Recognition of Notarial Acts

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).