Loading...
HomeMy WebLinkAboutHandout - Notorial Act 2/8/2018 Revised Uniform Law on Notarial Acts Presentation FEBRUARY,2018 Department Staff Department Staff Notary Division Pat Kohler:Director of Licensing °Dee Sharp:Program Manager Kathleen Drew:Assistant Director of °Debra Allen-Ba:Licensing Services Businesses and Professions Manager Jerry McDonald:Real Estate °Max Weeks:Management Analyst Administrator °4 Customer Support Specialists °Terry Rodgers:Real Estate Assistant Administrator Statistics Contact Information 75licensees Phone:(3601664-1550 °Processing apx.100 claims/tear °Email:notaries@dol.wa.gov °Apo.6000 LISTSERV participants Law and Rule Changes As of July 1st,notaries will be allowed to perform • notarizations on electronic documents. Key Changes °"Electronic Records Notary Public endorsement" Tamper-evident technology Approval standards are work in progress Journal of notarial acts °One physical,one digiel 1 2/8/2018 Electronic Records Notary Public Endorsement Endorsement is issued by Department of Licensing •$15 Application Fee,separate from commission application fee Applicant must either already be a notary,or be applying to become one at the same time. Endorsement application may be filed online at www.dol.wa.gov/business/notary Endorsement lasts for the duration of the notary's commission Electronic Notarizations "Tamper-evident technology"required Tamper-evident technology available through third- Docu.)."''�"'' party providers Allows for notary's signature and seal to be digitally docierifs,r affixed o Technology marks document if signature or seal is modified PAN Remote Notarizations Remote notarizations not allowed Electronic notarization:All parties and notary physically present Remote notarization:Parties are geographically separated 111, A*? r. Remote notarizations.over Skype,etc. Electronic notarations:all parties together 2 2/8/2018 Journal Requirement Notaries required to keep a journal of all notarial acts. Only one physical,bound journal allowed An electronic notary may also keep a digital journal that duplicates theirphysical journal Each entry must contain at least: Date and time of act Brief description of the document/act being notarir o Name and address of signing parties Description of method of identifying signing party Signing party's signature Sample Journal Entry Pats Tart Taoatir 'Oaciment .N , T„aidp .. awrsarasw rr Naga cwmos 90,M1949109199,09.9'snom. ,I Additional Changes Other changes coming to notary laws and rules: New notary stamps must have commission number Notaries may accept identification that is less than three years expired Notaries may not notarize the signature of their spouse,or where they have a financial interest Notarial certificates must be in English,or in dual-languages so long as one is English 3 2/8/2018 Questions? Email:Notaries@dol.wa.gov Phone:(360)664-1550 Sign up for our LISTSERV at http://www.dol.wa.gov/business/notary/ 4 `- --•. .. �. . ivxAll.lAL AL.IJ rage i or IS Chapter 42.45 RCW REVISED UNIFORM LAW ON NOTARIAL ACTS Chapter Liating Sections 42.45.010 Definitions. 42.45.020 Authority to perform notarial act. 42.46.030 Certain notarial acts—Requirements. 42.45.040 Personal appearance. 42.45,050 Identification of individual. 42.45.060 Refusal to perform notarial act. 42.45.070 Individual unable to sign—Signature. 42.45.080 Notarial act in this state. 42,45.090 Notarial act in another state—Effect in this state. 42.45.100 Notarial act under authority of federally recognized Indian tribe. 42.45.110 Notarial act under federal authority. 42.45.120 Foreign notarial act. 42.45.130 Certificate of notarial act. 42.45.140 Short form certificates. 42.45.150 Official stamp. 42.45.160 Stamping device--Security. 42.45.170 Fees. 42.45.180 Journal. 42.45.190 Notarial acts on electronic records—Technology—Notification—Standards. 42.45.200 Commission—Qualifications—Oath—Surety bond—Commission term—Electronic records notary public. 42.45.210 Grounds to deny, refuse to renew, revoke, suspend, or condition commission of notary public. 42.45.220 Database of notaries public. 42.45.230 Prohibited acts. 42.45.240 Validity of notarial acts. 42.45.250 Rules. 42.45.260 Commissions in effect July 1, 2018—Continuation. 42.45.270 Uniform regulation of business and professions act—Application. 42.45.900 Short title. 42.45,901 Application. 42.45.902 Savings. 42.45.903 Application—Construction. 42.45,904 Relation to electronic signatures in global and national commerce act. 42.45.905 Effective date-2017 c 281. 42.45.010 Definitions. (Effective July 1, 2018.) http://app.leg.wa.gov/RCW/default.aspx?cite=42.45&full=true 2/13/2018 Chapter 42.45 RCW: REVISED UNIFORM LAW ON NOTARIAL ACTS Page 2 of 18 , r, In this chapter: (1) "Acknowledgment" means a declaration byof th'vidual in the presence of a notarial e individual's free will for the purpose officer stating that the individual has signed a record stated in the record and, if the record is signed in a representative authority signed the the c of the declares that he or she signed the record with properY individual or entity identified in the record. (2) "Department" means the department of licensing. (3) "Director" means the director of licensing or the director's designee. (4) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (5) "Electronic records notary public" means an individual commissioned by the director to perform a notarial act with respect to electronic records. court reporting in c a t 281,ervier aws of 2017 authorizes an electronic records notary public to p (6) "Electronic signature" means an electronic symbol, sound, or process attached to or logically associated with a record and executed or adopted by an individual with the intent to sign the record. (7) "In a representative capacity" means acting as: (a) An authorized officer, agent, partner, trustee, or other representative for a person other than an individual; (b) A public officer, personal representative, guardian, or other representative, in the capacity stated in a record; (c)An agent or attorney-in-fact for a principal; or (d)An authorized representative of another in any other capacity. (8) "Notarial act" means an act, whether performed with respect to a tangible or electronic record, that a notarial officer may perform under the law of this state. The term includes taking an acknowledgment, administering an oath or affirmation, taking a verificationcertifying on th or affirmation, witnessing or attesting a signature, certifying or attesting a copy, the occurrence of an event or the performance of an act, and noting a protest of a negotiable instrument if the protest was prepared under the authority of an attorney licensed to practice law in this state or another state, or was prepared under the authority of a financial institution that is regulated by this state, another state, or the federal government. (9) "Notarial officer" means a notary public or other individual authorized to perform a notarial act. (10) "Notary public" means an individual commissioned to perform a notarial act by the director. (11) "Official stamp" means a physical image affixed to or embossed on a tangible record or an electronic image attached to or logically associated with an electronic record. (12) "Person" means an individual, corporation, business trust, statutory trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. (13) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in human perceivable form. (14) "Sign" means, with present intent to authenticate or adopt a record: (a)To execute or adopt a tangible symbol; or (b)To attach to or logically associate with the record an electronic symbol, sound, or process. httn•Hann_leg.wa.sov/RCW/default.aspx?cite=42.45&full=true 2/13/2018 immorrmum LA... ,,,. 