AN ACT Relating to notaries public; adding new sections to chapter 42.28 RCW; repealing RCW 42.28.010, 42.28.020, 42.28.030, 42.28.035, 42.28.040, 42.28.050, 42.28.060, 42.28.070, 42.28.090, 42.28.100, 42.28.110, 42.28.120, 42.28.130, 43.131.299, and 43.131.300; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. DEFINITIONS. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Director" means the director of licensing or the director's designee.

(2) "Notarial act" and "notarization" mean:

(a) Taking an acknowledgment;

(b) Administering an oath or affirmation;

(d) Witnessing or attesting a signature;

(e) Certifying or attesting a copy;

(f) Noting a protest of a negotiable instrument; and

(g) Any other act that a notary public of this state is authorized to perform.

(3) "Notary public" and "notary" mean any person appointed and commissioned to perform notarial acts in this state.

(4) "Acknowledgment" means a statement by a person that the person has executed an instrument for the purposes stated therein and, if the instrument is executed in a representative capacity, that the person signed the instrument with proper authority and executed it as the act of the person or entity represented and identified therein.

(5) "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 chapter 5.28 RCW.

(6) "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;

(d) In any other capacity as an authorized representative of another.

NEW SECTION. Sec. 2. APPOINTMENT‑-QUALIFICATIONS. (1) The director may, upon application, appoint any qualified person to be a notary public in this state, except that the director shall not appoint any person who:

(a) Is not at least eighteen years of age;

(b) Does not reside in this state; or

(2) Each application shall be accompanied by endorsements of at least three persons eligible to vote who are not relatives of the applicant, in the following form:

I, !sc ,2(name of endorser)!sc ,2, being a person eligible to vote in the state of Washington, believe the applicant for a notary public appointment, !sc ,2(applicant's name)!sc ,2, who is not related to me, to be a person of integrity and good moral character and capable of performing notarial acts.

!ix!sc ,2(endorser's signature and address, with date of signing)!sc ,2

(3) Every application for appointment as a notary public shall be accompanied by a fee in an amount determined by the director by rule.

(4) Every applicant for appointment as a notary public shall submit an application in a form prescribed by the director, and shall sign the following declaration in the presence of a notary public of this state:

Declaration of Applicant

I, !sc ,2(name of applicant)!sc ,2, solemnly swear or affirm under penalty of perjury that the personal information I have written in this application is true, complete, and correct; that I carefully have read the materials provided with the application describing the duties of a notary public in and for the state of Washington; and that I will perform, to the best of my ability, all notarial acts in accordance with the law.

!tp1,1 !tl!sc ,2(signature of applicant)!sc ,2

!ixState of Washington

County of !sc_,015

On this !sc_,007 date of !sc_,015, 19!sc_,004, before me appeared !sc_,020,

¨ personally known to me

¨ proved to me through documentary evidence in the form of !sc ,2(driver's license/passport/other)!sc ,2

¨ proved to me on the oath or affirmation of !sc ,2(name, address of credible witness personally known to notary)!sc ,2

!ixto be the person who signed the preceding Declaration of Applicant in my presence and who swore or affirmed that !sc ,2(he/she)!sc ,2 understood the document and freely declared it to be truthful.

!tl!sc ,2(official signature of notary)!sc ,2

!tl!sc ,2(official seal of notary).

(5) An appointment as a notary public shall not become effective until the appointee has submitted to the director proof from a surety company that a ten thousand dollar surety bond, insuring the proper performance of notarial acts by the appointee, has been executed for a term commencing on the date the person is commissioned, and expiring on the date the appointee's notary commission expires. The surety for the bond shall be a company qualified to write surety bonds in this state.

NEW SECTION. Sec. 3. SEALS AND STAMPS. Every person appointed as a notary public in this state shall procure a seal or stamp, on which shall be engraved or impressed the words "Notary Public" and "State of Washington," the date the commission expires, the person's surname and at least the initials of the person's first and middle names. The director shall prescribe by rule the size and form or forms of the seal or stamp.

NEW SECTION. Sec. 4. CERTIFICATE OF APPOINTMENT. The director shall deliver to each person appointed as a notary public a certificate evidencing the appointment. The certificate may be signed in facsimile by the governor, the secretary of state, and the director or the director's designee. The certificate shall bear a printed seal of the state of Washington.

NEW SECTION. Sec. 5. TERM OF OFFICE. A person appointed and commissioned as a notary public by the director may perform notarial acts in this state for a term of four years, unless:

(1) The notarial commission has been revoked under section 14 or 15 of this act; or

(2) The notarial commission has been resigned.

NEW SECTION. Sec. 6. REAPPOINTMENT. A person who has received an appointment and commission as a notary public and desires to be reappointed and recommissioned shall, prior to the expiration date of the preceding commission, submit a new application and must qualify under sections 2 through 5 of this act, however, the endorsement by three persons under section 2 of this act is not required.

