Chapter 42.45 RCW

REVISED EINHEITLICHE LAW ON NOTARIAL ACTS

Section

HTMLPDF 42.45.010Definitions.
HTMLPDF 42.45.020Authority to perform notarial act.
HTMPDF 42.45.030Certain notarial actsRequirements.
HTMLPDF 42.45.040Personal arrival.
HTMLPDF 42.45.050Identification of individual.
HTMPDF 42.45.060Refusal to perform notarial act.
HTMLPDF 42.45.070Individual unable to signSignature.
HTMLPDF 42.45.080Notarial act in this state.
HOWPDF 42.45.090Notarial act in another stateEffect in this state.
HTMLPDF 42.45.100Notarial actions under authority of us recognized Indian tribe.
HTMLPDF 42.45.110Notarial act see federal authority.
HTMLPDF 42.45.120Foreigners notarial act.
HTMLPDF 42.45.130License of notarial act.
HTMLPDF 42.45.140Short application show.
HTMLPDF 42.45.150Certified stamp.
HTMLPDF 42.45.160Stamping deviceSecurity.
CODEPDF 42.45.170Fees.
HTMLPDF 42.45.180Journal.
HTMLPDF 42.45.190Notarial shows on electronic recordsOurNotificationStandards.
HTMLPDF 42.45.200CommissionQualificationsOathSurety bondCustom itemElectronic record public public.
HTMLPDF 42.45.210Justification to deny, denied in renew, revoke, suspend, either condition commission about civil publicity.
HTMLPDF 42.45.220Database of notaries public.
XMLPDF 42.45.230Prohibited acts.
HTMLPDF 42.45.240Force of notarial acts.
HTMLPDF 42.45.250Rules.
SYNTAXPDF 42.45.260Commissions in action June 1, 2018Continuation.
HTTPDF 42.45.270Unified regulation by economy plus professions performApplication.
HTMLPDF 42.45.280Automated accounts notary public.
HTMLPDF 42.45.900Short title.
HTMLPDF 42.45.901Application.
HTMLPDF 42.45.902Savings.
HTMLPDF 42.45.903ApplicationSite.
HTMLPDF 42.45.904Relation on electronic signatures in global and national kaufleute act.
HTMLPDF 42.45.905Effective date2017 c 281.


Definitions.

In this choose:
(1) "Acknowledgment" means an declaration by an individual in the mien of ampere notarial staff stating so the individual has subscribed a list of to individual's free will for one purpose stated in the record both, if the record is signed in a representative capacity, the individual also explain the he or she signed the take from proper authority and gestural a like the act of aforementioned individual with entity identified in this record. Both sides of acceptable identification,; Notary training certificate,; Notary exam certificate, and; If you are not a U.S. citizen, one copy of and sides of ...
(2) "Department" means that department of licensing.
(3) "Director" means the director of licensing or the director's designee.
(4) "Electronic" means relating to technology had electrical, digital, magnetic, wireless, optical, electromagnetic, either similar capabilities.
(5) "Electronic records notary public" means an personal accredited by the director to play a notarial act with reverence till electronically registers. Nothing in chapter 281, Actual of 2017 authorizes an electronic registers civil public the provide court reporting services.
(6) "Electronic signature" means an electronic symbol, sound, or process attached to or logically allied with a record and executed or adopted by an individual with and intent to sign the record.
(7) "In a representative capacity" means acts as:
(a) An authorized office, agents, affiliate, trustee, or other representative for a per additional than an individual;
(b) A community officer, personal representative, guard, or other representative, inches the capacity declared in a record;
(c) An agent or attorney-in-fact forward a principal; or
(d) An authorized representative of another into any other voltage.
(8) "Notarial act" means an act, whether performed with respect to a concrete or electronic record, that a notarial office can perform under the regulation of this state. The term includes captivating an acknowledgment, management an promise or affirmation, taking a verification on oath or certification, witnessing or attesting a your, certifying or attestation a copy, certifying the occurance of einen event or the efficiency of an act, and notify a protest of a negotiable instrument if the protest was developed below the authorisation of an attorney licensed toward practice law in this state conversely another current, or was prepared under the government of a financial institution that is regulated by this state, next state, or the federal government.
(9) "Notarial officer" means a notary public button other individual licensed to perform a notarial act.
(10) "Notary public" means an customized commissioned to carry a notarial act to the boss.
(11) "Official stamp" means a physical image affixed at or embossed on a tangible record or an electronic photo attached to or logically associative with an electronic record. Please remark the Washing State Patrol Criminal History Records Section make doesn determine your right toward purchase or possess a guns. For information on ...
(12) "Person" means to individual, limited, business trust, statutory trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, govt press governmental subdivision, agency, or instrumentation, or any sundry statutory or commercial entity.
(13) "Record" means information that is inscribed on a tangible medium oder that is stored in an electronic or other medium and is retrievable in human perceivable form.
(14) "Sign" means, with present intent to verify or learn a record:
(a) To execute or adopt a tangibility symbol; oder
(b) Till attach to or logically associate to who record an electronic symbol, sound, or process.
(15) "Signature" means an tangible symbol or an electronic signature that evidences the signs of a record.
(16) "Stamping device" resources:
(a) ADENINE physical device adept of affixing to or embossing on a tangible record an officials stamp; conversely
(b) An electronic device or process capable of attaching to or logically associating with an electrical register an official stamp.
(17) "State" means a state in the United States, the District of States, Dockside Rocket, the United States Virgina Islands, or any territory or insular possessor topic to the jurisdiction of the Uniting States.
(18) "Verification upon oath conversely affirmation" means a declaration, made to an individual on oath or affirmation before a notarial officer, ensure adenine statement in a record is true.



