Washington - U.S. Notary Reference

Last Update: January 9, 2024

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).

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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

1. Address: Department of Licensing Notaries Public Program
   P.O. Box 9027
   Olympia, WA 98507-9027
   405 Black Lake Blvd. SW
   Olympia, WA 98502

2. Phone: 360-664-1550 

3. Website: http://www.dol.wa.gov/business/notary/

Laws, Rules and Guidelines

1. Laws: Most Notary rules are in the Revised Code of Washington, Chapter 42.55, “Revised Uniform Law on Notarial Acts,” and Chapter 64.08, “Acknowledgments.”

2. Rules: Rules regulating electronic notarization and emergency rules regulating notarial acts for remotely located individuals are in the Washington Administrative Code, Chapter 308-30, “Notaries Public.”

3. Guidelines: 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.
   Washington Notaries may join a “Notaries LISTSERV” to get the latest pertinent law updates and rule changes by email (website, “What’s New”). “Frequently Asked RULONA Questions” were distributed to the Notaries LISTSERV in advance of the July 1, 2018, effective date in May 2018.

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Commission Process

1. Qualifications: “An applicant for a commission as a notary public must:
   “(a) Be at least eighteen years of age;
   “(b) Be a citizen or permanent legal resident of the United States;
   “(c) Be a resident of or have a place of employment or practice in this state;
   “(d) Be able to read and write English; and
   “(e) Not be disqualified to receive a commission under RCW 42.45.210” (RCW 42.45.200[2]).

2. Course: Not required.

3. Exam: Not required.

4. Application: 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.
   (1) “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.
   “(2) 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[1] and [2]).
   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.

5. Application Fee: Effective November 22, 2022, the fee for applying for or renewing a Notary appointment is $40; the application fee for a renewal commission is $42. (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.
   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]).
   “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]).
   “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]).

6. Background Screening: Not required.

7. 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]).

8. Reappointment: “A notary public shall reapply with the department for each commission term before performing notarial acts” (WAC 308-30-030[6]).

9. 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 Notary Public Endosement

1. In-Person Electronic Notarial Acts

   1. 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]).

   2. 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.”
      “(a) An applicant for a commission as an electronic records notary public must hold a commission as notary public.”
      “(b) An electronic records notary public commission may take the form of an endorsement to the notary public commission if deemed appropriate by the director” (RCW 42.45.200[7]).

   3. Application: “(3) 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.
      “(4) 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.
      “(5) 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]).A Notary may add an electronic notary endorsement when they apply for a new commission or when you renewing the current commission. To add an electronic notary endorsement any other time, A Notary you may log in to Secure Access Washington (SAW) or sign up to add it online, or mail the Department of Licensing the following:
      ● A completed Notary Public Electronic Notarization Endorsement Application.
      ● A check or money order for $15 non-refundable fee, payable to "Department of Licensing."
      ● The name of the Notary’s software provider. Note: A Notary must give the Department of Licensing the name of the software they will be using within 30 days after the Department issues the endorsement.

   4. Application Fee: The fee for applying for or renewing an electronic records Notary Public endorsement is $15 (WAC 308-30-060).

   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]).

   6. 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]).

2. Remote Notarial Acts

   1. 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]).

   2. Application: 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. A Notary must include the name of their remote notarization software in the email request to the Department.
      “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]).“To apply for a remote notary endorsement, an electronic records notary public shall submit a remote notary endorsement application on forms provided by the department” (WAC 308-30-030[6]).
      “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]).
      “A notary public shall reapply with the department for each commission term before performing notarial acts” (WAC 308-30-030[8]).
      “A notary public may elect not to apply for … a remote notary endorsement” (WAC 308-30-030[9]).

   3. 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]).

   4. 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

“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]).

“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]).

“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

“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. 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. 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

1. 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.

2. Name Change: 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.
   “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]).
   “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]).

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).

4. Resignation: “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]).
   “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]).
   “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]).

5. 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]).

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Authorized Acts

1. Notarial Acts: Washington Notaries are authorized to perform the following notarial acts (RCW 42.45.010[8]):

   1. Take acknowledgments;

   2. Administer oaths and affirmations;

   3. Take a verification on oath or affirmation;

   4. Witness or attest a signature;

   5. Certify or attest a copy;

   6. Certify the occurrence of an event or the performance of an act; and

   7. Note a protest of a negotiable instrument (see “Protests” below for qualifications and limitations).

2. 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

1. Definition: “‘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’ 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]).

