Last Update: May 8, 2017

NOTARY ADMINISTRATION

Contact Information Department of Licensing Notaries Public Program P.O. Box 9027 Olympia, WA 98507-9027 1-360-664-1550

405 Black Lake Blvd. SW Olympia, WA 98502

Website: www.dol.wa.gov/business/notary/

Notary Rules RCW — Revised Code of Washington WAC — Washington Administrative Code

Most Notary rules are in:

a. Revised Code of Washington, Chapter 42.44, “Notaries Public,” and Chapter 64.08,“Acknowledgments”;

b. Washington Administrative Code, Chapter 308-30, “Notaries Public.”

Washington Notaries may join a “Notaries LISTSERVE”® to get the latest pertinent law updates and rule changes by email (website, “What’s New”).

NOTARY SEAL

A Washington Notary Public must affix an impression of his or her official seal or stamp on the certificate portion of every document notarized. However, the seal or stamp may be omitted in certifying an oath for use in any court in Washington (RCW 42.44.090[1]).

The format of the seal or stamp must be as follows:

Kind Washington Notaries may use either an inked stamp or an embossing seal (WAC 308-30-010).

Inked Stamp: An inked stamp must meet the following criteria (WAC 308-30-010): 1. The type must be a minimum of 8 points in size;2. Only indelible ink may be used;3. The stamp must contain permanently affixed letters and numbers and may not be preprinted on the

document or certificate.

Embossing Seal: When used on a recordable document, an embossing seal must meet the following criteria (RCW 65.04.045[2]):

1. All text on the document, including the seal impression, must be in 8-point type or larger; 2. 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. Shape/Size

Inked Stamp: A circular inked stamp must have a minimum diameter of 15/8 inches and a rectangular inked stamp a minimum respective width and length of 1 inch and 15/8 inches (WAC 308-30-010[2]).

Embossing Seal: An embossing seal must be a minimum of 15/8 inches in diameter (WAC 308-30-010), thereby indicating that the seal must be circular. Components

The seal or stamp must contain the following (RCW 42.44.050): 1. “Notary Public”; 2. “State of Washington”; 3. Notary’s name (surname and at least the initials of both first and middle names); 4. Notary’s appointment expiration date.

State Seal: Reproduction of the Washington state seal within the Notary stamp or seal is prohibited

(WAC 308-30-010[5]). Obtaining a Seal

“A vendor may not provide a notarial seal, or stamp, either inking or embossing, to a person claiming to be a notary, unless the person presents a photocopy of the person’s Notary Certificate” (WAC 308-30-010[6]).

“A notary applying for a seal or stamp as a result of a name change shall present a copy to the vendor of the certificate evidencing that notary’s name change from the director [of licensing]” (WAC 308-30-010[7]).

“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 [of licensing] has delivered a certificate evidencing the appointment” (RCW 42.44.050). Ownership of Seal

A Notary seal or stamp belongs exclusively to the Notary and may not be used by any other person or surrendered to an employer upon termination of employment, regardless of whether the employer paid for the seal or stamp or for the Notary’s bond or appointment fees (RCW 42.44.090[4]). Lost or Stolen Seal

“When a notary seal or stamp is lost or stolen the Department of Licensing is to be notified by certified mail. The notice must set forth the fact that the notary seal or stamp has been lost or stolen and be signed by the notary public. The notary public may then obtain a replacement notary seal or stamp. The new notary seal or stamp must contain some variance from the original seal or stamp. If the lost or stolen notary seal or stamp is found or recovered after a replacement has been obtained the original seal or stamp shall be surrendered to the Department of Licensing” (WAC 308-30-050).

Expired Seal Use of a Notary seal or stamp with an expired date is prohibited (WAC 308-30-130).

Disposition of Seal

“If a notary public voluntarily resigns his or her notary appointment or if the notary appointment is revoked, suspended or restricted, the notary public must mail or deliver his or her notary stamp or seal to the Department of Licensing. No voluntary resignation of a notary appointment shall be effective until the notary seal or stamp is mailed or delivered to the notary section” (WAC 308-30-040). Notary’s Signature

“Upon completion of a notarial act, the notary must sign the notary certification using his/her name exactly as it appears on the notary certificate of appointment and the stamp or seal. The notary’s name must be legibly printed or stamped directly below their signature” (WAC 308-30-120). Prima Facie Evidence

“The signature and seal or stamp of a notary public are prima facie evidence that the signature of the notary is genuine and that the person is a notary public” (RCW 42.44.080[9]). 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]).