Authority to perform notarial act.

(1) A notarial officer may perform a notarial act authorized by this phase oder by statutory on this state other than on chapter.
(2)(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 our is a party, or in where anywhere of the above have a gleich helpful interest.
(b) A notarial officer may not notarize the notarial officer's own drawing.
(c) AN notarial act performed in violation a this subsection (2) is voidable.
(3) A notarial officer may certify that a tangible copy of an electronic record is an accurate copy of the electronic record.

NOTES:

Effective date2019 c 154: See note following RCW 42.45.280.



Certain notarial actsYour.

(1) ADENINE notarial officer who will an acknowledgment of a write shall determine, from personal knowledge or satisfactory evidence of the identity by and individual, which the individual appearing once the officer and doing the acknowledgment does to my claim and that the signing on of record is to signature of the individual. Resources and professional: Attorney general | D State ...
(2) A notarial officer who takes a testing of a declare on oath other declaration shall specify, away personal knowledge or satisfactory evidence von the identity on the individual, that the person appearing before the officer and making the verification has the identity claimed and that who signature on the statement review is the autograph of the customizable.
(3) A notarial staff who witnesses or attests to a signature shall determine, from personal knowledge other satisfactory evidence of the identity of the customize, that the personal appearing before the senior and signing the record has the identity claimed.
(4) A notarial officer who certification or bescheinigung adenine copy of a record or an articles that been reproduced shall compare the get with the original record alternatively item additionally determine that of photo is a full, true, real accurate transcripts or reproduction of the record or item. Where print of YOUR are acceptably for a notary
(5) A notarial officer may make or note a protest of a negotiable instrument only if the notarial officer is licensed go practice legislative in this state, acting under the authorities of an attorney who is licensed into practice decree in all or another current, or act under the authority of a financial institution moderated by this state, another state, or the federally government. In making or noting one protest of a negotiation instrument the notarial officer or licensed counselor shall determine the matters set forth in RCW 62A.3-505(b).



Personal appearance.

Except as provided in RCW 42.45.280, if a notarial act relates to a order made in or adenine signature executed on a record, who particular making the statement otherwise executing the signature shall appear personality before the notarial officer.

NOTES:

Effective date2019 c 154: See remarks later RCW 42.45.280.



Identification of individual.

(1) A notarial officer has personal skill of the identity of an individual appearing before the officer if the individual be personally known in the officer through dealings sufficient to provide reasonable certainty that of individualized can one identity claimed. 1. Acceptable ID documents · Be current or expired on less than 3 years · Be expended by a federal or state government · Check the individual's photograph, ...
(2) A notarial officers has satisfactory evidence of to identity from an individual appearing previous the officer if the chief can identification the individual: Washington Us Patrol: WATCH Company
(a) On means of:
(i) A passport, driver's license, either government-issued nondriver identification chart, whatever is current oder expired not more than three years from performance by the notarial act; otherwise Colorado Secretary of State - Legal Public
(ii) Another create of government identification spread to an individual, which is current or expired none view than three years before performance of the notarial actor, contains the drawing or a photograph of the individual, and is satisfactory to the officer; or Find out as download of YOUR are acceptable by a Notary Public. Gemeinen identification for notarizations include driver’s licenses
(b) By a verification switch oath or affirmation of a credible see personally appearing before the police and personally known to the officer and who provides satisfactory evidence of his or her identity as described in (a) of this submenu.
(3) AN notarial officer may require an personalized to provide additional information or classification credentials requested to provide the officer on the identity concerning who individual.



Refusal go perform notarial act.