2. Requirements: “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 and that the signature on the record is the signature of the individual” (RCW 42.45.030[1]).
   “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”).
   “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” (RCW 64.08.100).

Oaths and Affirmations

1. 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).

2. 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).

3. 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).

4. 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).

5. 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

1. 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]).

2. Requirements: “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 and that the signature on the statement verified is the signature of the individual” (RCW 42.45.030[2]).
   “This notarial duty, also known as a “jurat,” is a combination of witnessing a signature and administering an oath. There are three steps that a notary will perform as part of this act:
   ”• First, the signing party brings a written statement to the notary to be verified.
   ”• Second, the notary has the signing party raise their hand and either swear an oath or solemnly
   affirm that the contents of the document are true.
   ”• Finally, after the oath, the signing party signs the document in front of the notary” (NPG).

Signature Witnessings

Requirements: “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]).

“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

1. 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).

2. Requirements: “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]).
   “When certifying a copy, it's best to make the copy yourself from the original document” (website, “How to perform notary acts”).
   “The simplest way to ensure that the copy meets this standard is for the notary to make the copy
   themselves when possible” (NPG).
   “You may attach the notary certificate on the document itself or on a separate piece of paper with a reference to the document” (website, “How to perform notary acts”).

3. 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

Requirements: “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]).

“The event or act must be described in a document. You must: Have witnessed the event or act described in the document or [t]ake the oath of a credible witness known to you. You must not produce or sign the document” (website, “How to perform notary acts”).

“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

1. 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]).

2. 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).

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Personal Appearance

1. 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).

2. 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).
   “All signers must be in your physical presence during notarization. This is called ‘personal appearance.’ You can't notarize the signature of someone who contacts you only by mail, phone, or email” (website, “How to perform notary acts”).
   “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).

3. 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]).

4. 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

1. Notarial Acts

   1. 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]).

   2. 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 youpersonally 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).

   3. Satisfactory Evidence: “A notarial officer has satisfactory evidence of the identity of an individual appearing before the officer if the officer can identify the individual:
      “(a) By means of:
      “(i) 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
      “(ii) Another 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; or  
      “(b) By 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]).

   4. 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]).

2. Remote Notarial Acts

   1. 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]).

   2. 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]).

   3. 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]).

   4. 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]).

   5. 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]).

   6. Credential Analysis: “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]).

   7. Dynamic Knowledge-Based Authentication Assessment: “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

1. Specific Grounds: “A notarial officer has the authority to refuse to perform a notarial act if the officer is not satisfied that:
   ”(a) The individual executing the record is competent or has the capacity to execute the record; or
   ”(b) The individual’s signature is knowingly and voluntarily made” (RCW 42.45.060[1]).
   “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).

2. 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.

3. 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

1. 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]).
   “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

1. 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]).

2. 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]).

3. 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]).

4. 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

1. 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]).

2. Specific Prohibitions: “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 following acts or practices, for compensation:
   “(a) Advising or assisting another person in determining the person’s legal or illegal status for the purpose of an immigration matter;
   “(b) 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;
   “(c) Selecting or assisting another in selecting, or advising another in selecting, a benefit, visa, or program to apply for in an immigration matter;
   “(d) Soliciting to prepare documents for, or otherwise representing the interests of, another in a judicial or administrative proceeding in an immigration matter;
   “(e) Explaining, advising, or otherwise interpreting the meaning or intent of a question on a government agency form in an immigration matter;
   “(f) Charging a fee for referring another to a person licensed to practice law;
   “(g) Selecting, drafting, or completing legal documents affecting the legal rights of another in an immigration matter” (RCW 19.154.060[2]).

3. Immigration: “Persons, other than those 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, are prohibited from engaging in the following acts or practices, regardless of whether compensation is sought:
   “(a) 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;
   “(b) 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]).
   “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]).

4. Exceptions: “(a) 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.
   ”(b) 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]).

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

1. General Prohibition: “A notary public may not engage in false or deceptive advertising” (RCW 42.45.230[2]).

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]).

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]).

4. 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

There is nothing in state law that forbids a notary public from notarizing a document written in a
foreign language” (NPG).

“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

There is nothing in state law that forbids a notary public from notarizing … for a signing party that does not speak English” (NPG).

“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

1. Applicable Law

   1. 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).

