Official Stamp Requirement
A Washington Notary must affix an official stamp on every tangible notarial certificate (RCW 42.45.130[2][a]).

“The seal or stamp used at the time that a notarial act is performed must be the seal or stamp evidencing the notary public’s commission in effect as of such time, even if the notary public has received the seal or stamp evidencing his or her next commission” (RCW 42-45-150[4]).

“‘Official stamp’ means a physical image affixed to a tangible record or an electronic image attached to or logically associated with an electronic record” (RCW 42.45.010[11]).

“‘Stamping device’ means:
“(a) A physical device capable of affixing to or embossing on a tangible record an official stamp; or
“(b) An electronic device or process capable of attaching to or logically associating with an electronic record an official stamp” (RCW 42.45.010[16]).

Tangible Records: “If a notarial act regarding a tangible record is performed by a notary public, an official stamp must be affixed to or embossed on the certificate” (RCW 42.45.130[2][a]).

Stamp Format
Inked Rubber Stamp or Embosser: “‘Stamping device’ means…[a] physical device capable of affixing to or embossing on a tangible record an official stamp” (RCW 42.45.010[16]).

Photcopiable: “The seal or stamp must be capable of being copied together with the record to which it is affixed or with which it is logically associated” (RCW 42.45.150[3]).

Permanent: “The face of the seal or stamp shall be permanently affixed” (WAC 308-30-070[3][b]).

“If the stamp is affixed to a tangible record, it shall be applied in permanent ink and shall be capable of being photocopied” (WAC 308-30-070[3][c]).

Shape and Size: “The seal or stamp shall be minimum one and five-eighths diameter if circular, or one inch wide by one and five-eighths inches long if rectangular…” (WAC 308-30-070[3][a]).

Type Size: The Washington Administrative Code states that all type on the official stamp to be in a minimum of 8-point type (WAC 308-30-070[2]).

Embosser on Recordable Documents: When used on a recordable document an embossing seal must meet the following criteria (RCW 65.04.045[2]):

All text on the document, including the seal impression, must be in 8-point type or larger;

The seal impression must be “legible and capable of being imaged.” In general, this means that an embossing seal would have to be inked prior to use or its impression would have to be “smudged” after being affixed.

Components: “The official seal or stamp of a notary public must include:
“(a) The words ‘notary public’;
“(b) The words ‘state of Washington’;
“(c) The notary public’s name as commissioned;
“(d) The notary public’s commission expiration date; and
“(e) Any other information required by the director” (RCW 42.45.150[1]).

The Washington Administrative code also requires the official stamp to include the Notary Public’s commission number (WAC 308-30-070[1][e]).

State Seal: Reproduction of the Washington state seal within the Notary stamp or seal is prohibited (WAC 308-30-070[4]).

Examples
The below typical, actual-size examples of official Notary stamping devices and electronic Notary seals which are allowed by Washington law. Formats other than these may also be permitted.

Grandfather Provision
“A notary public with a commission in effect on July 1, 2018, may continue to use their 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” (WAC 308-30-080[2]).

Obtaining a Seal
“A notary public shall procure an official seal or stamp only after receiving a certificate evidencing the notary public’s commission from the department, and shall provide this certificate to their chosen seal or stamp vendor as part of procuring the stamp” (WAC 308-30-080[1]).

Security of Stamping Device
“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” (RCW 42.45.160[1]).

“The seal or stamp should be kept in a locked and secured area, under the direct and exclusive control of the notary public” (RCW 42.45.160[2]).

“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” (WAC 308-30-080[3]).

Lost or Stolen Stamp
“If a notary public’s stamping device is lost or stolen, the notary public or the notary public’s personal representative or guardian shall notify promptly the department on discovering that the device is lost or stolen. Any replacement device must contain a variance from the lost or stolen seal or stamp” (RCW 42.45.160[2]).

“The notary public may not obtain a replacement official seal or stamp until they have properly notified the department that the original was lost or stolen” (WAC 308-30-090[2]).

“A replacement official seal or stamp must contain some variance from the original seal or stamp” (WAC 308-30-090[3]).

“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” (WAC 308-30-090[4]).

Disposition of Stamping Device
“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 device, the notary public shall disable the stamping device by destroying, defacing, damaging, erasing, or securing it against use in a manner that renders it unusable. On the death or adjudication of incompetency of a notary public, the notary public’s personal representative or guardian or any other person knowingly in possession of the stamping device shall render it unusable by destroying, defacing, damaging, erasing, or securing it against use in a manner that renders it unusable” (RCW 42.45.160[1]).

Notary Signature
“A notarial officer shall not affix the officer’s signature to, or logically associate it with, a certificate until the notarial act has been performed” (RCW 42.45.130[6]).

“In addition to the requirements listed in RCW 42.45.130, a notary public signing the notarial certificate of a completed notarial act shall sign the notarial certificate using the exact name that appears on the notary’s certificate of commission and their seal or stamp” (WAC 308-30-100).

