Washington State Adopts Provisions Regarding Notaries
The Washington Department of Licensing (the “Department”) adopted provisions relating to notaries that include replacing all existing sections as well as adding new sections to Chapter 308-30 of the Washington Administrative Code in order to implement the provisions of the Revised Uniform Law on Notarial Acts. These provisions are effective on July 1, 2018.
Application process for notary public commission
Under the amendment a notary public appointment will now be called a “notary public commission” and, in order to apply for a notary public commission, an applicant must submit an application on forms provided by the Department.
The application must include evidence of a ten thousand dollar surety bond signed by the notary public, payment of the prescribed fee; and a signed and notarized oath of office.
The applicant must provide both his or her legal name and his or her commission name as part of a notary public commission. The applicant’s commission name must contain his or her surname, and initials of the applicant’s first and middle name.
An applicant applying for an electronic records notary public endorsement must submit an electronic records notary public application on forms provided by the Department and pay the prescribed fee.
The amendment also provides that “an applicant may only apply for an electronic records notary public endorsement if they currently hold an active notary public commission; or they are applying for a notary public commission and an electronic records notary public endorsement simultaneously.”
The Department must be notified within thirty days of application of the tamper-evident technology provider that an individual applying for an electronic records notary public endorsement has enrolled with before they perform his or her first electronic notarial act.
The amendment lays down the requirements for technologies and technology providers and defines “Tamper-evident technology” as “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” and a “Technology provider” as “an individual or entity that offers the services of a tamper-evident technology for electronic notarial acts.”
A notary public must reapply with the Department for each commission term before performing notarial acts. He or she may elect not to apply for an electronic records notary public endorsement. The notary public must report any changes to information submitted on a notary public’s commission or endorsement applications to the Department in writing within fifteen days.
Approval or denial of application
The Department must approve the application and issue the commission or endorsement upon the applicant’s fulfillment of the requirements for a notary public commission or an electronic records notary public endorsement.
If the application is incomplete or invalid, it shall be held by the Department for thirty calendar days to allow the applicant to cure any defects. When the thirty day period, elapses the application shall be canceled and any application fees forfeited.
An applicant or notary public may not perform any notarial acts or any electronic notarial acts before receiving a notary public commission or an electronic records notary public endorsement from the Department.
Term of a commission
The amendment provides that “a notary public commission shall expire on the expiration date of the notary public’s surety bond, no more than four years after his or her commission date. 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.”
Application fees
The amendment lays down the following fees which should be charged by the Department:
- Application for notary public commission – $30.00
- Application for electronic records notary public endorsement -$15.00
- Renewal of notary public commission -$30.00
- Renewal of electronic records notary public endorsement – $15.00
- Duplicate certificate of commission (including name change) -$15.00
Acquiring official seal or stamp
The amendment lays down the requirements for the size and form of the official seal and stamp and provides that an official seal or stamp shall only be procured by a notary public after receiving a certificate evidencing the notary public’s commission from the Department and after a copy of the certificate is provided to the notary public’s chosen seal or stamp vendor.
The amendment further provides that “a notary public with a commission in effect on July 1, 2018, may continue to use his or her 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.”
“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.”
Replacement of lost or stolen official seal or stamp
The Department must be notified by the notary public in writing within ten business days of discovering the seal or stamp was lost or stolen. A replacement official seal or stamp may not be obtained until the notary public notifies the Department that the original was lost or stolen.
Furthermore, the amendment provides that “a replacement official seal or stamp must contain some variance from the original seal or stamp. If the lost or stolen official seal or stamp is found or recovered after a replacement has been obtained, the original seal or stamp shall be destroyed.”
Notary signature.
The exact name that appears on the notary’s certificate of commission and his or her seal or stamp must be used by a notary public signing a notarial certificate of a completed notarial act.
Requirements for notarial acts
“The notary public must be physically within the geographic boarders of the state of Washington when performing a notarial act. 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.”
Authorized electronic notarial acts.
A notary public who has received an electronic records notary public endorsement from the Department may take an acknowledgment; a verification on oath; witness or attest a signature; certify or attest a copy; certify that an event has occurred or that an act has been performed. The notary public may also note a protest of a negotiable instrument only if the notary public is a licensed to practice law in the State of Washington or acting under the authority of an attorney who is licensed to practice law in State of Washington or another state; or if acting under the authority of a financial institution regulated by State of Washington, another state, or the federal government.
Completion of electronic notarial certificate
A notary public must complete an electronic notarial certificate for every electronic notarial act. The electronic notarial certificate must be completed at the time of notarization and in the physical presence of the principal.
Certification of electronic notarial acts
Each electronic notarial certificate shall be signed with an electronic signature and authenticated with an official stamp by a notary public. A “Principal” is defined as “an individual whose electronic signature is notarized; or an individual, other than a witness required for an electronic notarial act, taking an oath or affirmation from the notary public.”
Electronic notarial signature
A tamper-evident technology must be used by the notary public to produce the notary’s electronic signature in a manner that is capable of independent verification. Reasonable steps must be taken by the notary public to ensure that no other individual may possess or access a tamper-evident technology used to produce the notary’s electronic signature. The tamper-evident technology whose exclusive purpose is to perform electronic notarial acts must be kept in in the sole control of the notary.
Electronic Notarial stamp
An electronic stamp may be used to authenticate an electronic notarial. 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.
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 and only the notary public to whom the tamper-evident technology is registered shall generate an official stamp.
Journal of notarial acts
The amendment requires the notary public to keep a journal describing each notarial act performed. The amendment under a new section also provides for the format of the journals of the notarial acts and the disposition of the journal
Fees for Notarial acts
The amendment lays down the following fees which should be charged for notarial acts:
- Witnessing or attesting a signature – $10.00
- Taking an acknowledgment or a 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
The amendment further provides that a notary public need not charge for notarial acts, may charge fees for receiving or noting a protest of a negotiable instrument, may additionally charge the actual costs of copying any instrument or record, and may charge a travel fee when traveling to perform a notarial act.
Testimonials.
The amendment provides that “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.”
Forms
The amendment also stipulates that “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. A non-attorney notary may not assist another person in drafting, completing, selecting, or understanding a document or transaction requiring a notarial act.”
Change of name or address.
“A notary public must notify the Department of his or her name change or address. The 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. A notary that submits a name change notification shall continue to use his or her original notary stamp or seal and his or her original name and signature until they receive a new commission certificate and seal or stamp with the new information.”
Termination or suspension of commission or endorsement.
The amendment provides for termination or suspension of commission or endorsement by the Department. “A notary public may also terminate his or her notary public commission and/or electronic records endorsement by notifying the Department of this intent and disposing of all or any part of a tamper-evident technology in the notary’s control whose purpose was to perform electronic notarizations. A notary public whose commission is terminated or expired, either by the notary or the Department, shall disable his or her official stamp by destroying, defacing, damaging, or securing the device against use.”
Rhona Kyeyune, LLM, is a regulatory compliance consultant with CLA. She is a graduate of Makerere University and earned her master of laws at Boston University School of Law.
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