   2. 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]).

   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.

   4. 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.

2. Technology Systems

   1. Approval of Systems: Not required.

   2. 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.

   3. 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).

3. Fees: For the fees a Notary may charge for performing a remote online notarization, see “Fees for Notarial Acts,” below.

4. Tamper-Evident Technology

   1. 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).

   2. Requirement: “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]).
      “A tamper-evident technology shall comply with these rules:
      “(1) A technology provider shall enroll only notaries public who have been issued an electronic records notary public endorsement pursuant to WAC 308-30-030.
      “(2) 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.
      “(3) A tamper-evident technology shall require access to the system by a password or other secure means of authentication.
      “(4) 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.
      “(5) 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.
      “(6) 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).
      “‘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).

5. Refusal of Services: “In addition to the reasons listed in RCW 42.45.060, a notary public shall refuse a request to:
   “(1) Use a tamper-evident technology that the notary does not know how to operate; or
   “(2) Perform an electronic notarial act if the notary has a reasonable belief that a tamper-evident technology does not meet the requirements set forth in these rules” (WAC 308-30-140).

Remote Notarial Acts

1. Applicable Law

   1. 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.

   2. 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.

2. Technology Systems

   1. 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”).

   2. 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.

3. 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]).

4. Fees: For the fees a Notary may charge for performing a remote online notarization, see “Fees for Notarial Acts,” below.

5. 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]).

6. 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.

7. 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]).

8. Communication Technology

   1. 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])

   2. 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]).

   3. 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]).

   4. 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]).

   5. 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]).

   6. 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]).

9. Self-Proving Electronic Will: 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]).
   “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]).
   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)

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Certificate Requirements

1. General Requirement: “A notarial act must be evidenced by a certificate” (RCW 42.45.130[1]).

2. 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]).

3. 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).

4. Tangible Records: “Regarding notarial act certificates on a tangible record:
   “(a) 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.
   “(b) 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 [RCW 42.45.130], an official stamp may be affixed to or embossed on the certificate” (RCW 42.45.130[2][b]).

5. Electronic Records: “Regarding notarial act certificates on an electronic record:
   “(a) 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.
   “(b) 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 [RCW 42.45.130], an official stamp may be attached to or logically associated with the certificate” (RCW 42.45.130[3]).

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.

Electronic Notarial Certificate

1. 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).

2. 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]).

3. Forms: The form of electronic notarial certificate is the same as for paper notarial acts (RCW 42.45.140).

4. 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]).

5. 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

1. 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]).

2. 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]).

3. 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.

4. 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

1. 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]).
   “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]).

2. 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

1. 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]).

2. 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]).

3. 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).

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Definitions

1. “‘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]).

2. “‘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

1. Notarial Acts

   1. 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]).

   2. 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]).

2. In-Person Electronic Notarial Acts

   1. 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).

   2. 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]).

3. Remote Notarial Acts

   1. Electronic Records Notaries Public: Required (RCW 42.45.130[3][a]).

   2. Other Notarial Officers: Notarial officers other than Electronic Records Notaries Public are not authorized to perform remote notarial acts under Washington law.

4. 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

1. Notarial Acts

   1. 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]).

   2. Photcopiable: “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]).

   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]).

   4. 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]).

   5. 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]).

   6. Embosser on Recordable Documents: When used on a recordable document an embossing seal must meet the following criteria (RCW 65.04.045[2]):

   7. All text on the document, including the seal impression, must be in 8-point type or larger;

   8. 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.

   9. 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]).

   10. State Seal: Reproduction of the Washington state seal within the Notary stamp or seal is prohibited (WAC 308-30-070[4]).

2. 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.

3. 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 stamping devices and electronic Notary seals which are allowed by Washington law. Formats other than these may also be permitted.

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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

“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]).

“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]).

“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

“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]).

“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]).

“A replacement official seal or stamp must contain some variance from the original seal or stamp” (WAC 308-30-090[3]).

“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

1. 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]).

2. 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]).

3. 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

“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]).

“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).
“(1) 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.
“(2) 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.
“(3) 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.
“(4) 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).
“‘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).

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Records Requirement

1. Journal

   1. 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]).

      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]).

      2. 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]).

   2. In-Person Electronic Notarial Acts: Required (RCW 42.45.180[1]).

   3. 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]).

2. 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

1. 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]).

2. Electronic Journal:

   1. 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).