Recording Requirements
Recording laws allow “a minor portion of a notary seal, incidental writing, or minor portion of a signature” to extend into the mandatory one-inch margin at the top, bottom and sides of all pages of a recorded document (three-inch mandatory margin at the top of the first page) (RCW 65.04.045[1][a] and [2]).

Personal Appearance
Requirement: “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” (RCW 42.45.040).

“‘Appear personally’ means:
”(a) Being in the same physical location as another individual and close enough to see, hear, communicate with, and exchange tangible identification credentials with that individual; or
”(b) For remote notarial acts, being in a different physical location from another individual but able to see, hear, and communicate with that individual by means of communication technology” (WAC 308-30-020).

“All signers must be in your physical presence during notarization. This is called ‘personal appearance.’ You can’t notarize the signature of someone who contacts you only by mail, phone, or email” (website, “How to perform notary acts”).

“The physical presence rule applies to any signing party, even if they are personally known to the notary. This is also true for electronic notarizations of documents: the signing party or parties must be in the physical presence of the notary even though the documents will be on a computer or online” (NPG).

Identification
Requirement: In taking an acknowledgment and verification on oath or affirmation, and witnessing or attesting a signature, a notarial officer, including a Notary Public, must determine, from personal knowledge or satisfactory evidence, that the individual appearing before the Notary has the identity claimed (RCW 42.45.030[1], [2] and [3]).

Personal Knowledge: “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” (RCW 42.45.050[1]).

“Personal knowledge is generally considered the simplest method of identifying an individual. If you
personally know the signer, you do not need any additional identifying information. It may be difficult to identify the level of personal knowledge needed to validate an individual’s identity…. Generally, you can rely on personal knowledge when you have known the individual a long enough time that you would be willing to swear in court as to who the signer is” (NPG).

Satisfactory Evidence: “A notarial officer has satisfactory evidence of the identity of an individual appearing before the officer if the officer can identify the individual:
“(a) By means of:
“(i) A passport, driver’s license, or government-issued nondriver identification card, which is current or expired not more than three years before performance of the notarial act; or
“(ii) Another form of government identification issued to an individual, which is current or expired not more than three years before performance of the notarial act, contains the signature or a photograph of the individual, and is satisfactory to the officer; or
“(b) By a verification on oath or affirmation of a credible witness personally appearing before the officer and personally known to the officer and who provides satisfactory evidence of his or her identity as described in (a) of this subsection” (RCW 42.45.050[2]).

Additional Information or Credentials: “A notarial officer may require an individual to provide additional information or identification credentials necessary to assure the officer of the identity of the individual” (RCW 42.45.050[3]).

Refusal of Services
Specific Grounds: “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” (RCW 42.45.060[1]).

“Another important function of the notary public is to identify that the person signing is doing so of their own free will. Being able to see and interact with the signer gives you the opportunity to confirm that the signing party intends to sign the documents in question, is competent to sign them, and is doing so voluntarily. Examples of situations where the signing party may not be competent, knowing, or signing
voluntarily include where the signing party:
”• Is signing under duress
”• Does not read and write the language of the documents being signed
”• Is intoxicated or under the influence of drugs
”• Is mentally infirm
”• Is underage

“If you have doubts about the competency, knowledge, and voluntariness of a signer, you may
ask questions and talk with the signer to get a better sense of their mental state. If you are not satisfied
that the signer is competent, knowing, or signing voluntarily, you may refuse to perform the
notarization” (NPG).

Minors: Effective July 25, 2021, a new statute authorizes a mental health advance directive to be acknowledged before a Notary as one of two witnessing options. The notarization provision is noteworthy for Washington Notaries because the new law states that “[a] person who is at least 13 years of age but under the age of majority is considered to have capacity for the purpose of executing a mental health advance directive if the person is able to demonstrate that they are capable of making informed decisions related to behavioral health care” (RCW 71.32.040). Thus, a Notary who notarizes directive for a minor age 13 or older must make a determination that the minor is capable of making informed decisions related to their care. If a Notary is not satisfied that the minor demonstrates this capacity, the Notary may refuse the notarization.

General Grounds: “A notarial officer has the authority to refuse to perform a notarial act unless refusal is prohibited by law other than this chapter” (RCW 42.45.060[2]).

Signature by Proxy
“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 of (name of individual)’ or words of similar import” (RCW 42.45.070).

“Any person who is otherwise competent but is physically unable to sign his or her name or make a mark may make an acknowledgment authorized under this chapter by orally directing the notary public or other authorized officer taking the acknowledgment to sign the person’s name on his or her behalf. In taking an acknowledgment under this section, the notary public or other authorized officer shall, in addition to stating his or her name and place of residence, state that the signature in the acknowledgment was obtained under the authority of this section” (RCW 64.08.100).

Disqualifying Interest
Personal, Spouse or Partner: “(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 direct beneficial interest.
“(b) A notarial officer may not notarize the notarial officer’s own signature.
“(c) A notarial act performed in violation of this subsection (2) is voidable” (RCW 42.45.020[2]).

“While not expressly prohibited by chapter 42.45 RCW, it is also generally inadvisable for a notary to notarize a document for extended family members. A notary that performs a notarial act for a family member may be seen as having a conflict of interest in the transaction, which could call the notarial act into question” (NPG).