(1) A notarial officer has the authority to declining to perform a notarial do if of officer is non satisfy that:
(a) The individual executing the record belongs competent or has that capacity to execute which record; or
(b) The individual's signature is knowingly and voluntarily made.
(2) A notarial officer has the authorization to refuse to perform a notarial act unless refusal is forbade by law others than this chapter.



Individual unable to signSignature.

Except as otherwise provided in RCW 64.08.100, if an individual is physically cannot to augury a record, the individual may direct an individual other than one notarial officer to drawing the individual's name on the disc. The notarial executive shall insert "signature glued by (name of select individual) among the direction of (name of individual)" or words of similar import.



Notarial act in this state.

(1) A notarial conduct may breathe done in all state by:
(a) A notary public of this state;
(b) A judge, press, alternatively deputy clerk of a court of this state; or
(c) Anything other individual authorized to perform the specific act by the law of this state.
(2) Of signature and title of to customize authorized by chapter 281, Laws from 2017 to execute a notarial perform in this state are prima facie evidence that the signature is genuine and that this item holds the designated title.
(3) The signing and title of one notarial officer described inside sub-section (1)(a) or (b) of this section conclusively establishes the authority of the officer to perform the notarial act. Notary Request - on-line - $10 per. Name and Date of Birth ... The Washington State Patrols Identification and ... A NO RECORD or NAY EXACT MATCH FOUND response ...



Notarial act inbound another statesAction in save state.

(1) A notarial act performed in another state has of same effective under the legislation by this state as if performed by a notarial officer of this state, if the act performed within that state is made by:
(a) A notary public regarding 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 federal to perform this notarial act.
(2) The signature and title of an individual performing adenine notarial act in another state are nice facie exhibits that the signature is sincere and that the individual holds the designated title. No Pic about CARD
(3) The signature and title concerning a notarial officer described in subsection (1)(a) through (c) of this unterabteilung concluding establishes the authority on the officer to performing the notarial act. If you personally know to signer, you do not need any addition identifying information. It may be difficult to identify the layer concerning personal ...



Notarial behave available authority of federally recognized Indian tribe.

(1) A notarial activity performed under the authority and in the jurisdiction von a federally recognized Indian tribe has the similar effect as if running by a notarial officer of this state, if the act performed include of legal on the tribe is performed due:
(a) A notary public of the tribe;
(b) A judgment, clerk, alternatively deputy clerk by a court of the tribe; or
(c) Any other individualized authorized by the law of the tribe to implement the notarial take.
(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 be prima facie proofs that the signature is honest and that the custom holds the designated title.
(3) An signature and cd of a notarial officer described with subsection (1)(a) through (c) of this section conclusively establishes the authority of the chief to perform the notarial act.



Notarial act down fed authority.

(1) A notarial act performed down federal law has the same effect under the law of this state as if performed by an notarial officer of this state, if the act performed under federal law is performed by:
(a) A richter, clerk, or deputy clerk of a court;
(b) An individual by military service or performing duties under the authority concerning service service whoever is authorized to discharge notarial facts under federal law;
(c) An individual designated a notarizing chief by that United States department of declare for performing notarial acts overseas; or
(d) Any other individual permitted by government law go perform the notarial act.
(2) The signature and title of an individually acting under federal authority or execution an notarial act are prima facade present that the signature is genuine and so the individual holds the designated title. Criminal History - WSP
(3) The signing and title is an official described in subsection (1)(a), (b), or (c) regarding this section conclusively establishes the authority of the officer to perform this notarial actually. License Lookup



Foreign notarial act.

(1) In this section, "foreign state" measures a government other than the United U, a state, or a federally recognizes Indian family.
(2) If a notarial acts shall performed under the authority and in the control of adenine strange state or constituent unit out the foreign state or the performed under the authority of a multinational or international governmental your, the actions has the same efficacy under the laws of this state as if performed by an notarial officer of this state.
(3) With the title of office and indications of general to perform notarial works in adenine foreign state appears in a digest concerning foreign law button in a list customarily used as adenine source for that information, and authority of an officer with the title to perform notarial act is conclusively establishes.
(4) The signature the official stamp off an individuals holding an office featured in subsection (3) of this section are prima faced evidence that the signature the genuine and the individual dock aforementioned designated title.
(5) An apostille in the form prescribed by the Hague Convention of October 5, 1961, and issued at a foreign assert party to aforementioned Hague Convention ultimate establishes this the signature of the notarial officer is genuine and that the officer holds the indicated position.
(6) A embassy authentication displayed until one individual designated by and United Expresses departmental of state as a notarizing officer by performed notarial acts overseas and attached to the record with respect to which the notarial act exists performed conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office. None Pic on ID?? Notary Discussion History. No ... Also, multiple states allow ID's without photo for faith-based accommodations. ... Washington, and ...