1. 1 nI.�hL hk.,13 rage .5 or 1 b (15) "Signature" means a tangible symbol or an electronic signature that evidences the signing of a record. (1 6) "Stamping device" means: (a)A physical device capable of affixing to or embossing on a tangible record an official stamp; or (b)An electronic device or process capable of attaching to or logically associating with an electronic record an official stamp. (17) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. (18) 'Verification on oath or affirmation" means a declaration, made by an individual on oath or affirmation before a notarial officer, that a statement in a record is true. [ 2017c281 § 2.] 42.45.020 Authority to perform notarial act. (Effective July 1, 2018.) (1)A notarial officer may perform a notarial act authorized by this chapter or by law of this state other than this chapter. (2)(a)A notarial officer may not perform a notarial act with respect to a record to which the officer or the officer's spouse or domestic partner is a party, or in which any of the above have a direct beneficial interest. (b)A notarial officer may not notarize the notarial officer's own signature. (c)A notarial act performed in violation of this subsection (2) is voidable. [ 2017c281 § 4.] 42.45.030 Certain notarial acts—Requirements. (Effective July 1, 2018.) (1)A notarial officer who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the acknowledgment has the identity claimed and that the signature on the record is the signature of the individual. (2) A notarial officer who takes a verification of a statement on oath or affirmation shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the verification has the identity claimed and that the signature on the statement verified is the signature of the individual. (3)A notarial officer who witnesses or attests to a signature shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and signing the record has the identity claimed. http://app.leg.wa.gov/RCW/default.aspx?cite=42.45&full=true 2/13/2018 Chapter 42.45 RCW: REVISED UNIFORM LAW ON NOTARIAL ACTS Page 4 of 18 , (4) A notarial officer who certifies or attests a copy of a record or an item that was copied shall compare the copy with the original record or item and determine that the copy is a full, true, and accurate transcription akeor ropnnote al record protest of a negotiable instrument only if the (5) A notarial officer may notarial officer is licensed to practice law in this state, acting under the authority of an attorney who is licensed to practice law in this or another state, or acting under the authority of a financial institution regulated by this state, another federal government.licensed attorney lshalaking or noting a protest of a negotiable instrument the notarial officer or determine the matters set forth in RCW 62A.3-505(b). [ 2017c281 § 5.] .. ............ 42.45.040 Personal appearance. (Effective July 1, 2018.) If a notarial act relates to a statement made in or a signature executedon record, individual making the statement or executing the signature shall appearpersonally before the notarial officer. [ 2017c281 § 6.] 42.45.050 Identification of individual. (Effective July 1, 2018.) (1)A notarial officer has personal knowledge of the identity of an individual appearing before the officer if the individual is personally lly known hato the e dofficer nt to through dealings sufficient to provide reasonable certainty that the in laimed. (2) A notarial officer has satisfactory evidence of the identity of an individual appearing before the officer if the officer can identify the individual: (a) By means of: (i)A passport, driver's license, or government-issued nondriver identification card, which is current or expired not more than three years before performance of the notarial act; or (ii) Another form of government identification issued to an individual, which is current or expired not more than three years before performance of the notarial act, contains the signature or a photograph of the individual, and is satisfactory to the officer; or (b) By a verification on oath or affirmation of a credible witness personally appearing before the officer and personally known to the officer and who provides satisfactory evidence of his or her identity as described in (a) of this subsection. (3) A notarial officer may require an individual to provide additional information or identification credentials necessary to assure the officer of the identity of the individual. [ 2017c281 § 7.] httn•Hann.lea.wa.gov/RCW/default.aspx?cite=42.45&full=true 2/13/2018 _ _ _ 42.45.060 Refusal to perform notarial act. (Effective July 1, 2018.) (1)A notarial officer has the authority to refuse to perform a notarial act if the officer is not satisfied that: (a) The individual executing the record is competent or has the capacity to execute the record; or (b) The individual's signature is knowingly and voluntarily made. (2)A notarial officer has the authority to refuse to perform a notarial act unless refusal is prohibited by law other than this chapter. [ 2017c281 § 8.] 42.45.070 Individual unable to sign—Signature. (Effective July 1, 2018.) Except as otherwise provided in RCW 64.08.100, if an individual is physically unable to sign a record, the individual may direct an individual other than the notarial officer to sign the individual's name on the record. The notarial officer shall insert "signature affixed by (name of other individual) at the direction of(name of individual)"or words of similar import. [ 2017c281 § 9.] 42.45.080 Notarial act in this state. (Effective July 1, 2018.) (1)A notarial act may be performed in this state by: (a) A notary public of this state; (b)A judge, clerk, or deputy clerk of a court of this state; or (c)Any other individual authorized to perform the specific act by the law of this state. (2) The signature and title of an individual authorized by chapter 281, Laws of 2017 to perform a notarial act in this state are prima facie evidence that the signature is genuine and that the individual holds the designated title. (3) The signature and title of a notarial officer described in subsection (1)(a) or(b) of this section conclusively establishes the authority of the officer to perform the notarial act. [ 2017c281 § 10.] 