Unauthorized Practice of Law
“(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 immigration to the United States, United States citizenship, or related matters;
“(d) Receive compensation for performing any of the activities listed in this subsection” (RCW 42.45.230[1]).

“A notary public, other than an attorney licensed to practice law in this state or a limited license legal technician acting within the scope of his or her license, may not assist another person in selecting the appropriate certificate required by RCW 42.45.130” (RCW 42.45.230[4]).

“A nonattorney notary may not assist another person in drafting, completing, selecting, or understanding a document or transaction requiring a notarial act. This does not preclude a notary who is duly qualified in a particular profession from giving advice relating to matters in that professional field” (WAC 308-30-240[2]).

Advice Regarding Notarial Certificates: “It is important that a notary public who is not a licensed attorney should avoid making recommendations about adding certificates or changing substantive language in a notarial certificate because this may constitute legal advice” (NPG).

Immigration Practices
General Prohibition: “Persons, other than those licensed to practice law in this state or otherwise permitted to practice law or represent others under federal law in an immigration matter, are prohibited from engaging in the practice of law in an immigration matter for compensation” (RCW 19.154.060[1]).

Specific Prohibitions: “Persons, other than those licensed to practice law in this state or otherwise permitted to practice law or represent others under federal law in an immigration matter, are prohibited from engaging in the following acts or practices, for compensation:
“(a) Advising or assisting another person in determining the person’s legal or illegal status for the purpose of an immigration matter;
“(b) Selecting or assisting another in selecting, or advising another as to his or her answers on, a government agency form or document in an immigration matter;
“(c) Selecting or assisting another in selecting, or advising another in selecting, a benefit, visa, or program to apply for in an immigration matter;
“(d) Soliciting to prepare documents for, or otherwise representing the interests of, another in a judicial or administrative proceeding in an immigration matter;
“(e) Explaining, advising, or otherwise interpreting the meaning or intent of a question on a government agency form in an immigration matter;
“(f) Charging a fee for referring another to a person licensed to practice law;
“(g) Selecting, drafting, or completing legal documents affecting the legal rights of another in an immigration matter” (RCW 19.154.060[2]).

Immigration: “Persons, other than those holding an active license to practice law issued by the Washington state bar association or otherwise permitted to practice law or represent others under federal law in an immigration matter, are prohibited from engaging in the following acts or practices, regardless of whether compensation is sought:
“(a) Representing, either orally or in any document, letterhead, advertisement, stationery, business card, web site, or other comparable written material, that he or she is a notario publico, notario, immigration assistant, immigration consultant, immigration specialist, or using any other designation or title, in any language, that conveys or implies that he or she possesses professional legal skills in the area of immigration law;
“(b) Representing, in any language, either orally or in any document, letterhead, advertisement, stationery, business card, web site, or other comparable written material, that he or she can or is willing to provide services in an immigration matter, if such services would constitute the practice of law….” (RCW 19.154.060[3]).

“In addition to complying with the prohibitions of subsections (1) through (3) of this section, persons licensed as a notary public under chapter 42.45 RCW who do not hold an active license to practice law issued by the Washington state bar association shall not use the term notario publico, notario, immigration assistant, immigration consultant, immigration specialist, or any other designation or title, in any language, that conveys or implies that he or she possesses professional legal skills in the areas of immigration law, when advertising notary public services in the conduct of their business. A violation of any provision of this chapter by a person licensed as a notary public under chapter 42.45 RCW shall constitute unprofessional conduct under the uniform regulation of business and professions act, chapter 18.235 RCW” (RCW 19.154.060[5]).

Exceptions: “(a) The prohibitions of subsections (1) through (3) of [RCW 19.154.060] shall not apply to the activities of nonlawyer assistants acting under the supervision of a person holding an active license to practice law issued by the Washington state bar association or otherwise permitted to practice law or represent others under federal law in an immigration matter.
”(b) This section does not prohibit a person from offering translation services, regardless of whether compensation is sought. Translating words contained on a government form from English to another language and translating a person’s words from another language to English does not constitute the unauthorized practice of law” (RCW 19.154.060[4]).

Court Reporting Services
“A commission as a notary public does not authorize an individual to…[p]rovide court reporting services” (RCW 42.45.230[1][e]).

False or Deceptive Advertising
General Prohibition: “A notary public may not engage in false or deceptive advertising” (RCW 42.45.230[2]).

Notario Publico: “A notary public, other than an attorney licensed to practice law in this state, or a Washington-licensed limited license legal technician acting within the scope of his or her license, may not use the term ‘notario’ or ‘notario publico’” (RCW 42.45.230[3]).

Prohibited Representation: “A notary public, other than an attorney licensed to practice law in this state, or a Washington-licensed limited license legal technician acting within the scope of his or her license, may not advertise or represent that the notary public may assist persons in drafting legal records, give legal advice, or otherwise practice law” (RCW 42.45.230[5]).