NEW SECTION. Sec. 7. PERFORMANCE OF NOTARIAL ACTS. A notary public is authorized to perform notarial acts in this state as defined in section 1(2) of this act. Notarial acts shall be performed in accordance with the following, as applicable:

(1) In taking an acknowledgment, a notary public must determine, either from personal knowledge or from satisfactory evidence, that (a) the person making the acknowledgment is the person who signed the instrument, and (b) the person made the acknowledgment.

(2) In taking a verification upon oath or affirmation, a notary public must determine, either from personal knowledge or from satisfactory evidence, that (a) the person making the verification is the person who made the statement, and (b) the person made the statement as a verification upon oath or affirmation.

(3) In witnessing or attesting a signature a notary public must determine, either from personal knowledge or from satisfactory evidence, that the signature is that of the person named therein.

(4) 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.

(5) In noting a protest of a negotiable instrument a notary public performs the act described in RCW 62A.3-509.

(6) A notary public has satisfactory evidence that a person is the person described in a document if that person is reasonably identified to the notary public by independent means. A notary public has satisfactory evidence that a person acknowledged an instrument, made a verification upon oath or affirmation, or signed a document if (a) the person performs the act in the notary public's presence, (b) the notary public is familiar with the person's signature and course of conduct in similar matters, or (c) the notary public makes a reasonable independent inquiry to verify the performance of the act by the person identified in the notarial certificate.

(7) The signature and title of a notary public or other person authorized to perform a notarial act are prima facie evidence that the signature of the notary or other person authorized to perform a notarial act is genuine and that the person holds the designated title.

(8) A notary public is disqualified from performing a notarial act when the notary is a signer of the document that is to be notarized.

NEW SECTION. Sec. 8. CERTIFICATE AND AFFIXATION OF SEAL OR STAMP. (1) A notary act must be evidenced by a certificate signed and dated by a notary public or other person authorized to perform a notarial act. The certificate must include the name and title of the notary public or other person authorized to perform a notarial act, and shall, if signed by a notary public, be accompanied by an impression of the official stamp or seal of office. If the officer is a notary public, the certificate must also indicate the date of expiration, if any, of the commission of office, but omission of that information may subsequently be corrected. If the person performing a notarial act is a commissioned officer in active service with the military forces of the United States, it must also include the officer's rank. 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.

(2) A certificate of a 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 section 9 of this act; or

(b) Is in a form otherwise prescribed by the laws of this state; 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 acts.

(3) By executing a certificate of a notarial act, the notary public certifies that he or she has made the determinations required by section 7 of this act.

(4) A notary public's official notarial seal shall be the exclusive property of the notary public, shall not be used by any other person, and shall not be surrendered to an employer upon termination of employment, regardless of whether the employer paid for the seal or for the notary's bond or commissioning fees.

NEW SECTION. Sec. 9. SHORT FORMS. The following short forms of notarial acts are sufficient for the purposes indicated, if completed with the information required by subsection (1) of this section:

(1) For an acknowledgment in an individual capacity:

!ixState of !sc_,010

!ix(County) of !sc_,010

I certify that I know or have satisfactory evidence that (name of person) signed this instrument and acknowledged it.

!tlDated: !w_

!tl!w_

!tl(Signature of notarial officer)

!ix(Seal, if any)

!tl!w_

!tlTitle

(2) For an acknowledgment in a representative capacity:

!ixState of !sc_,010

!ixCounty of !sc_,010

I certify that I know or have satisfactory evidence that (name of person) signed this instrument and acknowledged it as (type of authority, e.g., officer, trustee, etc.) of (name of party on behalf of whom instrument was executed).

Dated: !sc_,010

!tl!w_

!tl(Signature of notarial officer)

!ix(Seal, if any)

!tl!w_

!tlTitle

(3) For a verification upon oath or affirmation:

!ixState of !sc_,010

(County) of !sc_,010

Signed and sworn to (or affirmed) by (name of person making statement).

Dated: !sc_,010

!tl!w_

!tl(Signature of notarial officer)

!ix(Seal, if any)

!tl!w_

!tlTitle

(4) For witnessing or attesting a signature:

!ixState of !sc_,010

(County) of !sc_,010

I certify that I know or have satisfactory evidence that !sc_,010 signed this document.

Dated: !sc_,010

!tl!w_

!tl(Signature of notarial officer)

!ix(Seal, if any)

!tl!w_

!tlTitle

(5) For attestation of a copy of a document:

!ixState of !sc_,010

(County) of !sc_,010

I certify that this is a true and correct copy of a document in the possession of !sc_,010.