   2. 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]).

Contemporaneous Completion

“An entry in a journal must be made contemporaneously with performance of the notarial act” (RCW 42.45.180[4]).

Journal Entries

1. Required Entries: “An entry in a journal must … contain the following information:
   “(a) The date and time of the notarial act;
   “(b) A description of the record, if any, and type of notarial act;
   “(c) The full name and address of each individual for whom the notarial act is performed; and
   “(d) Any additional information as required by the director in rule” (RCW 42.45.180[4]).
   “A tangible notarial journal shall: …
   “(b) Have the capacity to record for each notarial act:
   “(i) The information required by RCW 42.45.180(4);
   “(ii) A description of the notary public’s method of identifying the principal; and
   “(iii) The principal’s signature, or the signature of an authorized party in compliance with RCW 42.45.070, or a notation in the notary journal that the notarial act was performed via remote notarization” (WAC 308-30-200[1][b]).

2. Signature Not Required for Remote Notarial Acts: “Notaries performing remote notarization are not required to collect and maintain the signatures of the signers when those notarizations were performed remotely. Notaries must note in their tangible notary log that a notarization was performed remotely” (WAC 308-30-200[4]).

3. Additional Information: “Beyond these, you should include whatever information you believe will be helpful in recording the notarial act, such as more details about the method of identification or the signing party’s fingerprint” (NPG)

Journal Shortcuts

“If a notary public performs notarial acts involving different statements or documents for the same individual on the same date, the notary public may record a single entry in the journal for all of the statements or documents. The entry shall include the number of statements or documents notarized and shall otherwise conform to RCW 42.45.180 and these rules” (WAC 308-30-190[2]).

Property of Notary

“A notary public’s journal is the exclusive property of the notary public.…” (WAC 308-30-200[3]).

Security of Journal, Recording

“The journal shall be kept in a locked and secured area, under the direct and exclusive control of the notary public. Failure to secure the journal may be cause for the director to take administrative action against the commission held by the notary public” (RCW 42.45.180[5]).

Lost or Stolen Journal

“If a notary public’s journal is lost or stolen, the notary public promptly shall notify the department on discovering that the journal is lost or stolen” (RCW 42.45.180[5]).

Retention of Journal

1. Requirement: “The notary public shall retain the journal for ten years after the performance of the last notarial act chronicled in the journal. The journal is to be destroyed as required by the director in rule upon completion of the ten-year period” (RCW 42.45.180[1]).

2. Surrender to Employer: “A notary public’s journal … shall not be surrendered to an employer upon demand or termination, whether the employer paid for the journal or the notary’s bond or application fees” (WAC 308-30-200[3]).

Retention of Recordings

1. Requirement: “An electronic records notary public, a guardian, conservator, or agent of an electronic records notary public, or a personal representative of a deceased electronic records notary public shall retain the audio-visual recording created under subsection (3)(c) of [RCW 42.45.280] or cause the recording to be retained by a repository designated by or on behalf of the person required to retain the recording. Unless a different period is required by rule adopted under subsection (8)(d) of [RCW 42.45.280], the recording must be retained for a period of at least ten years after the recording is made” (RCW 42.45.280[6]).
   “A notary public must retain any audio-visual recording created under RCW 42.45.280 (3)(c) in a computer or other electronic storage device that protects the recording against unauthorized access by password or other secure means of authentication. The recording must be created in an industry-standard audio-visual file format and must not include images of any electronic record that was the subject of the remote notarial act” (WAC 308-30-330[1]).
   “The fact that the notary public's employer, contractor, or repository keeps or stores any audio-visual recordings shall not relieve the notary of the duties required by these rules” (WAC 308-30-330[4]).
   “The personal representative or guardian of a notary public shall follow RCW 42.45.280(6) related to the disposition of the notary public's audio-visual recordings upon the death or adjudication of incompetency of the notary public” (WAC 308-30-330[5]).

2. Backup of Recording: “A notary public must take reasonable steps to ensure that a backup of the audio-visual recording exists and is secure from unauthorized use” (WAC 308-30-330[3]).

3. Access Instructions: “The notary public, or the notary's personal representative or guardian, shall provide access instructions to the department for any audio-visual recordings maintained or stored by the notary, upon commission resignation, revocation, or expiration without renewal, or upon the death of adjudication of incompetency of the notary” (WAC 308-30-330[6]).