Disclaimer: “If a notary public who is not an attorney licensed to practice law in this state, or a Washington-licensed limited license legal technician acting within the scope of his or her license, in any manner advertises or represents that the notary public offers notarial services, whether orally or in a record, including broadcast media, print media, and the internet, the notary public shall include the following statement, or an alternate statement authorized or required by the director, in the advertisement or representation, prominently and in each language used in the advertisement or representation: “I am not an attorney licensed to practice law in this state. I am not allowed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities.” If the form of advertisement or representation is not broadcast media, print media, or the internet and does not permit inclusion of the statement required by this subsection because of size, it must be displayed prominently or provided at the place of performance of the notarial act before the notarial act is performed” (RCW 42.45.230[5]).

Foreign-Language Documents
There is nothing in state law that forbids a notary public from notarizing a document written in a
foreign language” (NPG).

“A notary is generally not responsible for confirming the contents of a document (outside of certifying a copy, but that has unique standards), however, they do need to make sure the correct notarial certificate is on the document. As of July 1, 2018, all notarial certificates must either be in English, or in dual-languages where one of the languages is English, so the notary should be able to identify the certificate on a document being notarized” (NPG).

Foreign-Language Signers
There is nothing in state law that forbids a notary public from notarizing … for a signing party that does not speak English” (NPG).

“A notary should also be aware of the inherent additional difficulty associated with confirming the identity of a signing party when they do not share a common language. Speaking different languages can make it difficult for a notary to properly identify the signing party and what is being asked of them. If the notary has access to a translator that they can rely on, it can help to alleviate this risk” (NPG).

Withholding Documents and Copies
“Except as otherwise allowed by law, a notary public may not withhold access to or possession of an original record provided by a person that seeks performance of a notarial act by the notary public. A notary public may not maintain copies or electronic images of documents notarized unless the copies or images are maintained by an attorney or Washington-licensed limited license legal technician acting within his or her scope of practice for the performance of legal services or for other services performed for the client and the copies or images are not maintained solely as part of the notary transaction” (RCW 42.45.230[6]).

Keeping Documents
“Should I keep copies of the documents that I notarize for my own records? — No. RCW 42.45.230(6) states that a notary public may not keep copies of documents that they notarize, unless they are a licensed attorney or other legal professionals as specified in the law. By keeping a notarial journal that meets the requirements of RCW 42.45.180 and WAC 308-30-200, a notary should have sufficient record of their notarial acts” (NPG).

Testimonials
“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” (WAC 308-30-230).

I-9, Certificate of Life Forms
“Can I notarize I-9 employment forms, certificate of life forms, or other specific forms? — The I-9 employment form asks for a signature from for the U.S. Citizenship and Immigration Services an individual as a business representative, not a notary. Because of this, an I-9 form does not need to be notarized. Certificate of life forms, which generally ask for signature by a public official to confirm that an individual is alive to receive pension benefits, generally may be notarized by a notary public. Washington State allows a notary public to certify that an event has occurred or an act has been performed and this has been interpreted to include verifying that an individual appeared before the notary on a specific date while alive. As always, please check with your specific clients and/or other appropriate authorities to confirm whether a specific form requires notarization” (NPG)

Authorized Acts
Washington Notaries are authorized to perform the following notarial acts (RCW 42.45.010[8]):

Take acknowledgments;

Administer oaths and affirmations;

Take a verification on oath or affirmation;

Witness or attest a signature;

Certify or attest a copy;

Certify the occurrence of an event or the performance of an act; and

Note a protest of a negotiable instrument (see “Protests” below for qualifications and limitations).

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Acknowledgments
Definition: “‘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 he or she signed the record with proper authority and signed it as the act of the individual or entity identified in the record” (RCW 42.45.010[1]).

“‘In a representative capacity’ means:
“(a) For and on behalf of a corporation, partnership, trust, or other entity, as an authorized officer, agent, partner, trustee, or other representative;
“(b) As a public officer, personal representative, guardian, or other representative, in the capacity recited in the instrument;
“(c) As an attorney in fact for a principal; or
“(d) In any other capacity as an authorized representative of another” (RCW 42.44.010[6]).

“Any person who is otherwise competent but is physically unable to sign his or her name or make a mark may make an acknowledgment authorized under this chapter by orally directing the notary public or other authorized officer taking the acknowledgment to sign the person’s name on his or her behalf” (RCW 64.08.100).

Standards: “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 signature of the individual” (RCW 42.45.030[1]).

“When you take an acknowledgement, the signer is telling you that he or she:
”• Is signing the document voluntarily.
”• Understands the purpose of the document.
”• Acknowledges the signature, if pre-signed. (This is the only notary act that may be pre-signed, but the signer must still appear before you in person.)” (website, “How to perform notary acts”).

Oaths and Affirmations
Oath-Administering Officials: “Every court, judge, clerk of a court, state-certified court reporter, or notary public, is authorized to take testimony in any action, suit or proceeding, and such other persons in particular cases as authorized by law. Every such court or officer is authorized to collect fees established under RCW 36.18.020 and 36.18.012 through 36.18.018 and to administer oaths and affirmations generally and to every such other person in such particular case as authorized” (RCW 5.28.010).

