Washington Amends Electronic Notary Provisions
The state of Washington has modified provisions under its Revised Uniform Law on Notarial Acts. These provisions are effective as of October 1, 2020.
Definitions
Several definitions have been added to the Revised Uniform Law on Notarial Acts to explain significant terms relating to electronic notarizations. Some notable terms defined in this section include “communication technology,” “identity proofing,” and “remotely located individual.”
Performance of Notarial Acts
In order for a notary public to perform a notarial act using communication technology for a remotely located individual, the notary public must first ascertain the identity of the remotely located individual. Identity can be determined through any of the following means: 1) personal knowledge; 2) verification on oath or affirmation of a credible witness appearing before the notary; or 3) verification of at least two different types of identity proofing.
The notary must also reasonably confirm that the record before him or her is the same record in which the remotely located individual made a statement or executed a signature.
Lastly, the notary public must make an audio-visual recording of the performance of the notarial act. This recording must be retained by the notary or an agent of the notary for at least ten years. The certificate of notarial act must also indicate that the notarial act was performed using communication technology.
For the full text of Senate Bill 5641, please refer to http://lawfilesext.leg.wa.gov/biennium/2019-20/Pdf/Bills/Senate%20Passed%20Legislature/5641.PL.pdf.
Elizabeth Dailey, JD, is a Regulatory Compliance Director with CLA. She is a graduate of the University of New Hampshire and earned her juris doctor at New England Law. She is admitted to the Massachusetts Bar.
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