Examples

The above typical, actual-size examples of Notary stamps and seals are allowed by Washington state law. Formats other than these may also be permitted.

NOTARY POWERS

Washington Notaries are authorized to perform the following notarial acts (RCW 42.44.010[2] and 42.44.080[6], except as otherwise noted):

• Take acknowledgments1; • Administer oaths and affirmations; • Take verifications upon oath or affirmation2; • Witness or attest signatures; • Certify or attest copies3 of documents or other items; • Certify that “an event has occurred or an act has been performed”4; • Make or note the protest of a negotiable instrument5; • Take depositions (RCW 5.28.010).

1 – Acknowledgments: “‘Acknowledgment’ means a statement by a person that the person has

executed an instrument as the person’s free and voluntary act for the uses and purposes stated therein and, if the instrument is executed in a representative capacity, a statement that the person signed the document with proper authority and executed it as the act of the person or entity represented and identified therein” (RCW 42.44.010[4]).

“‘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).

“In taking an acknowledgment authorized by RCW 64.08.100 from a person physically unable to sign his or her name or make a mark, a notary public shall, in addition to other requirements for taking an acknowledgment, determine and certify from personal knowledge or satisfactory evidence that the person appearing before the notary public is physically unable to sign his or her name or make a mark and is otherwise competent. The notary public shall include in the acknowledgment a statement that the signature in the acknowledgment was obtained under the authority of RCW 64.08.100” (RCW 42.44.080[2]).

2 – Verifications upon Oath or Affirmation: “‘Verification upon oath or affirmation’ means a statement by a person who asserts it to be true and makes the assertion upon oath or affirmation administered in accordance with 5.28 RCW” (RCW 42.44.010[5]).

3 – Certified Copies: “In certifying or attesting a copy of a document or other item, a notary public must determine that the proffered copy is a full, true, and accurate transcription or reproduction of that which was copied” (RCW 42.44.080[5]).

4 – Certifications of Occurrence of Event: “In certifying that an event has occurred or an act has been performed, a notary public must determine the occurrence or performance either from personal

knowledge or from satisfactory evidence based upon the oath or affirmation of a credible witness personally known to the notary public” (RCW 42.44.080[7]).

5 – Protests: “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]). Identifying Document Signers

In taking an acknowledgment, taking a verification upon oath or affirmation, or witnessing or attesting a signature, the Notary must identify the document signer through either personal knowledge or satisfactory evidence (RCW 42.44.080[1], [3] and [4]).

Satisfactory Evidence: “A notary public has satisfactory evidence that a person is the person described in a document if that person: (a) is personally known to the notary public; (b) is identified upon the oath or affirmation of a credible witness personally known to the notary public; or (c) is identified on the basis of identification documents” (RCW 42.44.080[8]).

Identification documents must be: “(1) Current documents issued by a federal, state, or tribal government with the individual’s

photograph, signature and physical description. “(2) An unexpired passport with the individual’s photograph and signature issued by either: “(a) The U.S. Department of State; or “(b) A foreign government which is recognized by the U.S. Department of State” (WAC 308-30-155). In addition to being personally known by the Notary, a credible witness must personally know the

identified individual (WAC 308-30-155[3]).

Personal Knowledge: “This doesn’t mean someone you were just introduced to. Ask yourself if you’d be able to describe your ‘personal knowledge’ of the signer adequately when under oath in a court of law” (website, “How to Perform Notary Acts”). Physical Presence

“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”). Validity of Illegible Document

“The illegibility of any wording, writing, or marking required under this chapter does not in and of itself affect the validity of a document or transaction” (RCW 42.44.110). NOTARY DON’TS Selecting Certificates

“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 308-30-090[2]). Immigration Practices

“(1) 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.

“(2) 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. “(3) 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….

“(5) In addition to complying with the prohibitions of subsections (1) through (3) of this section, persons licensed as a notary public under chapter 42.44 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 42.44 RCW shall constitute unprofessional conduct under the uniform regulation of business and professions act, chapter 18.235 RCW” (RCW 19.154.060).

Exceptions: “(a) The prohibitions of subsections (1) through (3) of this section [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]). False Certificate

“(1) A notary public commits official misconduct when he or she signs a certificate evidencing a notarial act, knowing that the contents of the certificate are false. Official misconduct also constitutes unprofessional conduct for which disciplinary action may be taken.