42.45.090 Notarial act in another state—Effect in this state. (Effective July 1, 2018.) http://app.leg.wa.gov/RCW/default.aspx?cite-42.45&full—true 2/13/2018 maw Chapter 42.45 RCW: REVISED UNIFORM LAW ON NOTARIAL ACTS Page 6 of 18 (1) A notarial act performed in another state ifhas the the act sameunderthe state is performed as if performed by a notarial officer of this state, performed in by: (a) A notary public of that state; (b) A judge, clerk, or deputy clerk of a court of that state; or (c) Any other individual authorized by the law of that state to perform the notarial act. (2) The signature and title of an individual performing a notarial act in another state are prima fade evidence that the signature is genuine and that the individual holds the designated title. through c) of (3) The signature and title of a notarial officer described in subsection (1)(a)notarial act. this section conclusively establishes the authortY of the officer to perform the [ 2017c281 § 11.] 42.45.100 Notarial act under authority of federally recognized Indian tribe. (Effective July 1, 2018.) (1)A notarial act performed under the authority and in the jurisdiction of a federally recognized Indian tribe has the same effect as if p by:a notarial officer of this state, if the act performed in the jurisdiction of the tribe performed (a) A notary public of the tribe; (b) A judge, clerk, or deputy clerk of a court of the tribe; or (c) Any other individual authorized by the law of the tribe to perform the notarial act. (2) The signature and title of an individual 'tr be are prnotarial ma facie evidence that the and in the jurisdiction of a federally recognized Indian signature is genuine and that the individual holds the designated title. (3) The signature and title of a notarial officer described in subsection (1)(a)through (c) of this section conclusively establishes the authority of the officer to perform the notarial act. [ 2017c281 § 12.] 42.45.110 Notarial act under federal authority. (Effective July 1, 2018.) (1) A notarial act performed under fie eral law has the same effect under the law of this of this state, if the act performed under federal law is state as if performed by a notarial officr performed by: (a)A judge, clerk, or deputy clerk of a court; (b)An individual in military service or performing duties under the authority of military service who is authorized to perform notarial acts under federal law; (c)An individual designated a notarizing officer by the United States department of state for performing notarial acts overseas; or (d)Any other individual authorized by federal law to perform the notarial act. httn.//ann.lea.wa.aov/RCW/default.aspx?cite=42.45&full=true 2/13/2018 .»1 .,. ... .. . ,.,_,♦1LLL V 1,111 V1V.V1 Li PS.VV J1N M./1 t11C11AL HL 1 3 rage / of I ts • (2)The signature and title of an individual acting under federal authority and performing a notarial act are prima facie evidence that the signature is genuine and that the individual holds the designated title. (3) The signature and title of an officer described in subsection (1)(a), (b), or(c) of this section conclusively establishes the authority of the officer to perform the notarial act. [ 2017c281 § 13.] 42.45.120 Foreign notarial act. (Effective July 1, 2018.) (1) In this section, "foreign state" means a government other than the United States, a state, or a federally recognized Indian tribe. (2) If a notarial act is performed under the authority and in the jurisdiction of a foreign state or constituent unit of the foreign state or is performed under the authority of a multinational or international governmental organization, the act has the same effect under the law of this state as if performed by a notarial officer of this state. (3) If the title of office and indication of authority to perform notarial acts in a foreign state appears in a digest of foreign law or in a list customarily used as a source for that information, the authority of an officer with that title to perform notarial acts is conclusively established. (4) The signature and official stamp of an individual holding an office described in subsection (3) of this section are prima facie evidence that the signature is genuine and the individual holds the designated title. (5)An apostille in the form prescribed by the Hague Convention of October 5, 1961, and issued by a foreign state party to the Hague Convention conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office. (6)A consular authentication issued by an individual designated by the United States department of state as a notarizing officer for performing notarial acts overseas and attached to the record with respect to which the notarial act is performed conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office. [ 2017c281 § 14.] 42.45.130 Certificate of notarial act. (Effective July 1, 2018.) (1)A notarial act must be evidenced by a certificate. The certificate must: (a) Be executed contemporaneously with the performance of the notarial act; (b) Be signed and dated by the notarial officer and, if the notarial officer is a notary public, be signed in the same manner as on file with the department; (c) Identify the jurisdiction in which the notarial act is performed; (d) Contain the title of office of the notarial officer; (e) Be written in English or in dual languages, one of which must be English; and http://app.leg.wa.gov/RCW/default.aspx?cite=42.458cfull=true 2/13/2018 Chapter 42.45 RCW: REVISED UNIFORM LAW ON NOTARIAL ACTS Page 8 of 18 , (f) If the notarial officer is a notary public, indicate the date of expiration, if any, of the officer's commission. (2) Regarding notarial act certificates on a tangible record: (a) If a notarial act regarding a tangible record is performed by a notary public, an official stamp must be affixed to or embossed on the certificate. (b) If a notarial act regarding a tangible record is performed by a notarial officer other than a notary public and the certificate contains the information specified in subsection (1)(b), (c), and (d) of this section, an official stamp may be affixed to or embossed on the certificate. (3) Regarding notarial act certificates on an electronic record: (a) If a notarial act regarding an electronic record is performed by an electronic records notary public, an official stamp must be attached to or logically associated with the certificate. (b) If a notarial act regarding an electronic record is performed by a notarial officer other than a notary public and the certificate contains the information specified in subsection (1)(b), (c), and (d) of this section, an official stamp may be attached to or logically associated with the certificate. (4) A certificate of a notarial act is sufficient if it meets the requirements of subsections (1) through (3) of this section and: (a) Is in a short form set forth in RCW 42.45.140; (b) Is in a form otherwise permitted by the law of this state; (c) Is in a form permitted by the law applicable in the jurisdiction in which the notarial act was performed; or (d) Sets forth the actions of the notarial officer and the actions are sufficient to meet the requirements of the notarial act as provided in RCW 42.45.030, 42.45.040, and 42.45.050 or law of this state other than this chapter. (5) By executing a certificate of a notarial act, a notarial officer certifies that the officer has complied with the requirements and made the determinations specified in RCW 42.45.030, 42.45.040, and 42.45.050. (6)A notarial officer may not affix the officer's signature to, or logically associate it with, a certificate until the notarial act has been performed. (7) If a notarial act is performed regarding a tangible record, a certificate must be part of, or securely attached to, the record. If a notarial act is performed regarding an electronic record, the certificate must be affixed to, or logically associated with, the electronic record. If the director has established standards pursuant to RCW 42.45.250 for attaching, affixing, or logically associating the certificate, the process must conform to the standards. [ 2017c281 § 15.] 