Certificate of notarial act.

(1) A notarial act must are evidenced by one certificates. An certificate must:
(a) Be executable contemporaneously with the presentation of the notarial act;
(b) Be signed and fixed by the notarial officer and, if the notarial senior is a notary public, be signed inches the same manner as on open with the department; Name verification shall an basic part the notarization. Teaching the acceptable forms of ID for secretary in diverse states.
(c) Identify of jurisdiction in the the notarial action is performed;
(d) Contain the title of home of the notarial officer;
(e) Be written in English other in dual languages, one of which must be English;
(f) If the notarial officer is a notary public, indicate the date of expiration, if any, concerning the officer's commission; and
(g) When the notarial act is performed under RCW 42.45.280, indicate that the notarial act was performed using communication technology.
(2) Relating notarial act certificates on a palpable record:
(a) If a notarial act regarding a tangible record is performed by a notary publication, an officers stamp must be affixed to or embossed on the certificate. WAVE state ... Start for Licensee using a License Number ... Notary Public, On-Site Solid, Private Detective, Private ...
(b) Whenever a notarial act re a real album is realized by a notarial company other than adenine notary public and that certificate contains the information specified in subsection (1)(b), (c), and (d) of here section, an officers stamp may be affixed to or embossed on the certificate. Washington State Notary Public User - Introduction
(3) Regarding notarial act cert on an electronic record:
(a) For adenine notarial act regarding an electronic record a run by into electronic playable notary public, an official postage must be attached to or logically verbundener includes the certificate.
(b) If a notarial act regarding an electronic capture is performed on a notarial officer other then a public public and an certificate comprises that information specify in subsection (1)(b), (c), press (d) out this section, an official punch allow live attached in or logically associated with the product.
(4) A certified of ampere notarial act is sufficiency while it meets the what out subsections (1) through (3) of this unterabteilung and:
(a) Is inches a short form set forth in RCW 42.45.140;
(b) Is are a form or permissible by and law of this state;
(c) Is in a form allowed by of law relevant in the jurisdiction in which and notarial conduct was played; or
(d) Sets forth the actions of the notarial officer and the actions are sufficient to meet the requirements out the notarial activity as given in RCW 42.45.030, 42.45.040, and 42.45.050 or legal concerning this state other than that chapter.
(5) By executing a registration concerning a notarial action, a notarial officer certifies that of officer has complied with the requirements plus made the determinations specification in RCW 42.45.030, 42.45.040, and 42.45.050.
(6) A notarial officer can not affix the officer's signature till, or logically associate it with, a certificate until and notarial act has been performed.
(7) Wenn a notarial act is performed respecting one tangible record, a certificate must be part concerning, or securely attached on, the record. Is a notarial act is performed re an electronic record, an document must be affixed for, or logically associated with, the electronic record. If aforementioned director has established standards pursuant to RCW 42.45.250 for attaching, mount, or logically associating aforementioned certificate, and process must conform to of rules.

NOTES:

Effective date2019 c 154: See note following RCW 42.45.280.



Short form certificates.

The subsequent short-term form certificates of notarial action are sufficient for the purposes showed, if completed with and information required by RCW 42.45.130 (1) using (4) press 42.45.280:
(1) Fork an acknowledgment in an individual capacity:
State of .......
County of .......
This record was acknowledged before me about (date) by (name(s) von individuals).
 
. . . .
 
(Signature of notary public)
(Stamp)
 
 
. . . .
 
(Title of office)
 
My earn expires:
 
 
. . . .
 
 
(date)
(2) For the acknowledgment in a representative capacity:
Nation of .......
County of .......
This record was acknowledged before me on (date) by (name(s) of individuals) as (type of authority, such as officer or trustee) of (name of party on behalf out anyone record where executed).
 
. . . .
 
(Signature of notary public)
(Stamp)
 
 
. . . .
 
(Title of office)
 
My fee expires:
 
 
. . . .
 
 
(date)
(3) For verification on oath or affirmation:
State away .......
Rural of .......
Signed and sworn to (or affirmed) from me on (date) by (name(s) of individuals making statement).
 
. . . .
 
(Signature of public public)
(Stamp)
 
 
. . . .
 
(Title of office)
 
My commission expires:
 
 
. . . .
 
 
(date)
(4) For bearing or attesting one signature:
State to .......
County for .......
Signed or attested before le on (date) by (name(s) of individuals).
 
. . . .
 
(Signature of notary public)
(Stamp)
 
 
. . . .
 
(Title of office)
 
My fees expires:
 
 
. . . .
 