Dated: !sc_,010

!tl!w_

!tl(Signature of notarial officer)

!ix(Seal, if any)

!tl!w_

!tlTitle

NEW SECTION. Sec. 10. ILLEGIBILITY. The illegibility of any wording, writing, or marking required by this chapter does not affect the validity of a document or transaction.

NEW SECTION. Sec. 11. FEES. (1) A notary public may charge but not exceed the following amounts for services:

(a) For attesting any instrument of writing with or without seal or stamp, three dollars;

(b) For taking an acknowledgment, two persons, with seal or stamp, three dollars;

(d) For certifying an affidavit, with or without seal or stamp, three dollars; and

(e) For noting a protest of a negotiable instrument, three dollars.

(2) All public officers who are paid a salary in lieu of fees shall collect the prescribed fees for the use of the employing government entity.

(3) A notary public may charge a travel fee when traveling to perform a notarial act if:

(a) The notary states to the person requesting the notarial act that the travel fee is separate from the notarial fee and is neither specified nor mandated by law; and

(b) The notary and the person requesting the notarial act agree upon the fee in advance.

(4) A notary public need not charge fees for notarial acts.

NEW SECTION. Sec. 12. NON-ENGLISH ADVERTISEMENTS. A nonattorney notary who advertises notarial services in a language other than English shall include in any advertisement or sign, this statement in the non-English language, prominently displayed: "I am not an attorney and therefore am not authorized to give legal advice."

NEW SECTION. Sec. 13. NOTARIAL ACTS IN OTHER JURISDICTIONS OF THE UNITED STATES. (1) A notarial act has the same effect under the laws of this state as if performed by a notary public of this state, if performed in another state, commonwealth, territory, district, or possession of the United States by any of the following persons:

(a) A notary public of that jurisdiction;

(b) A judge, clerk, or deputy clerk of a court of that jurisdiction; or

Notarial acts performed in other jurisdictions of the United States under federal authority as provided in section 14 of this act have the same effect as if performed by a notarial officer of this state.

(2) The signature and title of a person performing a notarial act are prima facie evidence that the signature is genuine and that the person holds the designated title.

(3) The signature and title of an officer listed in subsection (1) (a) and (b) of this section conclusively establish the authority of a holder of that title to perform a notarial act.

NEW SECTION. Sec. 14. NOTARIAL ACTS UNDER FEDERAL AUTHORITY. (1) A notarial act has the same effect under the law of this state as if performed by a notary public of this state if performed by any of the following persons under authority granted by the law of the United States:

(a) A judge, clerk, or deputy clerk of a court;

(b) A commissioned officer in active service with the military forces of the United States;

(d) Any other person authorized by federal law to perform notarial acts.

(2) The signature and title of a person performing a notarial act are prima facie evidence that the signature is genuine and that the person holds the designated title.

(3) The signature and title or rank of an officer listed in subsection (1) (a), (b), and (c) of this section conclusively establish the authority of a holder of that title to perform a notarial act.

NEW SECTION. Sec. 15. FOREIGN NOTARIAL ACTS. (1) A notarial act has the same effect under the law of this state as if performed by a notary public of this state if performed within the jurisdiction of and under authority of a foreign nation or its constituent units or a multinational or international organization by any of the following persons:

(a) A notary public or notary;

(b) A judge, clerk, or deputy clerk of a court of record; or

(2) An "apostille" in the form prescribed by the Hague Convention of October 5, 1961, conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the designated office.

(3) A certificate by a foreign service or consular officer of the United States stationed in the nation under the jurisdiction in which the notarial act was performed, or a certificate by a foreign service or consular officer of that nation stationed in the United States, conclusively establishes any matter relating to the authenticity or validity of the notarial act set forth in the certificate.

(4) An official stamp or seal of the person performing the notarial act is prima facie evidence that the signature is genuine and that the person holds that designated title.

(5) An official stamp or seal of an officer listed in subsection (1) or (2) of this section is prima facie evidence that a person with that title has authority to perform notarial acts.

(6) If the title of officer and indication of authority to perform notarial acts appears either in a digest of foreign law or in a list customarily used as a source for that information, it conclusively establishes the authority of an officer with that title to perform notarial acts.

NEW SECTION. Sec. 16. PENALTIES FOR OFFICIAL MISCONDUCT OR IMPERSONATION. (1) A notary public or other person authorized to perform notarial acts commits official misconduct when he or she signs a certificate evidencing a notarial act, knowing that the contents of the certificate are false.

(2) A notary public who knowingly commits an act of official misconduct shall be guilty of a misdemeanor.

(3) Any person not a lawfully licensed notary who acts as or otherwise impersonates a notary shall be guilty of a misdemeanor.