42.45.140 Short form certificates. (Effective July 1, 2018.) The following short form certificates of notarial acts are sufficient for the purposes indicated, if completed with the information required by RCW 42.45.130 (1)through (4): (1) For an acknowledgment in an individual capacity: State of County of This record was acknowledged before me on (date) by (name(s) of individuals). httn://ann.leg.wa.gov/RCW/default.aspx?cite=42.45&full=true 2/13/2018 .__ . .. ..,• 1 ry 1 A1\1A1J C11,1 J rage 7 01 1 b • (Signature of notary public) (Stamp) (Title of office) My commission expires: (date) (2) For an acknowledgment in a representative capacity: State of County of This record was acknowledged before me on (date) by (name(s) of individuals) as (type of authority, such as officer or trustee) of(name of party on behalf of whom record was executed). (Signature of notary public) (Stamp) (Title of office) My commission expires: (date) (3) For verification on oath or affirmation: State of County of Signed and sworn to (or affirmed) before me on (date) by (name(s) of individuals making statement). (Signature of notary public) (Stamp) (Title of office) My commission expires: (date) (4) For witnessing or attesting a signature: State of County of Signed or attested before me on (date) by (name(s) of individuals). (Signature of notary public) (Stamp) http://app.leg.wa.gov/RCW/default.aspx?cite=42.45&full=true 2/13/2018 Chapter 42.45 RCW: REVISED UNIFORM LAW ON NOTARIAL ACTS Page 10 of 18 , (Title of office) My commission expires: (date) (5) For certifying or attesting a copy of a record: State of County of I certify that this is a true and correct copy of a record in the possession of Dated: . • . (Signature of notary public) (Stamp) (Title of office) My commission expires: (date) (6) For certifying the occurrence of an event or the performance of any act: State of County of I certify that the event described in this document has occurred or been performed. Dated: (Signature of notary public) (Stamp) (Title of office) My commission expires: (date) [ 2017c281 § 16.] 42.45.150 Official stamp. (Effective July 1, 2018.) (1) It is unlawful for any person intentionally to manufacture, give, sell, procure, or possess a seal or stamp evidencing the current appointment of a person as a notary public until the director has issued a notary commission. The official seal or stamp of a notary public must include: httn•Itann.le z.wa.aov/RCW/default.aspx?cite=42.45&full=true 2/13/2018 . .., .v Chapter 42.45 RCW: REVISED UNIFORM LAW ON NOTARIAL ACTS Page 12 of 18 . 42.45.180 Journal. (Effective July 1, 2018.) (1) A notary public shall maintain a journal in which the notary public chronicles all notarial acts that the notary public performs. 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. (2) 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. (3) A notary public shall maintain only one tangible journal at a time to chronicle notarial acts, whether those notarial acts are performed regarding tangible or electronic records. 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. (4)An entry in a journal must be made contemporaneously with performance of the notarial act and contain the following information: (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 (d) Any additional information as required by the director in rule. (5) The journal shall be kept in a locked and secured area, under the direct and exclusive control of the notary public. Failure to secure the journal may be cause for the director to take administrative action against the commission held by the notary public. If a notary public's journal is lost or stolen, the notary public promptly shall notify the department on discovering that the journal is lost or stolen. (6) 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 this section and inform the department where the journal is located. [ 2017c281 § 20.] ............. 42.45.190 Notarial acts on electronic records—Technology—Notification—Standards. (Effective July 1, 2018.) (1) A notary public may not perform notarial acts with respect to electronic records unless the notary public holds a commission as an electronic records notary public. (2) An electronic records notary public may select one or more tamper-evident technologies to perform notarial acts with respect to electronic records that meet the standards provided in subsection (4) of this section. A person cannot require an electronic httn•//ann.lea.wa.aov/RCW/default.aspx?cite=42.45&full=true 2/13/2018 ,...»yam.. �.. ♦♦. 1W V wiNiv1 1..t-#VV UIN INV 1 E-UU1-11, 111 1 rage 1 S of 1 ZS • records notary public to perform a notarial act with respect to an electronic record with a technology that the notary public has not selected. (3) Before an electronic records notary public performs the notary public's initial notarial act with respect to an electronic record, an electronic records notary public shall notify the department that he or she will be performing notarial acts with respect to electronic records and identify the technology the electronic records notary public intends to use. (4) The director shall establish standards for approval of technology in rule. If the technology conforms to the standards, the director shall approve the use of the technology. [ 2017c281 § 21.] 42.45.200 Commission—Qualifications—Oath—Surety bond—Commission term—Electronic records notary public. (Effective July 1, 2018.) (1) An individual qualified under subsection (2) of this section may apply to the director for a commission as a notary public. The applicant shall comply with and provide the information required by rules established by the director and pay any application fee. (2)An applicant for a commission as a notary public must: (a) Be at least eighteen years of age; (b) Be a citizen or permanent legal resident of the United States; (c) Be a resident of or have a place of employment or practice in this state; (d) Be able to read and write English; and (e) Not be disqualified to receive a commission under RCW 42.45.210. (3) Before issuance of a commission as a notary public, an applicant for the commission shall execute an oath of office and submit it to the department in the format prescribed by the director in rule. (4) Before issuance of a commission as a notary public, the applicant for a commission shall submit to the director an assurance in the form of a surety bond in the amount established by the director in rule. The assurance must be issued by a surety or other entity licensed or authorized to write surety bonds in this state. The assurance must be effective for a four-year term or for a term that expires on the date the notary public's commission expires. The assurance must cover acts performed during the term of the notary public's commission