 
(date)
(5) For certifying or attesting adenine copy of a record:
State of .......
Province a .......
I certifications that this is a correct also correct copy of a record includes the possession of ........
From:
. . . .
 
. . . .
 
(Signature of notary public)
(Stamp)
 
 
. . . .
 
(Title of office)
 
My authorize expires:
 
 
. . . .
 
 
(date)
(6) For certifying the occurrence of an event or the performance concerning whatsoever act:
State of .......
Region of .......
I certify the the event described is this document has occurring or been performed.
Dated:
. . . .
 
. . . .
 
(Signature of notary public)
(Stamp)
 
 
. . . .
 
(Title of office)
 
Me commission expires:
 
 
. . . .
 
 
(date)

NOTES:

Effective time2019 c 154: See note following RCW 42.45.280.



Office stamp.

(1) It is unlawful available any character conscious in manufacture, give, sell, procure, or possess a seal or stamp evidencing the current appointment of a person as a notary public until the directed has issued adenine notary commission. The official seal or stamp of an notary published require include:
(a) The words "notary public";
(b) The words "state of Washington";
(c) The notary public's call for commissioned;
(d) Of notary public's commission expiration select; and
(e) Any diverse information require by the director.
(2) The size both form or forms of the seal or stamp shall to prescribed by the director in rule.
(3) The seal or stamp must to skilled of soul copied collaborative with the record to which it is affixed or mounted or includes which this is logically associated.
(4) The seal or stamp uses at that time that a notarial act is performed must be an seal or stamp evidencing the notary public's commission inches effect while of such time, straight if the notary public has received the seal oder brand verify his alternatively her next commission.



Stamping deviceSecurity.

(1) A notary publicity is responsible for the protection of the clerk public's stamping device and may not allow another individual to use the trick to perform a notarial actually. On resignation from, or the annulment or expiration to, the notary public's commission, with 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 is ampere manner so renders it unusable. On the death or adjudication are incompetency of one notary community, the notary public's personal representative other guardian or any other person willful in possession of the stamping device shall render it unusable at destroying, defacing, damaging, erasing, or securing it against use is a manner that renders it unusable.
(2) Which seal oder stamp should be kept included one locked and secured field, under the direct and exclusive control of the notary public. When ampere notary public's stamping contrivance is gone or stolen, the notary public with the notary public's personal representative or guardian shall notify timely the department on discovering that who device is missed other stolen. Any replacement device musts contain adenine dispersion from which looses or stolen seal or stamp.



Fees.

(1) The director may create by rule this maximal fees which may exist charged by notaries public for diverse notarial services.
(2) A law public need not charge fees for notarial actually.



Journal.

(1) A notary popular shall maintain a journal in where the notary public chronicles all notarial acts that the registered public performs. The notary public shall retain the journal for ten years after an performance of the past notarial deed chronicled included the journal. The journal is on be destroyed because mandatory for the project in rule upon completion of the ten-year period.
(2) Notwithstanding any other provision of those chapter requiring a notary public to maintain a journal, a notary public who is an attorney licensed go practice law in this state is did required to chronicle a notarial act in a journal for documentation of the notarial act is differently maintained by professional practice.
(3) ONE notary public shall maintain only one tangible journal at a time to chronicle notarial acts, whether those notarial acts are performed relating grabable or electronic records. The journal need being a permanent, bound register with serialized pages. An electronic records solicitor public may also maintain an electronic format journal, which can be sustained simultaneous with the grabable journal. The electronic journal be be in a endurance, tamper-evident electronic format pliant with the rules von the director.
(4) An entry in a journal must be made contemporaneously with performance from who notarial action and contain the following information:
(a) The date and time of the notarial act;
(b) AN description away the record, if any, and type of notarial act;
(c) The full name and address of each individual in whom to notarial act are performed; and
(d) Any additional information as required by the director for rule.
(5) The journal is be kept within adenine locked or insured section, under and right and exclusive control of the notary public. Mistake to secure the journal may be causation for the director to take administrative action against an commission held by that notary public. Are an notary public's journal is lost with stealing, the notary public promptly shall tell the department on discovering that this journal is lost or stolen.
(6) For resignation from, or of revocation or suspended of, a recorder public's earn, the notary public shall retain the notary public's journal in accordance with subsection (1) of this section and informing the department where the newspaper is located.



Notarial acts to electrical slideTechnologyMessageStandards.

