Washington · statute · Wash. Rev. Code ch. 42.45 · 34 active provisions
In this chapter:(1) "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…
(1) A notarial officer may perform a notarial act authorized by this chapter or by law of this state other than this 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 partner is a party, or in which any of the above have a…
(1) 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 signatur…
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.
(1) 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.(2) A notarial officer has satisfactory evidence of th…
(1) 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.(2) A notarial officer has the authority to…
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…
(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…
(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…
(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 cl…
(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 a…
(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 multin…
(1) A notarial act must be evidenced by a certificate. 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 following short form certificates of notarial acts are sufficient for the purposes indicated, if completed with the information required by RCW 42.45.130 (1) through (4) and 42.45.280:(1) For an acknowledgment in an individual capacity:State of .......County of .......This record was acknowledged before me on (date…
(1) It is unlawful for any person intentionally to manufacture, give, sell, procure, or possess a seal or stamp evidencing the current appointment of a person as a notary public until the director has issued a notary commission. The official seal or stamp of a notary public must include:(a) The words "notary public";(b…
(1) 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. 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…
(1) The director may establish by rule the maximum fees that may be charged by notaries public for various notarial services.(2) A notary public need not charge fees for notarial acts.
(1) A notary public shall maintain a journal in which the notary public chronicles all notarial acts that the notary public performs. 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 direc…
(1) A notary public may not perform notarial acts with respect to electronic records unless the notary public holds a commission as an electronic records notary public.(2) An electronic records notary public may select one or more tamper-evident technologies to perform notarial acts with respect to electronic records t…
(1) An individual qualified under subsection (2) of this section may apply to the director for a commission as a notary public. The applicant shall comply with and provide the information required by rules established by the director and pay any application fee.(2) An applicant for a commission as a notary public must:…
(1) In addition to conduct defined as unprofessional under RCW 18.235.130, the director may take action as provided for in RCW 18.235.110 against a commission as notary public for any act or omission that demonstrates the individual lacks the honesty, integrity, competence, or reliability to act as a notary public, inc…
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.
(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 immigr…
Except as otherwise provided in RCW 42.45.020(2), the failure of a notarial officer to perform a duty or meet a requirement specified in this chapter does not invalidate a notarial act performed by the notarial officer. The validity of a notarial act under this chapter does not prevent an aggrieved person from seeking…
(1) The director may adopt rules necessary to implement this chapter.(2) 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.