4. Repositories: “A notary public, or the notary's personal representative or guardian, may by written contract engage a third party to act as a repository to provide the storage required by this section. A third party under contract under this section shall be deemed a repository under RCW 42.45.280(6)” (WAC 308-30-330[7]).
   “Any contract under subsection (7) of [WAC 308-30-330] must:
   ”(a) Enable the notary public, or the notary's personal representative or guardian, to comply with the retention requirements of this section even if the contract is terminated; or
   ”(b) Provide that the information will be transferred to the notary public, or to the notary's personal representative or guardian, if the contract is terminated” (WAC 308-30-330[8]).

Disposition of Journal

1. Termination of Commission: “On resignation from, or the revocation or suspension of, a notary public’s commission, the notary public shall retain the notary public’s journal in accordance with subsection (1) of [RCW 42.45.180] and inform the department where the journal is located” (RCW 42.45.180[6]).
   “The notary public, or the notary’s personal representative, shall provide access instructions to the department for any electronic journal maintained or stored by the notary, upon commission resignation, revocation, or expiration without renewal, or upon the death or adjudicated incompetence of the notary” (WAC 308-30-210[5]).

2. Death or Incompetency of Notary: “The personal representative or guardian of a notary public shall follow RCW 42.45.180(6) related to the disposition of the notary public’s journals upon the death or adjudication of incompetency of the notary public” (WAC 308-30-210[3]).

3. Destruction of Tangible Journal: “Ten years after the performance of the last notarial act chronicled in a tangible journal, the journal is to be destroyed by shredding or other destruction that leaves any entry in the journal illegible” (WAC 308-30-210[1]).

4. Destruction of Electronic Journal: “Ten years after the performance of the last notarial act chronicled in an electronic journal, the journal is to be destroyed by deleting any remaining records pertaining to the electronic journal and deleting any remaining tamper-evident technology in the notary’s possession” (WAC 308-30-210[2]).
   “Nothing in this section shall require a notary to dispose of their notarial journal or journals if doing so would be in conflict with the law of another jurisdiction that requires a notary to keep their journal for a longer period of time” (WAC 308-30-210[4]).

State Employee Journal

Is a state employee’s notarial journal public record or private property? — While generally a notary’s journal is considered private property, the journal entries that a notary public creates during the course of work as a state or local government employee in Washington are likely public records, due to the nature of government employee’s work and Washington public disclosure laws. The Department recognizes that this may create difficulties for state or local government employees who perform notarizations both while working and outside of work. A notary may be able to argue that specific journal entries are not public record, because they were created outside of the scope of their employment. In order to prove this, though, the notary is responsible for demonstrating which entries are work-related and which are not. To help prove which entries are public record, the notary public can segregate their state-work notarizations and after-hours notarizations into different sections of the journal, such as recording all of the after-hours notarizations in the back of the journal. Color coding journal entries may be another way to distinguish which entries are public record. The Department advises any notary who works for the state or a local government agency in Washington to consult with their agency’s public records advisor on these issues” (NPG).

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Rules

“The director may establish by rule the maximum fees that may be charged by notaries public for various notarial services” (RCW 42.45.170[1]).

Maximum Fees

1. Notarial Acts: “The maximum fees a notary may charge for notarial acts are…:
   “Witnessing or attesting a signature $10.00
   “Taking acknowledgment or verification upon oath or affirmation $10.00 “Certifying or attesting a copy $10.00
   “Administering an oath or affirmation $10.00
   “Certifying that an event has occurred or an act has been performed $10.00” (WAC 308-30-220[1]).

2. Remote Notarial Acts: “Notwithstanding the maximum fees set forth in subsection (1) of [WAC 308-30-220] and the prohibition set forth in subsection (3) of this section, a notary public may charge a maximum fee of twenty-five dollars to perform a remote notarial act” (WAC 308-30-220[6]).

Copy Fee

A notary public may additionally charge the actual costs of copying any instrument or record” (WAC 308-30-220[4]).

No Charge

“A notary public may not charge fees for receiving or noting a protest of a negotiable instrument or record” (WAC 308-30-220[3]).

Fee Not Required

“A notary public need not charge fees for notarial acts” (RCW 42.45.170[2]; see also WAC 308-30- 0220[2]).