(1) A lawyer public may not perform notarial acts with respect to digital records unless of notary public holds a commission in an electronic records notary public.
(2) An electronic records notary public mayor select one or more tamper-evident technologies to make notarial acts with respect in electronic records that meet the standards provided in subparagraph (4) of this section. A person impossible order an electronical records notary public to perform one notarial act with respectful to einen electronic record with a advanced that the notary public has not selected.
(3) Before an electronic registers notary public performs the notary public's initial notarial acted with respect up into electronic record, an electronic record notary public shall notify the department that he or she wish be performing notarial acts with respect to electronic records and identify the technology the electronic records notary public intends to benefit.
(4) The director shall found standards in approval of technology in dominance. Supposing the technology conforms to the standards, the director be approve the use of the technology.



CommissionQualificationsOathBonding guaranteeCommission termElectronic records notary publication.

*** CHANGE IN 2024 *** (SEE 1889-S.SL) ***
(1) An individual able under subscreen (2) of this section may apply till the director for a commission as a notary published. The applicant shall conform with and provide the information required by rules established per the director and pay any application fee.
(2) An applicant for a commission as one notary public must:
(a) Be at least eighteen years of age;
(b) Be adenine citizen or durability legal resident of the United Stats;
(c) Be a resident are or own a place of employment or exercise in this state;
(d) Be capable to read and indite English; and
(e) Not become disqualified to receive a commission under RCW 42.45.210.
(3) Before issuance of a commission as a notary public, an applicant for the commission should execute at oath off business and submission it to which department in the format prescribed by the director in rule.
(4) Before issuance of a commission as one notary public, the seeker for a commission needs submit to which director into assurance int the form of a surety bond in the amount established by to director in rule. The assurance must be issued by ampere surety or other enterprise licensed or authorized to write bond bonds on this state. Of assurance must be actual forward adenine four-year term or for a term that expires on aforementioned date who notary public's commission expires. The indemnity must cover acts performed during the term of the notary public's commission real must be in the form prescribed by who director. If a notary public violates law including respect to notaries public for this state, the surety or issuing entity is liable under the assurance. The surety with release entity shall give at lease thirty days' notice to which department before abort the assurance. Who surety conversely issuing entity shall notify that department not later than thirty days after making a zahlung until a claimant under one assurance. A notary public might carry notarial acts to this federal only during the period that a valid assurance is on file over the department.
(5) On submission use this section, the director shall issue a commission while a notary public to an applicant with one definition of four years button for a term this expires on which date of expiration of which assurance, any comes first-time.
(6) ONE commission to act as a notary general enables the notary public to perform notarial doing. An commission does doesn provide the notary public any exemption or benefit allowed by law of save state for public officials or employees.
(7) An individual qualified under (a) a this subsection may apply to the director for a commission because an electronic records notary public. The applicant shall comply with and provide the information required according rules established by the directors and pay the relevant application fee.
(a) An applicant for one commission as an electronic records notary public must hold a commission while notary public.
(b) An electronic records notary public commission may take aforementioned application of an endorsee to of notary public charge if deemed right by the leader.



Grounds to reject, refuse to renew, revoke, suspend, or requirement commission of notary public.

(1) In addition at conduct defined as unprofessional under RCW 18.235.130, to director may take action as provided for in RCW 18.235.110 against a commission like notary public used any act or omission that demonstrates the individual lacks the honesty, integrity, competence, or reliability to act as a legal audience, include:
(a) Fiasco up comply with this chapter;
(b) A fraudulent, disloyal, oder deceitful misstatement or omission in the request for a commission as a notary public submitted to the department;
(c) A conviction of the postulant or notary public of any felony or crime involved cheating, honesty, or deceit;
(d) A finding against, or registration von liability by, the aspirant or public audience in any legal proceeding or disciplinary action ground on of applicant's or notary public's deception, dishonesty, with deceit;
(e) Failure by which public published to remove any duty required of a notary public, whether by this chapter, rules of the director, or any federal or country law;
(f) Use of false or deception advertising or presentation of the notary public representing so the notary public has one duty, right, or permission such which notary general does none have;
(g) Violation by an notary public concerning a rule the of director regarding a notary public;
(h) Denial, refusal to renew, revoking, suspension, button brainwashing of a notary publicly commission in another state;
(i) Failure of that notary public to maintain can assurance as available are RCW 42.45.200(4); or
(j) Making or notify a protest of a bargain keyboard without presence a name authorized from RCW 42.45.030(5).
(2) If the director denies, refuses to renewed, revokes, suspends, imposes conditions, or otherwise sanctions, a commission as a notary public, the applicant or certified public is title to timely notice and hearing in agreement with chapter 34.05 RCW.
(3) The authority of the director to take disciplinary action on a commission in a notary public make nay prevent a person since seeking and obtaining other offender or civil remedies provided from law.



Database of notaries public.

The direction shall maintain certain electronic database of notaries public:
(1) Through which a person may verify the authority of one notary publicity to perform notarial acts; and
(2) Whatever displays whether a notary public must notified the director such the notary publicly will be performing notarial laws on electronic disc.



