Laws and rules: Notaries public

Remote notarization authorized in Washington State

On March 16, 2021, permanent rules authorizing remote notarization went into effect in the state of Washington.

The remote notarization legislation passed in the 2019 legislative session. This follows a national trend of states authorizing this practice. This legislation and rule changes will:

• Authorize licensed notaries who have an electronic records endorsement to obtain a remote notary endorsement to practice remote notarization.
• Clarify requirements for communication technology used to conduct remote notarization.
• Establish standards for identity proofing when conducting remote notarization.
• Outline authorized remote notarial acts such as taking an acknowledgment or verification on oath/affirmation, witnessing/attesting a signature, or certifying/attesting a copy.
• Set standards for audio-visual recordings and repositories.

Read more about remote notarization.

2018 notary law changes

On July 1, 2018, the notary laws in Chapter 42.44 RCW were replaced by Chapter 42.45 RCW. You should be aware of the following changes:

• The notary public appointment will now be called a notary public commission.
• You'll be required to keep a journal describing each notarial act you perform.
• You'll be able to apply for an Electronic Notary Public endorsement. With the proper software, this endorsement will allow you to notarize electronic documents.

You can participate in the rulemaking process. See the rulemaking activity for Chapter 308-30 WAC below.

Current laws and rules

• Chapter 18.235 RCW: Uniform Regulation of Business and Professions
• Chapter 42.45 RCW: Revised Uniform Law on Notarial Acts
• Chapter 308-08 WAC: Practice and procedure
• Chapter 308-30 WAC: Notaries public

Rulemaking activity

Rule and status	Public hearings or comments
Chapter 308-30 WAC: Notaries Public Current rule Adopted rule Concise Explanatory Statement Rule-Making Order Emergency Rule-Making Order Rescind Letter Proposed Rule	Public hearing held February 9, 2021 Public hearing audio * (mp3 format: 12 minutes 26 seconds) Download audio transcript
Title 36 WAC: Licensing, Department of (Professional Athletics) Title 98 WAC: Licensing, Department of (Cemetery Board) Title 308 WAC: Licensing, Department of Current rules: Title 36 WAC: Licensing, Department of (Professional Athletics) Title 98 WAC: Licensing, Department of (Cemetery Board) Title 308 WAC: Licensing, Department of Proposed rules: WAC 308-420-240 Fees and charges WAC 308-29-045 Collection agency fees WAC 308-30-060 Application fees WAC 308-129-110 Seller of travel registration fees WAC 308-312-060 Fees WAC 308-320-050 Registration fees and WAC 308-320-060 Annual renewal dates, forms, and fees WAC 308-408A-090 Home inspector fees WAC 308-127-160 Fees WAC 308-124A-775 Real estate fees WAC 308-33-105 Employment agency fees WAC 308-22-050 Fees WAC 308-20-210 Fees WAC 308-19-130 Bail bond recovery agent, bail bond agency, branch office and bail bond agent fees WAC 308-18-150 Private security guard company, private security guard, and armed private security guard fees WAC 308-17-150 Private investigative agency, private investigator, and armed private investigator fees WAC 308-11-030 Auctioneer fees WAC 308-14-200 Court reporter fees WAC 36-14-110 License fees, renewals and requirements WAC 36-12-195 License fees, renewals and requirements WAC 36-13-010 License fees, renewals and requirements Proposed rulemaking order	Public hearing held September 22, 2020
Title 308 WAC: Licensing, Department of Current rule Adopted rule Concise Explanatory Statement Rule-Making Order	Public hearing held January 7, 2020 Public hearing audio * (mp3 format: 2 minutes)
Chapter 308-30 WAC: Notaries Public Current rule Adopted rule Concise Explanatory Statement Rule-Making Order	Public hearings held May 9, 2018 and May 10, 2018 May 9, 2018 public hearing audio* (mp3 format: 11 minutes) May 10, 2018 public hearing audio* (mp3 format: 4 minutes 47 seconds)
WAC 308-30­155 Satisfactory evidence of identity Current rule Adopted rule Concise Explanatory Statement Rule-Making Order	Public hearing held March 10, 2015 Public hearing audio* (mp3 format: 3 hours, 17 minutes)

*To request this information in an alternative format, please email RulesCoordinator@dol.wa.gov or call 360.902.3843. (TTY call 711)

Explanation of abbreviations

• RCW—Revised Code of Washington (Washington State laws)
• WAC—Washington Administrative Code (Washington State agency regulations)

Questions? Need help?

If you're interested in commenting on any of the above rules, or you'd like to sign up to receive information about them email our rules coordinator.