Travel Fees

“A notary may charge a travel fee when traveling to perform a notarial act if:
“(a) The notary and the individual requesting the notarial act agree upon the travel fee in advance of the travel; and
“(b) The notary explains to the individual requesting the notarial act that the travel fee is in addition to the notarial fee in subsection (1) of [WAC 308-30-220] and is not required by law” (WAC 308-30- 0220[5]).

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Notary Signing Agents

Currently, there are no statutes, regulations or rules expressly governing, prohibiting or restricting the operation of Notary Signing Agents within the state of Washington.

Recording Requirements

“All pages of the document shall be on sheets of paper of a weight and color capable of producing a legible image that are 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 a 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]).

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Notarial Acts in Washington

“(1) A notarial act may be performed in this state by:
“(a) A notary public of this state;
“(b) A judge, clerk, or deputy clerk of a court of this state; or
“(c) Any other individual authorized to perform the specific act by the law of this state.
“(2) The signature and title of an individual authorized by chapter 281, Laws of 2017 to perform a notarial act in this state are prima facie evidence that the signature is genuine and that the individual holds the designated title.
“(3) The signature and title of a notarial officer described in subsection (1)(a) or (b) of this section conclusively establishes the authority of the officer to perform the notarial act” (RCW 45.42.080).

Notarial Acts in U.S. State or Jurisdiction

“(1) A notarial act performed in another state has the same effect under the law of this state as if performed by a notarial officer of this state, if the act performed in that state is performed by:
“(a) A notary public of that state;
“(b) A judge, clerk, or deputy clerk of a court of that state; or
“(c) Any other individual authorized by the law of that state to perform the notarial act.
“(2) The signature and title of an individual performing a notarial act in another state are prima facie evidence that the signature is genuine and that the individual holds the designated title.
“(3) The signature and title of a notarial officer described in subsection (1)(a) through (c) of this section conclusively establishes the authority of the officer to perform the notarial act” (RCW 45.42.090).

Notarial Acts Under Authority of Federally Recognized Indian Tribe

“(1) A notarial act performed under the authority and in the jurisdiction of a federally recognized Indian tribe has the same effect as if performed by a notarial officer of this state, if the act performed in the jurisdiction of the tribe is performed by:
“(a) A notary public of the tribe;
“(b) A judge, clerk, or deputy clerk of a court of the tribe; or
“(c) Any other individual authorized by the law of the tribe to perform the notarial act.
“(2) The signature and title of an individual performing a notarial act under the authority of and in the jurisdiction of a federally recognized Indian tribe are prima facie evidence that the signature is genuine and that the individual holds the designated title.
“(3) The signature and title of a notarial officer described in subsection (1)(a) through (c) of this section conclusively establishes the authority of the officer to perform the notarial act” (RCW 45.42.100).

Notarial Acts Under U.S. Law

“(1) A notarial act performed under federal law has the same effect under the law of this state as if performed by a notarial officer of this state, if the act performed under federal law is performed by:
“(a) A judge, clerk, or deputy clerk of a court;
“(b) An individual in military service or performing duties under the authority of military service who is authorized to perform notarial acts under federal law;
“(c) An individual designated a notarizing officer by the United States department of state for performing notarial acts overseas; or
“(d) Any other individual authorized by federal law to perform the notarial act.
“(2) The signature and title of an individual acting under federal authority and performing a notarial act are prima facie evidence that the signature is genuine and that the individual holds the designated title.
“(3) The signature and title of an officer described in subsection (1)(a), (b), or (c) of this section conclusively establishes the authority of the officer to perform the notarial act” (RCW 45.42.110).

Notarial Acts in Foreign State

“(1) In this section, “foreign state” means a government other than the United States, a state, or a federally recognized Indian tribe.
“(2) If a notarial act is performed under the authority and in the jurisdiction of a foreign state or constituent unit of the foreign state or is performed under the authority of a multinational or international governmental organization, the act has the same effect under the law of this state as if performed by a notarial officer of this state.
“(3) If the title of office and indication of authority to perform notarial acts in a foreign state appears in a digest of foreign law or in a list customarily used as a source for that information, the authority of an officer with that title to perform notarial acts is conclusively established.
“(4) The signature and official stamp of an individual holding an office described in subsection (3) of this section are prima facie evidence that the signature is genuine and the individual holds the designated title.
“(5) An apostille in the form prescribed by the Hague Convention of October 5, 1961, and issued by a foreign state party to the Hague Convention conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office.
“(6) A consular authentication issued by an individual designated by the United States department of state as a notarizing officer for performing notarial acts overseas and attached to the record with respect to which the notarial act is performed conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office” (RCW 45.42.120).

