In-Person Paper/Electronic Notarizations
Am I required by law to maintain a notary journal in Washington?
Yes, a notary public in the State of Washington must maintain a notary journal.
“A notary public shall maintain a journal in which the notary public chronicles all notarial acts that the notary public performs” (RCW 42.45.180[1]).
Exceptions
“Notwithstanding any other provision of this chapter requiring a notary public to maintain a journal, a notary public who is an attorney licensed to practice law in this state is not required to chronicle a notarial act in a journal if documentation of the notarial act is otherwise maintained by professional practice” (RCW 42.45.180[2]).
Journal format
Paper journal required, electronic journal acceptable under certain circumstances notes below
Paper Journal:
“The journal must be a permanent, bound register with numbered pages. An electronic records notary public may also maintain an electronic format journal, which can be kept concurrently with the tangible journal. The electronic journal must be in a permanent, tamper-evident electronic format complying with the rules of the director” (RCW 42.45.180[3]).
“A tangible notarial journal shall: “(a) Be a permanent, bound book with numbered pages; …” (WAC 308-30-200[1]).
Electronic Journal:
“If a notary public keeps an electronic journal pursuant to RCW 42.45.180(3), the electronic journal shall:
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(a) Be maintained only in addition to the tangible journal;
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(b) Have the capacity to record the information required for a tangible notarial journal;
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(c) Enable access by a password or other secure means of authentication;
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(d) Be tamper-evident;
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(e) Create a duplicate record of the journal as a backup; and
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(f) Be capable of providing tangible or electronic copies of any entry made in the journal” (WAC 308-30-200[2]).
Journal entry requirements
“An entry in a journal must … contain the following information:
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(a) The date and time of the notarial act;
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(b) A description of the record, if any, and type of notarial act;
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(c) The full name and address of each individual for whom the notarial act is performed; and
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(d) Any additional information as required by the director in rule” (RCW 42.45.180[4]).
“A tangible notarial journal shall… (b) Have the capacity to record for each notarial act:
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(i) The information required by RCW 42.45.180(4);
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(ii) A description of the notary public’s method of identifying the principal; and
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(iii) The principal’s signature, or the signature of an authorized party in compliance with RCW 42.45.070, or a notation in the notary journal that the notarial act was performed via remote notarization” (WAC 308-30-200[1][b]).
Journal retention
10 years
“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 to be destroyed as required by the director in rule upon completion of the ten-year period” (RCW 42.45.180[1]).
What happens to the journal upon resignation or death?
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“On resignation from, or the revocation or suspension of, a notary public’s commission, the notary public shall retain the notary public’s journal in accordance with subsection (1) of [RCW 42.45.180] and inform the department where the journal is located” (RCW 42.45.180[6]).
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“The personal representative or guardian of a notary public shall follow RCW 42.45.180(6) related to the disposition of the notary public’s journals upon the death or adjudication of incompetency of the notary public” (WAC 308-30-210[3]).
Remote Online Notarizations
Is Remote Online Notarization (RON) approved in the State of Washington?
Yes, notaries in the State of Washington are authorized to perform remote online notarizations
Do I have to record the Remote Online Notarization session?
Yes
“An electronic records notary public located in this state may perform a notarial act using communication technology for a remotely located individual if … [t]he electronic records notary public, or a person acting on behalf of the electronic records notary public, creates an audio-visual recording of the performance of the notarial act” (RCW 42.45.280[3][c]).
What is the retention period for RON recordings?
10 years
“An electronic records notary public, a guardian, conservator, or agent of an electronic records notary public, or a personal representative of a deceased electronic records notary public shall retain the audio-visual recording created under subsection (3)(c) of [RCW 42.45.280] or cause the recording to be retained by a repository designated by or on behalf of the person required to retain the recording. Unless a different period is required by rule adopted under subsection (8)(d) of [RCW 42.45.280], the recording must be retained for a period of at least ten years after the recording is made” (RCW 42.45.280[6]).
Do I have to log RON sessions in a journal?
Yes, Washington law requires the notary to log the RON session in their journal
Journal format
Paper journal required, electronic journal acceptable under certain circumstances notes below
Paper Journal:
“The journal must be a permanent, bound register with numbered pages. An electronic records notary public may also maintain an electronic format journal, which can be kept concurrently with the tangible journal. The electronic journal must be in a permanent, tamper-evident electronic format complying with the rules of the director” (RCW 42.45.180[3]).
“A tangible notarial journal shall: “(a) Be a permanent, bound book with numbered pages; …” (WAC 308-30-200[1]).
Electronic Journal:
“If a notary public keeps an electronic journal pursuant to RCW 42.45.180(3), the electronic journal shall:
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(a) Be maintained only in addition to the tangible journal;
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(b) Have the capacity to record the information required for a tangible notarial journal;
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(c) Enable access by a password or other secure means of authentication;
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(d) Be tamper-evident;
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(e) Create a duplicate record of the journal as a backup; and
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(f) Be capable of providing tangible or electronic copies of any entry made in the journal” (WAC 308-30-200[2]).
Journal entry requirements
“An entry in a journal must … contain the following information:
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(a) The date and time of the notarial act;
-
(b) A description of the record, if any, and type of notarial act;
-
(c) The full name and address of each individual for whom the notarial act is performed; and
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(d) Any additional information as required by the director in rule” (RCW 42.45.180[4]).
“A tangible notarial journal shall… (b) Have the capacity to record for each notarial act:
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(i) The information required by RCW 42.45.180(4);
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(ii) A description of the notary public’s method of identifying the principal; and
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(iii) The principal’s signature, or the signature of an authorized party in compliance with RCW 42.45.070, or a notation in the notary journal that the notarial act was performed via remote notarization” (WAC 308-30-200[1][b]).
RON recordings & journal upon resignation?
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“The notary public, or the notary’s personal representative, shall provide access instructions to the department for any electronic journal maintained or stored by the notary, upon commission resignation, revocation, or expiration without renewal, or upon the death or adjudicated incompetence of the notary” (WAC 308-30-210[5]).
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“Ten years after the performance of the last notarial act chronicled in an electronic journal, the journal is to be destroyed by deleting any remaining records pertaining to the electronic journal and deleting any remaining tamper-evident technology in the notary’s possession” (WAC 308-30-210[2]).
Repositories
“A notary public, or the notary's personal representative or guardian, may by written contract engage a third party to act as a repository to provide the storage required by this section. A third party under contract under this section shall be deemed a repository under RCW 42.45.280(6)” (WAC 308-30-330[7]).
“Any contract under subsection (7) of [WAC 308-30-330] must:
(a) Enable the notary public, or the notary's personal representative or guardian, to comply with the retention requirements of this section even if the contract is terminated; or
(b) Provide that the information will be transferred to the notary public, or to the notary's personal representative or guardian, if the contract is terminated” (WAC 308-30-330[8]).
Reference Links
Helpful resources for Washington Notaries
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Washington State Notary Public Guide
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Washington State Notary Statutes
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“A Notary’s Guide to Completing Journal Entries”
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