Title 42 — Title 42 PUBLIC OFFICERS AND AGENCIES
20 chapters · 471 sections in this title.
RCW 42.45.010 Definitions.
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In this chapter:(1) "Acknowledgment" means a declaration by an individual in the presence of a notarial officer stating that the individual has signed a record of the individual's free will for the purpose stated in the record and, if the record is signed in a representative capa…
RCW 42.45.020 Authority to perform notarial act.
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(1) A notarial officer may perform a notarial act authorized by this chapter or by law of this state other than this chapter.(2)(a) A notarial officer may not perform a notarial act with respect to a record to which the officer or the officer's spouse or domestic partner is a par…
RCW 42.45.030 Certain notarial acts—Requirements.
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(1) A notarial officer who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the acknowledgment has the identity claimed and that the…
RCW 42.45.040 Personal appearance.
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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.[ 2019 c 154 s 3; 2017 c 281 s 6.]Notes:Ef…
RCW 42.45.050 Identification of individual.
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(1) A notarial officer has personal knowledge of the identity of an individual appearing before the officer if the individual is personally known to the officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed.(2) A notarial…
RCW 42.45.060 Refusal to perform notarial act.
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(1) A notarial officer has the authority to refuse to perform a notarial act if the officer is not satisfied that:(a) The individual executing the record is competent or has the capacity to execute the record; or(b) The individual's signature is knowingly and voluntarily made.(2)…
RCW 42.45.070 Individual unable to sign—Signature.
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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 (nam…
RCW 42.45.080 Notarial act in this state.
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(1) A notarial act may be performed in this state by:(a) A notary public of this state;(b) A judge, clerk, or deputy clerk of a court of this state; or(c) Any other individual authorized to perform the specific act by the law of this state.(2) The signature and title of an indivi…
RCW 42.45.090 Notarial act in another state—Effect in this state.
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(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 o…
RCW 42.45.100 Notarial act under authority of federally recognized Indian tribe.
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(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 th…
RCW 42.45.110 Notarial act under federal authority.
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(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 …
RCW 42.45.120 Foreign notarial act.
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(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 p…
RCW 42.45.130 Certificate of notarial act.
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(1) A notarial act must be evidenced by a certificate. The certificate must:(a) Be executed contemporaneously with the performance of the notarial act;(b) Be signed and dated by the notarial officer and, if the notarial officer is a notary public, be signed in the same manner as …
RCW 42.45.140 Short form certificates.
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The following short form certificates of notarial acts are sufficient for the purposes indicated, if completed with the information required by RCW 42.45.130 (1) through (4) and 42.45.280:(1) For an acknowledgment in an individual capacity:State of .......County of .......This re…
RCW 42.45.150 Official stamp.
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(1) It is unlawful for any person intentionally to manufacture, give, sell, procure, or possess a seal or stamp evidencing the current appointment of a person as a notary public until the director has issued a notary commission. The official seal or stamp of a notary public must …
RCW 42.45.160 Stamping device—Security.
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(1) A notary public is responsible for the security of the notary public's stamping device and may not allow another individual to use the device to perform a notarial act. On resignation from, or the revocation or expiration of, the notary public's commission, or on the expirati…
RCW 42.45.170 Fees.
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(1) The director may establish by rule the maximum fees that may be charged by notaries public for various notarial services.(2) A notary public need not charge fees for notarial acts.[ 2017 c 281 s 19.]
RCW 42.45.180 Journal.
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(1) A notary public shall maintain a journal in which the notary public chronicles all notarial acts that the notary public performs. The notary public shall retain the journal for ten years after the performance of the last notarial act chronicled in the journal. The journal is …
RCW 42.45.190 Notarial acts on electronic records—Technology—Notification—Standards.
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(1) A notary public may not perform notarial acts with respect to electronic records unless the notary public holds a commission as an electronic records notary public.(2) An electronic records notary public may select one or more tamper-evident technologies to perform notarial a…
RCW 42.45.200 Commission—Qualifications—Oath—Surety bond—Commission term—Electronic records notary public.
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(1) An individual qualified under subsection (2) of this section may apply to the director for a commission as a notary public. The applicant shall comply with and provide the information required by rules established by the director and pay any application fee.(2) An applicant f…
RCW 42.45.210 Grounds to deny, refuse to renew, revoke, suspend, or condition commission of notary public.
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(1) In addition to conduct defined as unprofessional under RCW 18.235.130, the director may take action as provided for in RCW 18.235.110 against a commission as notary public for any act or omission that demonstrates the individual lacks the honesty, integrity, competence, or re…
RCW 42.45.220 Database of notaries public.
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The director shall maintain an electronic database of notaries public:(1) Through which a person may verify the authority of a notary public to perform notarial acts; and(2) Which indicates whether a notary public has notified the director that the notary public will be performin…
RCW 42.45.230 Prohibited acts.
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(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 admi…
RCW 42.45.240 Validity of notarial acts.
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Except as otherwise provided in RCW 42.45.020(2), the failure of a notarial officer to perform a duty or meet a requirement specified in this chapter does not invalidate a notarial act performed by the notarial officer. The validity of a notarial act under this chapter does not p…
RCW 42.45.250 Rules.
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(1) The director may adopt rules necessary to implement this chapter.(2) In adopting, amending, or repealing rules about notarial acts with respect to electronic records, the director shall consider standards, practices, and customs of other jurisdictions that substantially enact…
RCW 42.45.260 Commissions in effect July 1, 2018—Continuation.
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A commission as a notary public in effect on July 1, 2018, continues until its date of expiration. A notary public who applies to renew a commission as a notary public on or after July 1, 2018, is subject to and shall comply with this chapter. A notary public, in performing notar…
RCW 42.45.270 Uniform regulation of business and professions act—Application.
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The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter.[ 2017 c 281 s 32.]
RCW 42.45.280 Electronic records notary public.
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*** CHANGE IN 2026 *** (SEE 2158-S.SL) ***(1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.(a) "Communication technology" means an electronic device or process that:(i) Allows an electronic records notary public an…
RCW 42.45.900 Short title.
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This chapter may be known and cited as the 2018 revised uniform law on notarial acts.[ 2019 c 154 s 6; 2017 c 281 s 1.]Notes:Effective date—2019 c 154: See note following RCW 42.45.280.
RCW 42.45.901 Application.
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This chapter applies to a notarial act performed on or after July 1, 2018.[ 2017 c 281 s 3.]
RCW 42.45.902 Savings.
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This chapter does not affect the validity or effect of a notarial act performed before July 1, 2018.[ 2017 c 281 s 29.]
RCW 42.45.903 Application—Construction.
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In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.[ 2017 c 281 s 30.]
RCW 42.45.904 Relation to electronic signatures in global and national commerce act.
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This chapter modifies, limits, and supersedes the electronic signatures in global and national commerce act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the no…
RCW 42.45.905 Effective date—2017 c 281.
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This act takes effect July 1, 2018.[ 2017 c 281 s 44.]