote notarial acts the notary must use technology which … [i]s capable of recording the notarization; and … [h]as reasonable security measures which ensure notarial acts are secure once recorded” (WAC 308-30-300[3] and [4]).
One Tangible Journal
“A notary public shall maintain only one tangible journal at a time to chronicle notarial acts, whether those notarial acts are performed regarding tangible or electronic records” (RCW 42.45.180[3]).
Journal Format
Paper Journal: “The journal must be a permanent, bound register with numbered pages. An electronic records notary public may also maintain an electronic format journal, which can be kept concurrently with the tangible journal. The electronic journal must be in a permanent, tamper-evident electronic format complying with the rules of the director” (RCW 42.45.180[3]).
“A tangible notarial journal shall:
“(a) Be a permanent, bound book with numbered pages; …” (WAC 308-30-200[1]).Electronic Journal:
Definition: “‘Electronic journal’ means a chronological record of notarizations maintained by a notary public in an electronic format in compliance with these rules” (WAC 308-30-020).
Requirements: “If a notary public keeps an electronic journal pursuant to RCW 42.45.180(3), the electronic journal shall:
“(a) Be maintained only in addition to the tangible journal; “(b) Have the capacity to record the information required for a tangible notarial journal; “(c) Enable access by a password or other secure means of authentication; “(d) Be tamper-evident; “(e) Create a duplicate record of the journal as a backup; and “(f) Be capable of providing tangible or electronic copies of any entry made in the journal” (WAC 308-30-200[2]).