and must be in the form prescribed by the director. If a notary public violates law with respect to notaries public in this state, the surety or issuing entity is liable under the assurance. The surety or issuing entity shall give at least thirty days' notice to the department before canceling the assurance. The surety or issuing entity shall notify the department not later than thirty days after making a payment to a claimant under the assurance. A notary public may perform notarial acts in this state only during the period that a valid assurance is on file with the department. (5) On compliance with this section, the director shall issue a commission as a notary public to an applicant for a term of four years or for a term that expires on the date of expiration of the assurance, whichever comes first. (6)A commission to act as a notary public authorizes the notary public to perform notarial acts. The commission does not provide the notary public any immunity or benefit conferred by law of this state on public officials or employees. http://app.leg.wa.gov/RCW/default.aspx?cite=42.45&full—true 2/13/2018 Chapter 42.45 RCW: REVISED UNIFORM LAW ON NOTARIAL ACTS Page 14 of 18 (7)An individual qualified under (a) of this subsection may apply to the director for a commission as an electronic records notary public. The applicant shall comply with and provide the information required by rules established by the director and pay the relevant application fee. (a) An applicant for a commission as an electronic records notary public must hold a commission as notary public. (b) An electronic records notary public commission may take the form of an endorsement to the notary public commission if deemed appropriate by the director. [ 2017 c 281 § 22.] 42.45.210 Grounds to deny, refuse to renew, revoke, suspend, or condition commission of notary public. (Effective July 1, 2018.) (1) In addition to conduct defined as unprofessional under RCW 18.235.130, the director may take action as provided for in RCW 18.235.110 against a commission as notary public for any act or omission that demonstrates the individual lacks the honesty, integrity, competence, or reliability to act as a notary public, including: (a) Failure to comply with this chapter; (b) A fraudulent, dishonest, or deceitful misstatement or omission in the application for a commission as a notary public submitted to the department; (c)A conviction of the applicant or notary public of any felony or crime involving fraud, dishonesty, or deceit; (d)A finding against, or admission of liability by, the applicant or notary public in any legal proceeding or disciplinary action based on the applicant's or notary public's fraud, dishonesty, or deceit; (e) Failure by the notary public to discharge any duty required of a notary public, whether by this chapter, rules of the director, or any federal or state law; (f) Use of false or misleading advertising or representation by the notary public representing that the notary public has a duty, right, or privilege that the notary public does not have; (g) Violation by the notary public of a rule of the director regarding a notary public; (h) Denial, refusal to renew, revocation, suspension, or conditioning of a notary public commission in another state; (i) Failure of the notary public to maintain an assurance as provided in RCW 42.45.200(4); or (j) Making or noting a protest of a negotiable instrument without being a person authorized by RCW 42.45.030(5). (2) If the director denies, refuses to renew, revokes, suspends, imposes conditions, or otherwise sanctions, a commission as a notary public, the applicant or notary public is entitled to timely notice and hearing in accordance with chapter 34.05 RCW. (3)The authority of the director to take disciplinary action on a commission as a notary public does not prevent a person from seeking and obtaining other criminal or civil remedies provided by law. httn://app.leg.wa.gov/RCW/default.aspx?cite=42.45&full=true 2/13/2018 -r - - •• • kJ 1,111 viiLri i.hry ViV INV,1tU1l1t%_L Pit,13 rage 1J of 18 [ 2017c281 § 23.] 42.45.220 Database of notaries public. (Effective July 1, 2018.) The director shall maintain an electronic database of notaries public: (1) Through which a person may verify the authority of a notary public to perform notarial acts; and (2) Which indicates whether a notary public has notified the director that the notary public will be performing notarial acts on electronic records. [ 2017 c 281 §'24.] 42.45.230 Prohibited acts. (Effective July 1, 2018.) (1)A commission as a notary public does not authorize an individual to: (a) Assist persons in drafting legal records, give legal advice, or otherwise practice law; (b) Act as an immigration consultant or an expert on immigration matters; (c) Represent a person in a judicial or administrative proceeding relating to immigration to the United States, United States citizenship, or related matters; (d) Receive compensation for performing any of the activities listed in this subsection; or (e) Provide court reporting services. (2)A notary public may not engage in false or deceptive advertising. (3)A notary public, other than an attorney licensed to practice law in this state, or a Washington-licensed limited license legal technician acting within the scope of his or her license, may not use the term "notario" or"notario publico." .(4)A notary public, other than an attorney licensed to practice law in this state or a limited license legal technician acting within the scope of his or her license, may not assist another person in selecting the appropriate certificate required by RCW 42.45.130. (5)A notary public, other than an attorney licensed to practice law in this state, or a Washington-licensed limited license legal technician acting within the scope of his or her license, may not advertise or represent that the notary public may assist persons in drafting legal records, give legal advice, or otherwise practice law. If a notary public who is not an attorney licensed to practice law in this state, or a Washington-licensed limited license legal technician acting within the scope of his or her license, in any manner advertises or represents that the notary public offers notarial services, whether orally or in a record, including broadcast media, print media, and the internet, the notary public shall include the following statement, or an alternate statement authorized or required by the director, in the advertisement or representation, prominently and in each language used in the advertisement or representation: "I am not an attorney licensed to practice law in this state. I am not allowed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities." If the form of advertisement or representation is not broadcast media, print media, or the internet and does not permit inclusion of the statement required by this http://app.leg.wa.gov/RCW/default.aspx?cite=42.45&full=true 2/13/2018 Chapter 42.45 RCW: REVISED UNIFORM LAW ON NOTARIAL ACTS Page 16 of 18 subsection because of size, it must be displayed prominently or provided at the place of performance of the notarial act before the notarial act is performed. (6) Except as otherwise allowed by law, a notary public may not withhold access to or possession of an original record provided by a person that seeks performance of a notarial act by the notary public. A notary public may not maintain copies or electronic images of documents notarized unless the copies or images are maintained by an attorney or Washington-licensed limited license legal technician acting within his or her scope of practice for the performance of legal services or for other services performed for the client and the copies or images are not maintained solely as part of the notary transaction. [ 2017c281 § 25.] 