Affirmation in Lieu of Oath: “Whenever an oath is required, an affirmation, as prescribed in RCW 5.28.50 is to be deemed equivalent thereto, and a false affirmation is to be deemed perjury, equally with a false oath” (RCW 5.28.060).

Form of Oath: “An oath may be administered as follows: The person who swears holds up his or her hand, while the person administering the oath thus addresses him or her: ‘You do solemnly swear that the evidence you shall give in the issue (or matter) now pending between ____________ and ____________ shall be the truth, the whole truth, and nothing but the truth, so help you God.’ If the oath be administered to any other than a witness giving testimony, the form may be changed to: ‘You do solemnly swear you will true answers make to such questions as you may be asked,’ etc.” (RCW 5.28.020).

“Whenever the court or officer before which a person is offered as a witness is satisfied that he or she has a peculiar mode of swearing connected with or in addition to the usual form of administration, which, in witness’ opinion, is more solemn or obligatory, the court or officer may, in its discretion, adopt that mode” (RCW 5.28.030).

“When a person is sworn who believes in any other than the Christian religion, he or she may be sworn according to the peculiar ceremonies of his or her religion, if there be any such” (RCW 5.28.040).

Form of Affirmation: “Any person who has conscientious scruples against taking an oath, may make his or her solemn affirmation, by assenting, when addressed, in the following manner: ‘You do solemnly affirm that,” etc., as in RCW 5.28.020’ (RCW 5.28.050).

Verbal Act: “Because taking an oath or affirmation is primarily a verbal act, there is no certificate associated with it” (NPG).

Verifications on Oath or Affirmation
Definition: “‘Verification on oath or affirmation’ means a declaration, made by an individual on oath or affirmation before a notarial officer, that a statement in a record is true” (RCW 42.45.010[18]).

Standards: “A notarial officer who takes a verification of a statement on oath or affirmation shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the verification has the identity claimed and that the signature on the statement verified is the signature of the individual” (RCW 42.45.030[2]).

“This notarial duty, also known as a “jurat,” is a combination of witnessing a signature and administering an oath. There are three steps that a notary will perform as part of this act:
”• First, the signing party brings a written statement to the notary to be verified.
”• Second, the notary has the signing party raise their hand and either swear an oath or solemnly
affirm that the contents of the document are true.
”• Finally, after the oath, the signing party signs the document in front of the notary” (NPG).

Signature Witnessings
Standards: “A notarial officer who witnesses or attests to a signature shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and signing the record has the identity claimed” (RCW 42.45.030[3]).

“Witnessing or attesting a signing party’s signature can be done in one of two ways:
”• Witness the signature taking place, by having the signing party physically present to sign the
document.
”• If the document is already signed, then the signing party can have the signature attested
instead, where the signing party signs a second time in the notary’s presence” (NPG).

Copy Certifications
Definition: “A notary who certifies or attests a copy of a document is verifying that the document in question is an exact copy of another document” (NPG).

Standards: “A notarial officer who certifies or attests a copy of a record or an item that was copied shall compare the copy with the original record or item and determine that the copy is a full, true, and accurate transcription or reproduction of the record or item” (RCW 42.45.030[4]).

“When certifying a copy, it’s best to make the copy yourself from the original document” (website, “How to perform notary acts”).

“The simplest way to ensure that the copy meets this standard is for the notary to make the copy
themselves when possible” (NPG).

“You may attach the notary certificate on the document itself or on a separate piece of paper with a reference to the document” (website, “How to perform notary acts”).

Paper Printout of Electronic Record: “A notarial officer may certify that a tangible copy of an electronic record is an accurate copy of the electronic record: (RCW 42.45..020[3]).

“A person is guilty of false certification, if, being a notarial officer making a certification authorized by RCW 42.45.020(3), he or she knowingly certifies falsely that a tangible copy of an electronic record is an accurate copy of the electronic record” (RCW 9A.60.050[2]).

Event and Act Certifications
Standards: “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” (WAC 308-30-110[2]).

“The event or act must be described in a document. You must: Have witnessed the event or act described in the document or [t]ake the oath of a credible witness known to you. You must not produce or sign the document” (website, “How to perform notary acts”).

“When relying on the oath or affirmation of a witness, the act is very similar to performing a jurat, in that you will have the witness swear an oath or affirmation that the event occurred or the act was performed, then will have the signing party sign the document documenting that event or act. If the notary is relying on their own observations, they may skip this and simply notarize the document. Keep in mind that just like with a jurat, if a notary is relying on the oath or affirmation of a third party reliable witness, that reliable witness should be someone that the notary has a personal enough connection such that they would be willing and able to testify to that relationship in court” (NPG).

Protests
Definition: “A protest is a certificate of dishonor made by a United States consul or vice-consul, or a notary public or other person authorized to administer oaths by the law of the place where dishonor occurs. It may be made upon information satisfactory to that person. The protest must identify the instrument and certify either that presentment has been made or, if not made, the reason why it was not made, and that the instrument has been dishonored by nonacceptance or nonpayment. The protest may also certify that notice of dishonor has been given to some or all parties” (RCW 62A.3-505[b]).