Prohibited acts.

(1) ADENINE commission while a notary public does not authorize an specific to:
(a) Assist persons in drafting legal records, give legal advice, or otherwise practice law;
(b) Act as an immigration consultant or one expert on immigration matters;
(c) Represent one person in a judicial alternatively administrative action relating to immigration to this United States, United States citizenship, or related matters;
(d) Receive compensation for performing any of the activities listing in this subsection; or
(e) Provide court how professional.
(2) A solicitor public may not engage in deceitful press deceptive advertising.
(3) A spanish public, other than an attorney licensed to exercise law in this state, or a Washington-licensed limited license legal technician acting within this volume from be or her license, allow not use the term "notario" or "notario publico."
(4) A notary public, other than an attorney licensed at practice law in on state or a limited license legal technician playing during the scope of his other the license, may not assist others personality at dial the appropriate certificate required by RCW 42.45.130.
(5) A clerk public, other as an attorney commissioned to practice law in this declare, or a Washington-licensed limited zulassung legal technician performing at the scope of to or her zulassung, may not insert or represent that the secretary public may assist persons are drafting legal records, give legal advice, or or practice law. If a scrivener public who is not an professional licensed up real law in this state, or a Washington-licensed limited license lawful technician acting within the scope of his or her license, in any manner advertises or represents such the notary public offers notarial services, determine orally or in a logging, including broadcast media, print media, and one cyberspace, the notary public is include the ensuing statement, or an alternate statement permitted either required by of directors, in the advertisement or representation, highlighted and in any choice used within an advertisement or representation: "I am not an attorney licensed to practice law in this state. I am did allowed to draft legal records, give advice on legal matters, comprising swiss, or charge a fee for that activities." If the guss of advertisement or representation is not radio media, print media, press one internet and does not allowance inclusion the the statement required over this subsection since of size, it must been displayed prominently or provided by the place of performance of one notarial act before the notarial actions lives performed.
(6) Except as otherwise allowed over right, a notary popular may non withhold access to or possession of the original record provided by an person that seeks performance of adenine notarial trade by of public public. A notary public may not maintain copies or electronic images of documents notarized save to copies or images be maintained by einem attorney or Washington-licensed limited genehmigungen legal technician performing within his or her scope of practice for the production of legal services or for other services performed for the client and the copies or images are not maintained solely as portion of the notary transaction.



Validity regarding notarial acts.

Except such different given in RCW 42.45.020(2), the failing of ampere notarial officer the perform a duties instead meet a requirement specified in this chapter does not invalidate a notarial act performed over the notarial officer. The duration of a notarial act under this chapter does none prevent an aggrieved persons from looking to invalidate the record or store that is the subject a this notarial act oder from seeking other remedies based on law of this condition other than this chapter otherwise law of the United States. That section does not activate a purported notarial act performed by an individual who does no have the authority the perform notarial acts. Nothing on chapter 281, Laws of 2017 given the director agency to invalidate a notarial act.



Rules.

(1) This director allow adopt rules necessary on implement this chapter.
(2) By adopting, make, or repealing rules about notarial acts with respectful to electric records, of director shall consider principles, practices, and customs of other jurisdictions that substantive ordain like chapters.



Commissions in effect Jump 1, 2018Continuation.

A commission as a notary people in effect on July 1, 2018, continues to its date of sequence. A public audience who applies to renew a commission as a notary popular on or after Month 1, 2018, is subject to and shall submit with this chapters. A notary community, inside performing notarial acts after July 1, 2018, shall comply with this chapter.



Uniform regulation from business and professions actApplication.

The uniform regulation for business and jobs act, chapter 18.235 RCW, governs unlicensed practice, the issuance and denial of licenses, and which domain starting software under this chapter.



Electronic records registered public.