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Secretary of State

While state law (RCW 42.44.180[1][a]) gives both the Director of Licensing and the Secretary of State authority to issue authenticating certificates for notarial acts, such certificates (including apostilles) are currently issued only by the Washington Secretary of State. The pertinent website for the Secretary is: www.sos.wa.gov/corps/apostilles/.

1. Fee: $15 per document for an apostille or certificate of authority. Checks or money orders should be made payable to “State of Washington.” For expedited service, an additional $50 will be required for any order (website, “Request Form”; see also RCW 42.44.180[1][a]; WAC 308- 30-070 and 308-30-100).

2. Physical/Overnight Address:
   Washington Secretary of State Corporations & Charities Division
   Apostille and Certification Program
   801 Capitol Way South
   Olympia, WA 98501-1226

3. Mailing Address:
   Washington Secretary of State Corporations & Charities Division
   Apostille and Certification Program
   P.O. Box 40228
   Olympia, WA 98504-0228

4. Phone: 360-725-0344; 360-725-0345

5. Procedure: Persons in need of an apostille or authenticating certificate should mail or present the original notarized document, Apostille or Certificate of Authentication Request Form (available for download on the Secretary of State’s website) and the appropriate fee.
   Expedited service — see fee above — will allow same-day processing if the notarized document is brought to the Secretary of State’s office; if mailed, any expedited document will be processed within two business days. Otherwise, non-expedited requests are processed in the order received, typically within five to seven business days.

6. FBI Backround Check: “Q: How do I obtain an Apostille/Certificate of Authentication on my FBI Background Check?
   ”A: FBI Background Checks must be sent to the US Department of State in Washington DC. Our office does not have authority to Apostille or Authenticate Federal background checks” (website, “Apostille Frequently Asked Questions”).

7. School Diplomas: “Q: Does my High School diploma need to be notarized or do you need my original diploma?”
   ”A: Notarized copies of diplomas, original diplomas, or diplomas signed by the Principal, Vice Principal, or Superintendent are acceptable. We do not recommend sending the original High School Diploma as typically schools will not recreate the diploma if needed. If the original diploma is necessary per country, we strongly suggest that documents are sent by a traceable mail source to and from our office (FedEx, UPS, Etc.) (website, “Apostille Frequently Asked Questions”).
   “Q: Does my College or University diploma need to be notarized?
   ”A: If you are sending your original diploma, notary is not required. Notarized copies of diplomas, or duplicate diplomas signed by the Registrar, President, or Vice President are acceptable” (website, “Apostille Frequently Asked Questions”).

8. Vital Records: Procedures for submitting vital records for authentication may be found on the Secretary of State’s website (website, “Apostille Frequently Asked Questions”).

9. Driver’s License/Passport: “Q: How do I get my Driver License Apostille/Authenticated?
   ”A: If you are currently in Washington State, you will need to get a copy of your Driver License notarized before requesting an Apostille/Certificate of Authentication. If you are not in Washington State and need your Washington State license Apostilled/Authenticated, you can obtain an Abstract Driving Record from Department of Licensing The abstract driving record will then need to be sent to our office for Apostille or Authentication. Please do not send us your original Driver License” (website, “Apostille Frequently Asked Questions”).
   “Q: How do I get my passport Apostille/Authenticated?
   ”A: You will need to get a copy of your passport notarized as a true and correct copy by a Washington State notary public” (website, “Apostille Frequently Asked Questions”).

10. Business Entity Records: Procedures for submitting Washington state business entity records for authentication may be found on the Secretary of State’s website (website, “Apostille Frequently Asked Questions”).

11. Improper Requests: “The secretary of state may not certify or attest to the signature of a notary public on a document:
    “(a) Regarding allegiance to a government or jurisdiction;
    “(b) Relating to the relinquishment or renunciation of citizenship, sovereignty, military status, or world service authority; or
    “(c) Setting forth or implying for the bearer a claim of immunity from the laws of the jurisdictions of Washington, immunity from the laws of the state of Washington, or immunity from federal law (RCW 43.07.032[3]).

12. Online Authentication Search: Apostilles and other certificates of authority that were issued by the Washington Secretary of State’s office to authenticate notarial acts may be confirmed online through the Secretary’s website at “Apostille Search.”

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