“(2) A notary public who commits an act of official misconduct shall be guilty of a gross misdemeanor” (RCW 42.44.160). 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 308-30-160). Disqualifying Interest

Personal: “A notary public is disqualified from performing a notarial act when the notary is a signer of the document which is to be notarized” (RCW 42.44.080[10]).

Relatives: “Can I notarize my relative’s or spouse’s signature? — You’re only disqualified from notarizing your own signature. However, notarizing a relative’s or spouse’s signature may be seen as a conflict of interest” (website, “How to Perform Notary Acts”). NOTARY SIGNING AGENTS

Currently, there are no statutes, regulations or rules expressly governing, prohibiting or restricting the operation of Notary Signing Agents within the state of Washington. NOTARY FEES

The maximum fees that a Washington Notary may charge for a notarial act are (WAC 308-30-020[1] and [3]):

1. Taking an acknowledgment or a verification upon oath or affirmation: $10; 2. Administering an oath or affirmation: $10; 3. Witnessing or attesting a signature: $10; 4. Certifying or attesting a copy: $10; 5. Certifying that an event has occurred or an act has been performed: $10; 6. Receiving or noting a protest of a negotiable instrument: $10; 7. Being present at demand, tender or deposit of a protest and noting same: $10; 8. Copying any document or record: actual cost.

Waiving Fees

A Notary need not charge fees for notarial services (RCW 42.44.120[2]; WAC 308-30-020[2]).

Travel Fees “A notary may charge a travel fee when traveling to perform a notarial act if: “(a) The notary and the person requesting the notarial act agree upon the travel fee in advance of the

travel; and “(b) The notary explains to the person requesting the notarial act that the travel fee is in addition to

the notarial fee in subsection (1) of this section [WAC 308-30-020] and is not required by law” (WAC 308-30-020[4]). Posting Fees

“A notary who chooses to charge for notarial acts shall conspicuously display in their place of business, or present to each customer outside of their business, an English-language schedule of fees for notarial acts. No part of the displayed notarial fee schedule may be printed in smaller than 10-point type” (WAC 308-30-020[2]). NOTARY CERTIFICATES Form of Certificate

“(1) A notarial act by a notary public must be evidenced by a certificate signed and dated by a notary public. The certificate must include the name of the jurisdiction in which the notarial act is performed and the title of the notary public or other notarial officer and shall be accompanied by an impression of the official seal or stamp. It shall not be necessary for a notary public in certifying an oath to be used in any of the courts in this state, to append an impression of the official seal or stamp. If the notarial officer is a notary public, the certificate shall also indicate the date of expiration of such notary public’s appointment, but omission of that information may subsequently be corrected.

“(2) A certificate of notarial act is sufficient if it meets the requirements of subsection (1) of this section and it:

“(a) Is in the short form set forth in RCW 42.44.100; “(b) Is in a form otherwise permitted or prescribed by the laws of this state; “(c) Is in a form prescribed by the laws or regulations applicable in the place in which the notarial act

was performed; or “(d) Is in a form that sets forth the actions of the notary public and the described actions are sufficient

to meet the requirements of the designated notarial act. “If any law of this state specifically requires a certificate in a form other than that set forth in RCW

42.44.100 in connection with a form of document or transaction, the certificate required by such law shall be used for such document or transaction” (RCW 42.44.090; see also RCW 64.080.050).

“The forms in RCW 42.44.100 are only suggested certificates with the sufficient information included. These forms may be used; however, when a specific form is required by a specific statute, the required form shall be used” (WAC 308-30-090[1]). Commission Expiration Date

“If the notarial officer is a notary public, the certificate shall also indicate the date of expiration of such notary public’s appointment, but omission of that information may subsequently be corrected” (RCW 42.44.090[1]). Size of Attached Certificates

Effective September 1, 1997, state recording requirements stipulate that the Notary seal must be photocopiable and that attached notarial certificates must be the same size as the other document pages

and must have a one-inch margin. Stapled, taped or glued “Notary blocks” smaller than page size will be rejected:

“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 the 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]). Acknowledgment by Individual (RCW 64.08.060)

State of Washington County of _________

On this day personally appeared before me _________ (here insert the name of grantor or

grantors), to me known to be the individual or individuals described in and who executed the within and foregoing instrument, and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned.

Given under my hand and official seal this _____ day of _________, 20____.

(SIGNATURE AND SEAL/STAMP OF OFFICER)

Notary Public in and for the state of Washington, residing at _________ (giving place of residence).