42.45.240 Validity of notarial acts. (Effective July 1, 2018.) Except as otherwise provided in RCW 42.45.020(2), the failure of a notarial officer to perform a duty or meet a requirement specified in this chapter does not invalidate a notarial act performed by the notarial officer. The validity of a notarial act under this chapter does not prevent an aggrieved person from seeking to invalidate the record or transaction that is the subject of the notarial act or from seeking other remedies based on law of this state other than this chapter or law of the United States. This section does not validate a purported notarial act performed by an individual who does not have the authority to perform notarial acts. Nothing in chapter 281, Laws of 2017 gives the director authority to invalidate a notarial act. [ 2017c281 § 26.] 42.45.250 Rules. (Effective July 1, 2018.) (1) The director may adopt rules necessary to implement this chapter. (2) In adopting, amending, or repealing rules about notarial acts with respect to electronic records, the director shall consider standards, practices, and customs of other jurisdictions that substantially enact this chapter. [ 2017c281 § 27.] 42.45.260 Commissions in effect July 1, 2018—Continuation. (Effective July 1, 2018.) A commission as a notary public in effect on July 1, 2018, continues until its date of expiration. A notary public who applies to renew a commission as a notary public on or after July 1, 2018, is subject to and shall comply with this chapter. A notary public, in performing notarial acts after July 1, 2018, shall comply with this chapter. httn://ann.leQ.wa.gov/RCW/default.aspx?eite=42.45&full—true 2/13/2018 rage 11 01 1 a [ 2017 c 281 § 28.] 42.5.270 Uniform regulation of business and professions act—Application. (Effective July 1, 2018.) The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter. [ 2017c281 § 32.] 42.45.900 Short title. (Effective July 1, 2018.) This chapter may be known and cited as the revised uniform law on notarial acts. [ 2017c281 § 1.] 42.45.901 Application. (Effective July 1, 2018.) This chapter applies to a notarial act performed on or after July 1, 2018. [ 2017c281 § 3.] 42.45.902 Savings. (Effective July 1, 2018.) This chapter does not affect the validity or effect of a notarial act performed before July 1, 2018. [ 2017c281 § 29.] 42.45.903 Application—Construction. (Effective July 1, 2018.) In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. http://app.leg.wa.gov/RCW/default.aspx?cite=42.45&full=true 2/13/2018 Chapter 42.45 RCW: REVISED UNIFORM LAW ON NOTARIAL ACTS Page 18 of 18 , [ 2017 c 281 § 301 42.45.904 Relation to electronic signatures in global and national commerce act. (Effective July 1, 2018.) This chapter modifies, limits, and c 7001 et Seg supersedes but does no9modify, I' mg! orsupersede in a l and national commerce act, 15 U.S.C. S section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. Sec. 7003(b). [ 2017c281 § 31.] 42.45.905 Effective date-2017 c 281. This act takes effect July 1, 2018. [ 2017c281 § 44.] httu://ano.leg.wa.gov/RCW/default.aspx?cite=42.45&full=true 2/13/2018 [§1] Authority This chapter implements the revised uniform law on notarial acts, Chapter 42.45 RCW. [§2] Definitions (1) Words and terms used in these rules have the same meaning as each has in the Revised Uniform Law on Notarial Acts, RCW 42.45.010. (2) "Appear personally"means being in the same physical location as another individual and close enough to see, hear, communicate with, and exchange tangible identification credentials with that individual. (3) "Commission" is equivalent to the term "license" as defined in RCW 18.235.010(6). (4) "Department" means the Washington state department of licensing. (5) "Director"means the director of the department of licensing or the director's designee. (6) "Electronic journal" means a chronological record of notarizations maintained by a notary public in an electronic format in compliance with these rules. (7) "Electronic notarial certificate" means the part of, or attachment to, an electronic record that is completed by the notary public, contains the information required under RCW 42.45.130 and the notary's official stamp, bears that notary's electronic signature,and states the facts attested to by the notary in a notarization performed on an electronic record. (8) "Electronic notarial acts" means notarizations or notarial acts with respect to electronic records. (9) "Enrollment" means a process for registering a notary public with a technology provider to access and use a tamper-evident technology in order to perform electronic notarial acts. (10) "Principal"means: (a) an individual whose electronic signature is notarized;or, (b) an individual, other than a witness required for an electronic notarial act, taking an oath or affirmation from the notary public. (11) "Technology Provider" means an individual or entity that offers the services of a tamper-evident technology for electronic notarial acts. Amirms Nor (12) "Sole control" means at all times being in the direct physical custody of the notary public or safeguarded by the notary with a password or other secure means of authentication. (13) "Tamper-evident technology" means a set of applications, programs, hardware, software, or other technologies designed to enable a notary public to perform electronic notarial acts and to display evidence of any changes made to an electronic record. (14) "Venue" means the state and county where the notary public is physically located while performing a notarial act. [§31 Application Process for Notary Public Commission (1) To apply for a notary public commission, an applicant who meets the requirements of RCW 42.45.200(2) shall submit an application on forms provided by the department. The application shall include: (a) Evidence of a ten-thousand dollar surety bond, signed by the notary public,that conforms to RCW 42.45.200(4); (b) Payment of the prescribed fee; and (c) A signed and notarized oath of office. (2) As part of a notary public commission application, an applicant shall provide both their legal name and their commission name. The applicant's commission name must contain their surname, and at least the initials of the applicant's first and middle name. (3) To apply for an electronic records notary public endorsement, an applicant who meets the requirements of RCW 42.45.200(7) shall submit an electronic records notary public application on forms provided by the department and pay the prescribed fee. (4) An applicant may only apply for an electronic records notary public endorsement if: (a) They currently hold an active notary public commission; or, (b) They