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
Title 308 WAC: Licensing, Department of Title 308 WAC: Licensing, Department of Adopted rules OTS-3939.2 OTS-3940.2 OTS-3941.2 OTS-3942.2 OTS-3944.2 OTS-3946.2 OTS-3947.2 OTS-3948.2 OTS-3949.2 OTS-3950.2 OTS-3951.5 OTS-3952.2 OTS-3955.2 OTS-3958.2 OTS-3960.2 OTS-3961.2 OTS-3962.2 Rule-Making Order	Public hearing held October 11, 2022 Public hearing audio * (mp3 format: 7 minutes) Download audio transcript
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 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.