Short Form Acknowledgment by Individual (RCW 42.44.100[1])

State of Washington County of _________

I certify that I know or have satisfactory evidence that _________ (name of signer) is the person

who appeared before me, and said person acknowledged that he/she signed this instrument and acknowledged it to be his/her free and voluntary act for the uses and purposes mentioned in the instrument.

Dated: _________

_________ (Signature) _________ (Title) (Seal or stamp) My appointment expires _________

Acknowledgment by Corporation (RCW 64.08.070)

State of Washington County of _________

On this ____ day of ________, 20____, before me personally appeared ________ (name of

individual signing), to me known to be the ________ (president, vice president, secretary, treasurer, or other authorized officer or agent, as the case may be) of the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation.

In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year

first above written.

(SIGNATURE AND SEAL/STAMP OF OFFICER)

Notary Public in and for the state of Washington, residing at ________ (giving place of residence). Short Form Acknowledgment by Representative (RCW 42.44.100[2])

State of Washington County of _________

I certify that I know or have satisfactory evidence that _________ (name of person signing) is the

person who appeared before me, and said person acknowledged that he/ she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the _________ (type of authority, e.g., officer, trustee, etc.) of _________ (name of party on behalf of whom instrument was executed) to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.

Dated: _________

_________ (Signature) _________ (Title) (Seal or stamp) My appointment expires _________

Short Form Verification Upon Oath or Affirmation (RCW 42.44.100[3])

State of Washington County of _________

Signed and sworn to (or affirmed) before me on _________ (date) by _________ (name of person

making statement).

_________ (Signature) _________ (Title) (Seal or stamp) My appointment expires _________

Short Form Witnessing or Attesting of Signature (RCW 42.44.100[4])

State of Washington County of _________

Signed or attested before me on _________ (date) by ________ (name of signer or attestor).

_________ (Signature) _________ (Title) (Seal or stamp) My appointment expires _________

Short Form Attesting Copy of Document (RCW 42.44.100[5])

State of Washington County of _________

I certify that this is a true and correct copy of a document in the possession of _________ as of

this date.

Dated: _________

_________ (Signature) _________ (Title) (Seal or stamp) My appointment expires _________

Short Form Certifying Occurrence of Event or Performance of Act (RCW 42.44.100[6])

State of Washington County of _________

I certify that the event or act described in this document has occurred or been performed.

Dated: _________

_________ (Signature) _________ (Title) (Seal or stamp) My appointment expires _________

ELECTRONIC NOTARIZATIONS

The state of Washington has not yet adopted statutes or regulations expressly establishing rules, definitions and procedures for electronic notarization. Uniform Real Property Electronic Recording Act

Washington has adopted the Uniform Real Property Electronic Recording Act (URPERA) as Chapter 65.24 of the Revised Code of Washington, including the following provision related to the Notary’s seal:

“A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature” (RCW 65.24.020[3]). “Video Presence”

A “consumer alert” on the Department of Licensing website clarifies the meaning of physical presence:

“To get valid notarial services in Washington State, you must appear before a notary public for acknowledgments, verifications, and to have your signature witnessed. This means all the signers must be physically present with the notary while the notarization is taking place. A video image… doesn’t count” (“Consumer News”). Digital Certificate as Acknowledgment

Under the Washington Electronic Authentication Act (RCW Chapter 19.34), a digital certificate issued by a certification authority may satisfy the requirements of a Notary’s acknowledgment certificate:

“(1) Unless otherwise provided by law or contract, if so provided in the certificate issued by a licensed certification authority, a digital signature verified by reference to the public key listed in a valid certificate issued by a licensed certification authority satisfies the requirements for an acknowledgment under RCW 42.44.010(4) and for acknowledgment of deeds and other real property conveyances under RCW 64.04.020 if words of an express acknowledgment appear with the digital signature regardless of whether the signer personally appeared before either the certification authority or some other person authorized to take acknowledgments of deeds, mortgages, or other conveyance instruments under RCW 64.08.010 when the digital signature was created, if that digital signature is:

“(a) Verifiable by that certificate; and “(b) Affixed when that certificate was valid. “(2) If the digital signature is used as an acknowledgment, then the certification authority is

responsible to the same extent as the notary up to the recommended reliance limit for failure to satisfy the requirements for acknowledgment. The certification authority may not disclaim or limit, other than as provided in RCW 19.34.280, the effect of this section” (RCW 19.34.340).