NEW SECTION. Sec. 17. REVOCATION OF COMMISSION. The director may revoke the commission of any notary public who:

(a) Has been convicted of a crime of moral turpitude;

(b) Has had a notary license or other professional license revoked, suspended, or restricted in this or any other state;

(c) Has engaged in official misconduct as defined in section 16(1) of this act, whether or not criminal penalties resulted; or

(d) Has performed a notarial act or acts in a manner evidencing gross negligence, a course of negligent conduct, or reckless disregard of his or her responsibility under this chapter as a notary public.

NEW SECTION. Sec. 18. EVIDENCE OF AUTHENTICITY OF NOTARIAL ACT. (1) The authenticity of the notarial seal and official signature of a notary public of this state may be evidenced by:

(a) A certificate of authority from the director, authenticated as necessary; or

(b) An apostille from the director in the form prescribed by the Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents of October 5, 1961.

(2) An apostille as specified by the Hague Convention shall be attached to any document requiring authentication that is sent to a nation that has signed and ratified the Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents.

NEW SECTION. Sec. 19. RULES. The director shall, before December 31, 1985, adopt rules to aid in carrying out the provisions of this chapter, and shall adopt additional rules thereafter as necessary. Such rules shall include but not be limited to rules concerning applications for appointment and commissioning, the replacement of lost or stolen seals or stamps, changes of names or addresses of notaries, resignations of notaries, appeals of denials and revocations of appointments and commissions, and issuance of evidences of authenticity of notarial seals and signatures.

NEW SECTION. Sec. 20. EFFECT OF ENACTMENT. Nothing in this act shall be interpreted to revoke any notary public commission existing as of the effective date of this act. The enactment of this act shall not have the effect of terminating, or in any way modifying, any liability, civil or criminal, that is already in existence on the effective date of this act. A notarial act performed before the effective date of this act is not affected by this act.

NEW SECTION. Sec. 21. EXISTING COUNTY RECORDS. Records relating to the appointment and commissioning of notaries public that are, as of the effective date of this act, in the custody of county clerks of this state, shall be transferred to the director on or before December 31, 1985. Such records may be archived by the director.

NEW SECTION. Sec. 22. UNIFORMITY OF APPLICATION AND CONSTRUCTION. Sections 1, 7, 8, 9, 13, 14, and 15 of this act shall be applied and construed to effectuate its general purpose to make uniform law with respect to the subject of this act among states enacting such sections of this act.

NEW SECTION. Sec. 23. The following acts or parts of acts are each repealed:

(1) Section 1, page 473, Laws of 1890, section 1, chapter 137, Laws of 1907, section 1, chapter 6, Laws of 1937 and RCW 42.28.010;

(2) Section 1, page 52, Laws of 1862, section 1, page 501, Laws of 1863, section 1, page 375, Laws of 1869, section 3, page 467, Laws of 1873, section 2615, Code of 1881, section 2, page 473, Laws of 1890 and RCW 42.28.020;

(3) Section 3, page 473, Laws of 1890, section 1, chapter 85, Laws of 1975 1st ex. sess., section 1, chapter 314, Laws of 1981 and RCW 42.28.030;

(4) Section 5, chapter 85, Laws of 1975 1st ex. sess. and RCW 42.28.035;

(5) Section 4, page 474, Laws of 1890 and RCW 42.28.040;

(6) Section 1, chapter 32, Laws of 1913 and RCW 42.28.050;

(7) Section 5, page 474, Laws of 1890, section 2, chapter 85, Laws of 1975 1st ex. sess. and RCW 42.28.060;

(8) Section 6, page 474, Laws of 1890, section 3, chapter 85, Laws of 1975 1st ex. sess. and RCW 42.28.070;

(9) Section 1, chapter 56, Laws of 1907, section 7, chapter 51, Laws of 1951, section 4, chapter 85, Laws of 1975 1st ex. sess., section 1, chapter 214, Laws of 1983 and RCW 42.28.090;

(10) Section 10, page 255, Laws of 1877, section 2623, Code of 1881, section 9, page 475, Laws of 1890 and RCW 42.28.100;

(11) Section 10, page 476, Laws of 1890, section 1, chapter 97, Laws of 1943 and RCW 42.28.110;

(12) Section 1, page 90, Laws of 1890, section 1, page 91, Laws of 1890 and RCW 42.28.120;

(13) Section 2, page 90, Laws of 1890 and RCW 42.28.130;

(14) Section 23, chapter 197, Laws of 1983 and RCW 43.131.299; and

(15) Section 49, chapter 197, Laws of 1983 and RCW 43.131.300.

NEW SECTION. Sec. 24. SECTION HEADINGS. Section headings as used in this act do not constitute any part of the law.

NEW SECTION. Sec. 25. Sections 1 through 19 of this act are each added to chapter 42.28 RCW.

NEW SECTION. Sec. 26. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.