Washington State Enacts Provisions Regarding Notarial Acts

• May 27, 2017
• Ryan Peters

Washington has recently enacted the Revised Uniform Law on Notarial Acts, which applies to a notarial act performed on or after July 1, 2018, when the bill becomes effective.

The bill specifies that a notarial officer has the authority to perform a notarial act, subject to certain requirements.

The bill requires that a notarial officer shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual has the identity claimed or that the signature being verified is the signature of the individual.

An individual must personally appear before the notarial officer if a notarial act relates to a statement made in or a signature executed on a record.

Additionally, the bill allows the notarial officer to refuse to perform a notarial act if the officer is not satisfied that the individual executing the record is competent, or the individual’s signature is knowingly and voluntarily made.

An applicant for a commission must:

1. be at least 18 years of age
2. Be a citizen or permanent legal resident of the United States;
3. Be a resident of or have a place of employment or practice in this state;
4. Be able to read and write English; and
5. Not be disqualified to receive a commission under section 23 of this act.

The official seal or stamp of a notary public must include:

1. The words “notary public;”
2. The words “state of Washington;”
3. The notary public’s name as commissioned;
4. The notary public’s commission expiration date; and
5. Any other information required by the director.

The bill also requires the director to 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.

For the full text of Substitute Senate Bill 5081, please refer to:

http://lawfilesext.leg.wa.gov/biennium/2017-18/Pdf/Bills/Session%20Laws/Senate/5081-S.SL.pdf#page=1

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