Under the administrative rules implementing the Washington Electronic Authentication Act (WAC Chapter 434-180), specifications for electronic acknowledgment certificates are as prescribed:

“(1) Certificates issued by licensed certification authorities shall follow the Basic Certificate Field Standards specified in standard X.509, part one, section 4.1. Certificate data extension fields are optional. If certificate extension fields are used, usage must conform to the required guidelines referenced in X.509 section 4.1.2.1, section 4.2, and may be displayed on the certificate.

“(2) Any certificate issued by a licensed certification authority that is to be used as an acknowledgment, as provided in RCW 19.34.340, shall include a certificate data extension field that specifies the reliance limit, if any, and a certificate data extension field that states that the certificate may be used as an acknowledgment” (WAC 434-180-300). NOTARY RECORDS

Washington state law does not require Notaries to keep journals of notarial acts. “Am I required to keep a journal? — No. It isn’t a requirement in Washington. However, it’s to your

advantage to keep one as a record of your notarizations” (website, “How to Perform Notary Acts”).

AUTHENTICATION OF NOTARIAL ACTS Secretary of State

While state law (RCW 42.44.180[1][a]) gives both the Director of Licensing and the Secretary of State authority to issue authenticating certificates for notarial acts, such certificates (including apostilles) are currently issued only by the Washington Secretary of State. The pertinent website for the Secretary is: www.sos.wa.gov/corps/apostilles/.

Fee: $15 per document for an apostille or certificate of authority. Checks or money orders should be made payable to “State of Washington.” For expedited service, an additional $50 will be required for any order (website, “How to Obtain an Apostille or Certification”; see also RCW 42.44.180[1][a]; WAC 308-30-070 and 308-30-100).

Mailing Address: Washington Secretary of State Corporations Division Apostille and Certification Program 801 Capitol Way South P.O. Box 40228 Olympia, WA 98504-0228

Telephone: 1-360-725-0344 1-360-725-0345

Procedure: Persons in need of an apostille or authenticating certificate should mail or present the

original notarized document, Apostille or Certificate of Authentication Request Form (available for download on the Secretary of State’s website) and the appropriate fee.

Expedited service — see fee above — will allow same-day processing if the notarized document is brought to the Secretary of State’s office; if mailed, any expedited document will be processed within two business days. Otherwise, non-expedited requests are processed in the order received, typically within five to seven business days.

“We do not process FBI Clearance letters. They can only be processed at the U.S. Department of State, in Washington D.C.” (website, “How to Obtain an Apostille or Certification”).

School Diplomas: Copies of high school and college or university diplomas (but not transcripts) may be copy-certified by a Washington Notary Public and then authenticated by the Secretary of State’s office. Alternatively, college or university diplomas (and transcripts) may be copy-certified by the school registrar. Any diploma or transcript that is copy-certified by a Notary or registrar must bear the school seal (website, “Apostille Document Guidelines”).

Vital Records: Procedures for submitting vital records for authentication may be found on the Secretary of State’s website (website, “Apostille Frequently Asked Questions).

Business Entity Records: Procedures for submitting Washington state business entity records for authentication may be found on the Secretary of State’s website (website, “Apostille Frequently Asked Questions).

Improper Requests: “The secretary of state may not certify or attest to the signature of a notary public on a document:

“(a) Regarding allegiance to a government or jurisdiction; “(b) Relating to the relinquishment or renunciation of citizenship, sovereignty, military status, or

world service authority; or “(c) Setting forth or implying for the bearer a claim of immunity from the laws of the jurisdictions of

Washington, immunity from the laws of the state of Washington, or immunity from federal law (RCW 43.07.032[3]).

Online Certificate Search: Apostilles and other certificates of authority that were issued by the Washington Secretary of State’s office to authenticate notarial acts may be confirmed online through the Secretary’s website at “Apostille Search.” COMMISSIONING AND ADMINISTRATION

The Director of the Department of Licensing appoints, regulates and maintains records on Washington Notaries (RCW 42.44.020). Most information in an application for a Notary appointment is a public record and subject to public disclosure provisions in RCW 42.17. Applying for Appointment

Qualifications: An applicant for appointment as a Washington Notary Public must (RCW 42.44.020[1]):

(a) Be at least 18 years old; (b) Reside in Washington or reside in Oregon or Idaho and be regularly employed or doing business

in Washington; and (c) Be able to read and write the English language. “You could be disqualified if you’ve been convicted within the past 10 years of any felony or gross

misdemeanor relating to the practice of a notary (for example, a theft conviction). We look at each case on an individual basis” (website, “Frequently Asked Questions”).

Course or Test: No course of instruction or test is required of applicants for a Notary appointment in Washington.

