Z-1456               _______________________________________________

 

                                                   HOUSE BILL NO. 1503

                        _______________________________________________

 

State of Washington                              50th Legislature                              1988 Regular Session

 

By Representatives P. King, Padden and Meyers

 

 

Read first time 1/18/88 and referred to Committee on Judiciary.

 

 


AN ACT Relating to acknowledgments; and amending RCW 64.08.050, 64.08.060, 64.08.070, and 42.44.100.

 

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

 

        Sec. 1.  Section 6, chapter 33, Laws of 1929 and RCW 64.08.050 are each amended to read as follows:

          The officer, or person, taking an acknowledgment as in this ((act)) chapter provided, shall certify the same by a certificate written upon or annexed to the instrument acknowledged and signed by him or her and sealed with his or her official seal, if any ((he has)), and reciting in substance that the person, or persons, known to him or her as, or determined by satisfactory evidence to be, the person, or persons, whose name, or names, are signed to the instrument as executing the same, acknowledged before him or her on the date stated in the certificate that he, she, or they, executed the same freely and voluntarily((, on the date stated in the certificate)).  Such certificate shall be prima facie evidence of the facts therein recited.  The officer or person taking the acknowledgment has satisfactory evidence that a person is the person whose name is signed on the instrument if that person:  (1) Is personally known to the officer or person taking the acknowledgment;  (2) is identified upon the oath or affirmation of a credible witness personally known to the officer or person taking the acknowledgment; or (3) is identified on the basis of identification documents.

 

        Sec. 2.  Section 13, chapter 33, Laws of 1929 and RCW 64.08.060 are each amended to read as follows:

          A certificate of acknowledgment for an individual, substantially in the following form or, after December 31, 1985, substantially in the form set forth in RCW 42.44.100(1), shall be sufficient for the purposes of this chapter and for any acknowledgment required to be taken in accordance with this chapter:

 

@p4!ix!tn1State of!sc ,001@w1 !tcü

!tcý ss.

County of!sc ,001@w1 !tc_!te

 

@p0    @bvOn 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 or they) signed the same as his (her or their) free and voluntary act and deed, for the uses and purposes therein mentioned.  Given under my hand and official seal this ..... day of .......... ,   19.. .  (Signature of officer and official seal)

          If acknowledgment is taken before a notary public of this state the signature shall be followed by substantially the following:  Notary Public in and for the state of Washington, residing at ............... ,  (giving place of residence).

 

        Sec. 3.  Section 14, chapter 33, Laws of 1929 and RCW 64.08.070 are each amended to read as follows:

          A certificate((s)) of acknowledgment ((of an instrument acknowledged by)) for a corporation ((shall be in)), substantially in the following form or, after December 31, 1985, substantially in the form set forth in RCW 42.44.100(2), shall be sufficient for the purposes of this chapter and for any acknowledgment required to be taken in accordance with this chapter:

 

@p4!ix!tn1State of!sc ,001@w1 !tcü

!tcý ss.

County of!sc ,001@w1 !tc_!te

 

@p0    On this ..... day of .......... ,   19.. , before me personally appeared .......... , 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 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 title of officer with place of residence of notary public.)

 

        Sec. 4.  Section 10, chapter 156, Laws of 1985 and RCW 42.44.100 are each amended to read as follows:

          The following short forms of notarial certificates are sufficient for the purposes indicated, if completed with the information required by this section:

          (1) For an acknowledgment in an individual capacity:

 

!ixState of Washington

!ixCounty of !sc_,10

          I certify that I know or have satisfactory evidence that!sc ,1@be!sc ,3(name of person)!sc ,3@ee!sc ,1 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.

 

!tp1,1 @lb      Dated:  !sc_,10

!tl!w_

!tl(Signature ((of notary public)))

!ix(Seal or stamp)

 

!tl!w_

!tlTitle

@la !tlMy appointment expires !w_

 

          (2) For an acknowledgment in a representative capacity:

 

!ixState of Washington

!ixCounty of !sc_,10

          I certify that I know or have satisfactory evidence that!sc ,1@be!sc ,3(name of person)!sc ,3@ee!sc ,1 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 !sc ,1@be!sc ,3(type of authority, e.g., officer, trustee, etc.)!sc ,3@ee!sc ,1of !sc ,1@be!sc ,3(name of party on behalf of whom instrument was executed)!sc ,3@ee!sc ,1to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.

 

@lb    Dated:  !sc_,10

!tp1,1 !tl!w_

!tl(Signature ((of notary public)))

!ix(Seal or stamp)

 

!tl!w_

!tlTitle

@la !tlMy appointment expires !w_

 

          (3) For a verification upon oath or affirmation:

 

!ixState of Washington

!ixCounty of !sc_,10

          Signed and sworn to (or affirmed) before me on !sc ,1@be!sc ,3(date)!sc ,3@ee!sc ,1by !sc ,1@be!sc ,3(name of person making statement)@ee.

 

!tp1,1 @lb!tl!w_

!tl(Signature ((of notary public)))

@la !ix(Seal or stamp)

 

@lb!tl!w_

!tlTitle

@la !tlMy appointment expires !w_

 

          (4) For witnessing or attesting a signature:

 

!ixState of Washington

!ixCounty of !sc_,10

          Signed or attested before me on !sc_,5 by !w_.

 

!tp1,1 @lb!tl!w_

!tl(Signature ((of notary public)))

@la !ix(Seal or stamp)

 

@lb!tl!w_

!tlTitle

@la !tlMy appointment expires !w_

 

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

 

!ixState of Washington

!ixCounty of !sc_,10

          I certify that this is a true and correct copy of a document in the possession of !sc_,15 as of this date.

          Dated:  !sc_,10

!tp1,1@lb!tl!w_

!tl(Signature ((of notary public)))

@la !ix(Seal or stamp)

 

@lb!tl!w_

!tlTitle

@la !tlMy appointment expires !w_

 

          (6) For certifying the occurrence of an event or the performance of an act:

 

!ixState of Washington

!ixCounty of !sc_,10

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

          Dated:  !sc_,10

!tp1,1 @lb!tl!w_

!tl(Signature ((of notary public)))

@la !ix(Seal or stamp)

 

@lb!tl!w_

!tlTitle

@la !tlMy appointment expires !w_