Standards: “A notarial officer may make or note a protest of a negotiable instrument only if the notarial officer is licensed to practice law in this state, acting under the authority of an attorney who is licensed to practice law in this or another state, or acting under the authority of a financial institution regulated by this state, another state, or the federal government. In making or noting a protest of a negotiable instrument the notarial officer or licensed attorney shall determine the matters set forth in RCW 62A.3-505(b)” (RCW 42.45.030[5]; see also WAC 308-30-120[6]).

Notary Signing Agents
Qualifications and Oversight: Currently, there are no statutes, regulations or rules expressly governing, prohibiting or restricting the operation of Notary Signing Agents within the state of Washington.

Recording Requirements
“All pages of the document shall be on sheets of paper of a weight and color capable of producing a legible image that are not larger than fourteen inches long and eight and one-half inches wide with text printed or written in eight-point type or larger. All text within the document must be of sufficient color and clarity to ensure that when the text is imaged all text is readable. Further, all pages presented for recording must have at minimum a one-inch margin on the top, bottom, and sides for all pages except page one, except that an instrument may be recorded if a minor portion of a notary seal, incidental writing, or minor portion of a signature extends beyond the margins, be prepared in ink color capable of being imaged, and have all seals legible and capable of being imaged. No attachments, except firmly attached bar code or address labels, may be affixed to the pages” (RCW 65.04.045[2]).

Records Requirement
Journal: “A notary public shall maintain a journal in which the notary public chronicles all notarial acts that the notary public performs” (RCW 42.45.180[1]).

“A notary public shall record each notarial act in a journal at the time of notarization in compliance with RCW 42.45.180 and these rules” (WAC 308-30-190[1]).

“The fact that the notary public’s employer or contractor keeps a record of notarial acts shall not relieve the notary of the duties required by these rules” (WAC 308-30-190[3]).

One Tangible Journal: “A notary public shall maintain only one tangible journal at a time to chronicle notarial acts, whether those notarial acts are performed regarding tangible or electronic records” (RCW 42.45.180[3]).

Exception: “Notwithstanding any other provision of this chapter requiring a notary public to maintain a journal, a notary public who is an attorney licensed to practice law in this state is not required to chronicle a notarial act in a journal if documentation of the notarial act is otherwise maintained by professional practice” (RCW 42.45.180[2]).

Audio-Visual Recording: “An electronic records notary public located in this state may perform a notarial act using communication technology for a remotely located individual if … [t]he electronic records notary public, or a person acting on behalf of the electronic records notary public, creates an audio-visual recording of the performance of the notarial act” (RCW 42.45.280[3][c]).

“To perform remote notarial acts the notary must use technology which … [i]s capable of recording the notarization; and … [h]as reasonable security measures which ensure notarial acts are secure once recorded” (WAC 308-30-300[3] and [4]).

Journal Format
Paper Journal: “The journal must be a permanent, bound register with numbered pages. An electronic records notary public may also maintain an electronic format journal, which can be kept concurrently with the tangible journal. The electronic journal must be in a permanent, tamper-evident electronic format complying with the rules of the director” (RCW 42.45.180[3]).

“A tangible notarial journal shall:
“(a) Be a permanent, bound book with numbered pages; …” (WAC 308-30-200[1]).

Electronic Journal: “If a notary public keeps an electronic journal pursuant to RCW 42.45.180(3), the electronic journal shall:
“(a) Be maintained only in addition to the tangible journal;
“(b) Have the capacity to record the information required for a tangible notarial journal;
“(c) Enable access by a password or other secure means of authentication;
“(d) Be tamper-evident;
“(e) Create a duplicate record of the journal as a backup; and
“(f) Be capable of providing tangible or electronic copies of any entry made in the journal” (WAC 308-30-200[2]).

Contemporaneous Completion
“An entry in a journal must be made contemporaneously with performance of the notarial act” (RCW 42.45.180[4]).

Journal Entries
“An entry in a journal must … contain the following information:
“(a) The date and time of the notarial act;
“(b) A description of the record, if any, and type of notarial act;
“(c) The full name and address of each individual for whom the notarial act is performed; and
“(d) Any additional information as required by the director in rule” (RCW 42.45.180[4]).

“A tangible notarial journal shall: …
“(b) Have the capacity to record for each notarial act:
“(i) The information required by RCW 42.45.180(4);
“(ii) A description of the notary public’s method of identifying the principal; and
“(iii) The principal’s signature, or the signature of an authorized party in compliance with RCW 42.45.070, or a notation in the notary journal that the notarial act was performed via remote notarization” (WAC 308-30-200[1][b]).

Signature Not Required for Remote Notarizations: “Notaries performing remote notarization are not required to collect and maintain the signatures of the signers when those notarizations were performed remotely. Notaries must note in their tangible notary log that a notarization was performed remotely” (WAC 308-30-200[4]).