“Although you aren’t required to complete an education course to become a notary in Washington State, we feel it’s extremely beneficial because you’ll learn how to perform notarial acts correctly” (website, “Recommended Education Providers”).

“As a Washington State Notary Public you are expected to know and abide by our notary public laws,” which can be downloaded from the website (website, “Notary Public Appointment or Reappointment Application”).

Application: For first-time applicants, the application form must be endorsed by three Washington residents who are 18 years of age or older and not related to the applicant. The application also must include the signed and sworn or affirmed Declaration of the applicant (RCW 42.44.020[2] and [4]; website, “Notary Public Appointment or Reappointment Application”).

The application must be accompanied by a $30 fee, payable to “Department of Licensing,” and a copy of a $10,000 Notary surety bond. The name and signature on the surety bond must be identical to those on the application form. (RCW 42.44.020[5]; WAC 308-30-030 and 308-30-100; website, “How to Become a Notary Public”).

Upon receipt of the certificate of commissioning, the applicant must purchase a Notary seal or stamp. The seal or stamp may not be purchased until the certificate is received, as a photocopy of the commissioning certificate must be presented to the vendor (RCW 42.44.050; WAC 308-30-010[6]; website, “How to Become a Notary Public”).

Reappointment: If the application for reappointment is made before the current appointment expires, the application need not be endorsed and the applicant need not complete the Declaration (RCW 42.44.070; website, “Notary Public Appointment or Reappointment Application”). Otherwise, the application procedure for renewing Notaries is the same as for first-time applicants.

Nonresidents: An applicant for a Notary appointment may reside in an adjoining state (Oregon or Idaho) if regularly employed or conducting business in Washington (RCW 42.44.020[1][b]).

Online Search: The Department’s system for online search of business and professional licenses allows access to certain data, including that related to the appointment of Notaries. Information available about a given Washington Notary includes city and zip code, license number, active or inactive status, and appointment expiration date. Changes of Status

Address Change: Notaries who move must notify the Department of Licensing in writing, by email or fax, or online. There is no fee for an address change (WAC 308-30-060). The name as shown on the certificate of appointment, along with date of birth, and previous and new addresses, must be included (website, “How to Change Your Name or Address”).

Name Change: Notaries who change their name must notify the Department of Licensing in writing, submitting a rider from the bonding company and $15 for a new certificate of appointment (WAC 308-30-060 and 308-30-100). A photocopy of the new certificate must be presented to a vendor in order to obtain a stamp or seal bearing the new name (website, “How to Change Your Name or Address”).

Resignation: No voluntary resignation of a Notary appointment is effective until the Department of Licensing is notified in writing and the Notary seal or stamp is mailed or delivered to the Department (RCW 42.44.170[2]; WAC 308-30-040).

A Notary who moves from the state, ceases to be employed in the state, or becomes incapable of reading and writing English must resign the commission (WAC 308-30-150).

If a Notary is found to be incompetent by a court, the Notary’s guardian or conservator must mail or deliver a letter of resignation to the Department of Licensing within 30 days of the judicial finding (RCW 42.44.170[1]).

Conviction or Lawsuit: “The notary must notify the department of licensing of any conviction against him or her of official misconduct, and/or civil or criminal charges. Notification must be submitted within thirty days of such happening” (WAC 308-30-140).

OTHER NOTARIAL OFFICERS

Besides Notaries Public, the following officers have power to take acknowledgment of deeds, mortgages and other documents (RCW 64.08.010):

1. A justice, clerk, or deputy clerk of the Supreme Court; 2. A judge or clerk of the court of appeals; 3. A judge, qualified commissioner, clerk, or deputy clerk of the superior court; 4. A county auditor or deputy county auditor; 5. A qualified U.S. commissioner appointed by any U.S. district court of the state.

Officers of Correctional Facilities

The superintendents, associate and assistant superintendents, business managers, records officers and camp superintendents of any correctional facility operated by the state may take acknowledgments and administer oaths for officers, employees and residents of such facilities, but without requiring a fee. “In certifying any oath or in signing any instrument officially, an individual empowered to do so under this section shall, in addition to his name, state in writing his place of residence, the date of his action, and affix the seal of the institution where he is employed” (RCW 64.08.090). QUICK FACTS Notary Jurisdiction

Statewide (RCW 42.44.060). Notary Term Length

Four years (RCW 42.44.060), expiring at midnight on the appointment expiration date. Notary Bond

$10,000, with a company qualified to write surety bonds in Washington (RCW 42.44.020[5]). © 2017 National Notary Association