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]).