Additional Information: “Beyond these, you should include whatever information you believe will be helpful in recording the notarial act, such as more details about the method of identification or the signing party’s fingerprint” (NPG)

Journal Shortcuts
“If a notary public performs notarial acts involving different statements or documents for the same individual on the same date, the notary public may record a single entry in the journal for all of the statements or documents. The entry shall include the number of statements or documents notarized and shall otherwise conform to RCW 42.45.180 and these rules” (WAC 308-30-190[2]).

Property of Notary
“A notary public’s journal is the exclusive property of the notary public.…” (WAC 308-30-200[3]).

Security of Journal, Recording
“The journal shall be kept in a locked and secured area, under the direct and exclusive control of the notary public. Failure to secure the journal may be cause for the director to take administrative action against the commission held by the notary public” (RCW 42.45.180[5]).

Lost or Stolen Journal
“If a notary public’s journal is lost or stolen, the notary public promptly shall notify the department on discovering that the journal is lost or stolen” (RCW 42.45.180[5]).

Retention of Journal
Requirement: “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 director in rule upon completion of the ten-year period” (RCW 42.45.180[1]).

“A notary public’s journal … shall not be surrendered to an employer upon demand or termination, whether the employer paid for the journal or the notary’s bond or application fees” (WAC 308-30-200[3]).

Retention of Recordings
Requirement: “An electronic records notary public, a guardian, conservator, or agent of an electronic records notary public, or a personal representative of a deceased electronic records notary public shall retain the audio-visual recording created under subsection (3)(c) of [RCW 42.45.280] or cause the 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 [RCW 42.45.280], the recording must be retained for a period of at least ten years after the recording is made” (RCW 42.45.280[6]).

“A notary public must retain any audio-visual recording created under RCW 42.45.280 (3)(c) in a computer or other electronic storage device that protects the recording against unauthorized access by password or other secure means of authentication. The recording must be created in an industry-standard audio-visual file format and must not include images of any electronic record that was the subject of the remote notarial act” (WAC 308-30-330[1]).

“The fact that the notary public’s employer, contractor, or repository keeps or stores any audio-visual recordings shall not relieve the notary of the duties required by these rules” (WAC 308-30-330[4]).

“The personal representative or guardian of a notary public shall follow RCW 42.45.280(6) related to the disposition of the notary public’s audio-visual recordings upon the death or adjudication of incompetency of the notary public” (WAC 308-30-330[5]).

Backup of Recording: “A notary public must take reasonable steps to ensure that a backup of the audio-visual recording exists and is secure from unauthorized use” (WAC 308-30-330[3]).

Access Instructions: “The notary public, or the notary’s personal representative or guardian, shall provide access instructions to the department for any audio-visual recordings maintained or stored by the notary, upon commission resignation, revocation, or expiration without renewal, or upon the death of adjudication of incompetency of the notary” (WAC 308-30-330[6]).

Repositories: “A notary public, or the notary’s personal representative or guardian, may by written contract engage a third party to act as a repository to provide the storage required by this section. A third party under contract under this section shall be deemed a repository under RCW 42.45.280(6)” (WAC 308-30-330[7]).

“Any contract under subsection (7) of [WAC 308-30-330] must:
”(a) Enable the notary public, or the notary’s personal representative or guardian, to comply with the retention requirements of this section even if the contract is terminated; or
”(b) Provide that the information will be transferred to the notary public, or to the notary’s personal representative or guardian, if the contract is terminated” (WAC 308-30-330[8]).

Disposition of Journal
Termination of Commission: “On resignation from, or the revocation or suspension of, a notary public’s commission, the notary public shall retain the notary public’s journal in accordance with subsection (1) of [RCW 42.45.180] and inform the department where the journal is located” (RCW 42.45.180[6]).

“The notary public, or the notary’s personal representative, shall provide access instructions to the department for any electronic journal maintained or stored by the notary, upon commission resignation, revocation, or expiration without renewal, or upon the death or adjudicated incompetence of the notary” (WAC 308-30-210[5]).

Death or Incompetency of Notary: “The personal representative or guardian of a notary public shall follow RCW 42.45.180(6) related to the disposition of the notary public’s journals upon the death or adjudication of incompetency of the notary public” (WAC 308-30-210[3]).

Destruction of Tangible Journal: “Ten years after the performance of the last notarial act chronicled in a tangible journal, the journal is to be destroyed by shredding or other destruction that leaves any entry in the journal illegible” (WAC 308-30-210[1]).

Destruction of Electronic Journal: “Ten years after the performance of the last notarial act chronicled in an electronic journal, the journal is to be destroyed by deleting any remaining records pertaining to the electronic journal and deleting any remaining tamper-evident technology in the notary’s possession” (WAC 308-30-210[2]).

“Nothing in this section shall require a notary to dispose of their notarial journal or journals if doing so would be in conflict with the law of another jurisdiction that requires a notary to keep their journal for a longer period of time” (WAC 308-30-210[4]).