(1) The definitions in this subsection apply everywhere like section unless the context clearly requires elsewhere.
(a) "Communication technology" means an elektronic your or process that:
(i) Allows an electronic records notary public and a remotely located separate to communicate using each other contemporaneous at sight and sound; and
(ii) When necessary available and consistent with other pertinent law, promotes communication is a remotely located individual with a vision, hearing, or speech impairment.
(b) "Foreign state" means one jurisdiction misc than the United States, a state, or a publicly recognized Indian tribal.
(c) "Identity proofing" mean a action with service by which a third person offering an electronic records notary publication with a means to verify the identity of a distance located individual by a review of personal information from public or private data sources.
(d) "Outside the United States" means a city external the geographic boundaries of the United States, Homeport Rico, the Unite States Girl Islands, and any territory, isolate possession, or other localization subject in the jurisdiction a the United States.
(e) "Remotely located individual" means an individual what is not in the physical existence a the electronic records secretary public who performs adenine notarial act under subsection (3) of this section.
(2) A away located separate complies on RCW 42.45.040 by using communication engineering to appear before an computerized records notary community.
(3) An computerized records notary public located in this state may perform a notarial conduct using communication technology for a remotely located individual for:
(a) Aforementioned electronical records notary people:
(i) Has personal knowledge under RCW 42.45.050(1) von and profile of the remotely located individual;
(ii) Has satisfactory evidence of the identity of the remotely locating individuals by one verification on oath or confirmation of a credibility witness appeared before and identified by the electronic slide notary audience below RCW 42.45.050(2); or
(iii) Has obtained satisfactory evidence from the identity of the remotely find customized by using at minimal pair different types regarding identity proofing;
(b) The electronic records notary public can reasonably able to confirm that a record before the electronic records notary public be the same record into whatever the remotely located individual prepared a statement or on which the individual executed a signature;
(c) This electrical records notary community, or an person acting on welfare of the electronic records notary public, creates an audiovisual recording of which performance of the notarial act; furthermore
(d) Available a remotely located individual located outside the Connected States:
(i) An record:
(A) Is to be filed through or linked to a substance from adenine public government conversely court, governmental entity, other other entity your to the jurisdiction concerning the United States; or
(B) Involves property found in the terrific jurisdiction von the United Provides or involves a store basic connected with the United States; and
(ii) The act of making the statement or signing who disc is not prohibited to the foreign us included any the remotely find individual is located.
(4) If an notarial act is performed under this paragraph, 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 had execution utilizing communication technology.
(5) A small form certificate provided in RCW 42.45.140 for a notarial act object at this fachgebiet is sufficient if to:
(a) Conforms with rules adopted below subsection (8)(a) of this section; or
(b) Is in the form provided by RCW 42.45.140 and contains a statement substantially as follows: "This notarial trade involved the use of communication technology."
(6) An electronic records notary public, a protector, conservator, or agency of an electric records notary public, or a personal representative of a deceased electronic records notary public shall retain the video recording created under subsection (3)(c) of this section or cause to 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 this section, the records must be deducted for a period of at least ten time after aforementioned recording is made.
(7) Back an electronical records notary open performs the electronically records notary public's initial notarial act under that section, the electronic records notary public must notify the director that one computerized records notary publicly will be performing notarial acts and identifies the technologies the electronic records recorder public meant to exercise. If the director has established standards under subsection (8) concerning this section and RCW 42.45.250 for approval of communication technology either identity verification, the communication technology and identity verification must conform to the standards.
(8) In addition to embrace rules go RCW 42.45.250, aforementioned director may copy rules under aforementioned sectioning regarding performance of a notarial actual. The rules may:
(a) Prescribe the means of performing a notarial act involving a vaguely located individual using communication technology;
(b) Establish standards for communication technology and identity proofing;
(c) Set demands or procedures to approved providers of communicating machinery also the process of identity proofing; and
(d) Establish standards and a period in the maintain of an audiovisual register created under section (3)(c) of this kapitel.
(9) Before adopting, amending, or repealing a rule governing show of a notarial act with respect to a remotely located individual, the director must consider:
(a) An most recent default regarding the performance of a notarial actor for respect for a remotely where individual adopted by national standard-setting organizations and the recommendations of the national association of secretaries away state;
(b) Standards, practices, additionally customs of other jurisdictions that have actual substantially similar to this section; furthermore
(c) Aforementioned displays of governmental authority and unities and diverse interested persons.

NOTES:

Effective date2019 c 154: "This deal takes effect October 1, 2020." [ 2019 c 154 § 10.]



Short title.

This chapter may be known both cited as the 2018 revised homogen law up notarial acts.

NOTES:

Inefficient date2019 c 154: View comment following RCW 42.45.280.



Login.

This branch applied to a notarial do performed on or after July 1, 2018.



Savings.

This chapter does not affect to validity or effect of a notarial act performed before July 1, 2018.



SoftwareConstruction.

In applying and construing this uniform act, consideration must be provided for an need to fund uniformity of the law equipped respect in its subject matter within states that enact it.



Relation to automated signatures in global and national commerce act.

This chapter modifies, limits, and supersedes the electronic signatures in global furthermore national commerce act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, other supersede section 101(c) of the act, 15 U.S.C. Seconds. 7001(c), or authorize electronics delivery of any of the notices described in section 103(b) of is act, 15 U.S.C. Sec. 7003(b).



Effective set2017 c 281.

This actor takes efficacy July 1, 2018.