State Employee Journal
Is a state employee’s notarial journal public record or private property? — While generally a notary’s journal is considered private property, the journal entries that a notary public creates during the course of work as a state or local government employee in Washington are likely public records, due to the nature of government employee’s work and Washington public disclosure laws. The Department recognizes that this may create difficulties for state or local government employees who perform notarizations both while working and outside of work. A notary may be able to argue that specific journal entries are not public record, because they were created outside of the scope of their employment. In order to prove this, though, the notary is responsible for demonstrating which entries are work-related and which are not. To help prove which entries are public record, the notary public can segregate their state-work notarizations and after-hours notarizations into different sections of the journal, such as recording all of the after-hours notarizations in the back of the journal. Color coding journal entries may be another way to distinguish which entries are public record. The Department advises any notary who works for the state or a local government agency in Washington to consult with their agency’s public records advisor on these issues” (NPG).

The signing party must be at least 18 years old.
The signing party must be able to understand the nature of the document and its consequences.
The signing party must be signing the document voluntarily, without any coercion or force.
The signing party must not be under the influence of drugs or alcohol.
If you are still unsure about the competency, willingness, or voluntariness of the signing party, you should consult with an attorney.

Questions to be asked of the Principal signer before addressing the first document:
Are you of sound mind and body?
Do you understand the nature of this document?
Are you signing this document voluntarily?
Is anyone coercing or forcing you to sign this document?
Are you under the influence of drugs or alcohol?
Are you aware of the consequences of signing this document?

This article describes the law concerning Notarial Acts in Washington State and the U.S.

Notarial Acts in U.S. State or Jurisdiction
“(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 authorized by the law of that state to perform the notarial act.
“(2) The signature and title of an individual performing a notarial act in another state are prima facie evidence that the signature is genuine and that the individual holds the designated title.
“(3) The signature and title of a notarial officer described in subsection (1)(a) through (c) of this section conclusively establishes the authority of the officer to perform the notarial act” (RCW 45.42.090).

Notarial Acts Under Authority of Federally Recognized Indian Tribe
“(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 clerk of a court of the tribe; or
“(c) Any other individual authorized by the law of the tribe to perform the notarial act.
“(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 are prima facie evidence that the signature is genuine and that the individual holds the designated title.
“(3) The signature and title of a notarial officer described in subsection (1)(a) through (c) of this section conclusively establishes the authority of the officer to perform the notarial act” (RCW 45.42.100).

Notarial Acts Under U.S. Law
“(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 authority of military service who is authorized to perform notarial acts under federal law;
“(c) An individual designated a notarizing officer by the United States department of state for performing notarial acts overseas; or
“(d) Any other individual authorized by federal law to perform the notarial act.
“(2) The signature and title of an individual acting under federal authority and performing a notarial act are prima facie evidence that the signature is genuine and that the individual holds the designated title.
“(3) The signature and title of an officer described in subsection (1)(a), (b), or (c) of this section conclusively establishes the authority of the officer to perform the notarial act” (RCW 45.42.110).

Notarial Acts in Foreign State
“(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 multinational or international governmental organization, the act has the same effect under the law of this state as if performed by a notarial officer of this state.
“(3) If the title of office and indication of authority to perform notarial acts in a foreign state appears in a digest of foreign law or in a list customarily used as a source for that information, the authority of an officer with that title to perform notarial acts is conclusively established.
“(4) The signature and official stamp of an individual holding an office described in subsection (3) of this section are prima facie evidence that the signature is genuine and the individual holds the designated title.
“(5) An apostille in the form prescribed by the Hague Convention of October 5, 1961, and issued by a foreign state party to the Hague Convention conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office.
“(6) A consular authentication issued by an individual designated by the United States department of state as a notarizing officer for performing notarial acts overseas and attached to the record with respect to which the notarial act is performed conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office” (RCW 45.42.120).

This article describes the Wa. State laws relating to Notarial Acts

Maximum Fees
Paper and Electronic Notarial Acts: “The maximum fees a notary may charge for notarial acts are…:
“Witnessing or attesting a signature $10.00
“Taking acknowledgment or 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” (WAC 308-30-220[1]).

Notarial Acts for Remotely Located Individuals: “Notwithstanding the maximum fees set forth in subsection (1) of [WAC 308-30-220] and the prohibition set forth in subsection (3) of this section, a notary public may charge a maximum fee of twenty-five dollars to perform a remote notarial act” (WAC 308-30-220[6]).

Copy Fee
A notary public may additionally charge the actual costs of copying any instrument or record” (WAC 308-30-220[4]).

No Charge
“A notary public may not charge fees for receiving or noting a protest of a negotiable instrument or record” (WAC 308-30-220[3]).

Fee Not Required
“A notary public need not charge fees for notarial acts” (RCW 42.45.170[2]; see also WAC 308-30- 0220[2]).

Travel Fees
“A notary may charge a travel fee when traveling to perform a notarial act if:
“(a) The notary and the individual requesting the notarial act agree upon the travel fee in advance of the travel; and
“(b) The notary explains to the individual requesting the notarial act that the travel fee is in addition to the notarial fee in subsection (1) of [WAC 308-30-220] and is not required by law” (WAC 308-30- 0220[5]).