are applying for a notary public commission and an electronic records notary public endorsement simultaneously. (5) An individual applying for an electronic records notary public endorsement must inform the department within thirty days of applying of the tamper-evident technology provider that they have enrolled with before they perform their first electronic notarial act. (6) A notary public shall reapply with the department for each commission term before performing notarial acts. (7) A notary public may elect not to apply for an electronic records notary public endorsement. [§4] Approval or Denial of Application (1) Upon the applicant's fulfillment of the requirements for a notary public commission or an electronic records notary public endorsement, the department shall ''approve the application and issue the commission or endorsement. (2) If the department receives an incomplete or invalid application, the department shall hold the application for 30 calendar days to allow the applicant to cure any defects. After the 30 day period, the application shall be cancelled and any application fees forfeited. (3) An applicant may not perform any notarial acts before receiving a notary public commission from the department. (4) A notary public may not perform any electronic notarial acts before receiving an electronic records notary public endorsement from the department. (5) The department may deny a commission or endorsement application if the applicant fails to comply with these rules or does not meet the requirements for licensure. [§5] Term of Commission (1) The term of a notary public commission shall expire on the expiration date of the notary public's surety bond,no more than four years after their commission date. (2) Unless terminated pursuant to [§28], an electronic records notary public endorsement is valid from the date the endorsement is issued by the department, and continues as long as the notary public's current commission remains valid. [§6] Application fees The following fees shall be charged by the department: Title of Fee Fee Application for notary public commission $30.00 Application for electronic records notary public endorsement $15.00 Renewal of notary public commission $30.00 Renewal of electronic records notary public endorsement $15.00 Duplicate certificate of commission (including name change) $15.00 [§71 Size and form of official seal or stamp An official seal or stamp shall conform to the following requirements: (1) The seal or stamp shall include the following information: (a) The words "notary public"; (b) The words "state of Washington"; (c) The notary public's name as commissioned; (d) The notary public's commission expiration date; (e) The notary public's commission number. (2) The type on this seal or stamp shall be a minimum of 8 point type. (3) The seal or stamp shall conform to the following physical requirements: (a) The seal or stamp shall be minimum one and five- eighths inches diameter if circular, or one inch wide by one and five-eighths inches long if rectangular. (b) The face of the seal or stamp shall be permanently affixed. (c) If the stamp is affixed to a tangible record, it shall be applied in permanent ink and shall be capable of being photocopied. (4) The seal or stamp shall not contain the Washington state seal. [§81 Acquiring notary seal or stamp (1) A notary public shall procure a notary seal or stamp only after receiving a certificate evidencing the notary public's commission from the department, and shall provide this certificate to their chosen seal or stamp vendor as part of procuring the stamp. (2) A notary public with a commission in effect on July 1, 2018, may continue to use their notarial seal until the commission's date of expiration. A notary public who procures a notary seal or stamp after July 1, 2018, is subject to and shall comply with the rules in [§7]. (3) The stamp a notary public acquires is the exclusive property of the notary public, 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 appointment fees. [§9] Replacement of lost or stolen notary seals or stamps. (1) When a notary seal or stamp is lost or stolen the notary public shall notify the department in writing within 10 business days of discovering the seal or stamp was lost or stolen. (2) The notary public may not obtain a replacement notary seal or stamp until they have properly notified the department that the original was lost or stolen. (3) A replacement notary seal or stamp must contain some variance from the original seal or stamp. (4) If the lost or stolen notary seal or stamp is found or recovered after a replacement has been obtained,the original seal or stamp shall be destroyed. [§10] Notary signature In addition to the requirements listed in RCW 42.45.130, a notary public signing the notarial certificate of a completed notarial act shall: (1) Sign the notarial certificate using the exact name that appears on the notary's certificate of commission and their seal or stamp. (2) Ensure that the notary public's name is legibly printed or stamped adjacent to their signature. [§11] Requirements for notarial acts (1) In performing a notarial act, the notary public shall be physically within the geographic borders of the state of Washington. (2) Electronic notarial acts shall conform to the requirements listed in these rules and RCW 42.45.040 on signing parties appearing before the notary. ter [§121 Authorized electronic notarial acts A notary public who has received an electronic records notary public endorsement from the department may perform the following electronic notarial acts: (1) taking an acknowledgment; (2) taking a verification on oath or affirmation; (3) witnessing or attesting a signature; (4) certifying or attesting a copy (5) certifying that an event has occurred or an act has been performed; and (6) noting a protest of a negotiable instrument, if the notary public is: (a) licensed to practice law in the state of Washington; (b) acting under the authority of an attorney who is licensed to practice law in this or another state, or; (c) acting under the authority of a financial institution regulated by this state, another state, or the federal government. [§121 Authorized electronic notarial acts A notary public who has received an electronic records notary public endorsement from the department may perform any electronic notarial act, except that a notary public may not administer an oath or affirmation as an electronic notarial act. [§13] Requirements for technologies and technology providers A tamper-evident technology shall comply with these rules: (1) A technology provider requiring enrollment prior to performance of electronic notarial acts shall enroll only notaries public who have been issued an electronic records notary public endorsement pursuant to [§3]. (2) A technology provider shall take reasonable steps to ensure that a notary public who has enrolled to use the technology has the knowledge to use it to perform electronic notarial acts in compliance with these rules. (3) A tamper-evident technology shall require access to the system by a password or other secure means of authentication. (4) A tamper-evident technology gy shall enable a notary public to • affix the notary's electronic signature and seal or stamp in a manner that attributes such signature and seal or stamp to the notary. (5) A technology provider shall provide prorated fees to align the usage and cost of the tamper-evident technology with the term limit of the notary public electronic records notary public endorsement. (6) A technology provider shall suspend the use of any tamper- evident technology for any notary public whose endorsement has been revoked, suspended, or canceled by the state of Washington or the notary public. [§14] Refusal of requests to use system In addition to the reasons listed in RCW 42.45.060,a notary public shall refuse a request to: (1) use a tamper-evident technology that the notary does not know how to operate; or (2) perform an electronic notarial act if the notary has a reasonable belief that a tamper-evident technology does not meet the requirements set forth in these rules. [§15] Completion of electronic notarial certificate (1) For every electronic notarial act,a notary public shall complete an electronic notarial certificate that complies with the requirements of these rules, RCW 42.45.130, and RCW 42.45.140. (2) An electronic notarial certificate shall be completed at the time of notarization and in the physical presence of the principal. [§17] Certification of electronic notarial acts A notary public shall sign each electronic notarial certificate with an electronic signature that complies with [§18] and authenticate an electronic notarial act with an official stamp that complies with [§19]. [§18] Electronic signature of notary (1) A notary public shall use a tamper-evident technology that complies with [§13] of these rules to produce the notary's electronic signature in a manner that is capable of independent verification. (2) A notary public shall take reasonable steps to ensure that no other individual may possess or access a tamper-evident technology used to produce the notary's electronic signature. (3) A notary public shall keep in the sole control of the notary all or any part of a tamper-evident technology whose exclusive purpose is to perform electronic notarial acts. (4) For the purposes of this section, "capable of independent verification"means that any interested individual may confirm through the department that a notary public who signed an electronic record in an official capacity had authority at that time to perform electronic notarial acts. [§19] Electronic stamp of notary (1) An electronic stamp may be used to authenticate an electronic notarial act if the electronic notarial certificate conforms to the rules set forth in RCW42.45.130 and RCW 42.45.140. (2) An electronic stamp of a notary public used to authenticate an electronic notarial act shall conform to RCW 42.45.150 and [§7]. (3) The electronic stamp of a notary public shall be a digital image that appears in the likeness or representation of a traditional physical notary public official stamp meeting the requirements of RCW 42.45.150 and [§7]. (4) The tamper-evident technology used to create a notary public's electronic stamp shall not be used for any purpose other than performing electronic notarial acts under RCW 42.45 and these rules. (5) Only the notary public to whom the tamper-evident technology is registered shall generate an official stamp. 1§201 Journal of notarial acts required (1) A notary public shall record each notarial act in a chronological journal at the time of notarization in compliance with RCW 42.45.180 and these rules. (2) If a notary public performs notarial acts involving different statements or documents for the same individual on the same date,the notary public may record a single entry in the journal for all of the statements or documents. The entry shall include the number of statements or documents notarized. (3) The fact that the notary public's employer or contractor keeps a record of notarial acts shall not relieve the notary of the duties required by these rules. [§211 Format of journals of notarial acts (1) A tangible notarial journal shall: (a) Be a permanently bound book with numbered pages, and; (b) have the capacity to record for each notarial act: i. The information required by RCW 42.45.180(4); ii. A description of the notary public's method of identifying the principal, and; iii. The principal's signature. (2) If a notary public keeps an electronic journal pursuant to RCW 42.45.180(3), the electronic journal shall: (a) Be maintained only in addition to the tangible journal; (b) have the capacity to record the information required for a tangible notarial journal; (c) enable access by a password or other secure means of authentication; (d) be tamper-evident; (e) create a duplicate record of the journal as a backup; and (f) be capable of providing tangible or electronic copies of any entry made in the journal. (3) A notary public's journal is the exclusive property of the notary public, and shall not be surrendered to an employer upon demand or termination, whether the employer paid for the journal or the notary's bond or application fees. [§221 Disposition of journal (1) Ten years after the performance of the last notarial act chronicled in a tangible journal, the journal is to be destroyed by shredding or other destruction that leaves any entry in the journal illegible. (2) 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. (3) 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. (4) 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. [§231 Fees for notarial acts (1) The maximum fees a notary may charge for notarial acts are: NOTARIAL ACT FEE Witnessing or attesting a signature $10.00 Taking an acknowledgement or a verification upon oath or $10.00 affirmation Certifying or attesting a copy $10.00 Administering an oath or affirmation $10.00 Certifying that an event has occurred or an act has been $10.00 performed (2) A notary public need not charge for notarial acts. (3) A notary public may not charge fees for receiving or noting a protest of a negotiable instrument. (4) A notary public may charge actual costs of copying any instrument or record. (5) A notary public may charge a travel fee when traveling to perform a notarial act if: (a) The notary public and the individual requesting the notarial act agree upon the travel fee in advance of the travel; and (b) The notary public explains to the individual requesting the notarial act that the travel fee is in addition to the notarial fee in subsection (1) of this section and is not required by law. [§24] Testimonials A notary may not endorse or promote any service, contest, or other offering if the notary's seal or title is used in the endorsement or promotional statement. [§25] Forms (1) The forms in RCW 42.45.150 are suggested certificates with the sufficient information included. These forms may be used; however, when a specific form is required by a specific statute,the required form shall be used. (2) A non-attorney notary may not assist another person in drafting, completing, selecting, or understanding a document or transaction requiring a notarial act. This does not preclude a notary who is duly qualified in a particular profession from giving advice relating to matters in that professional field. [§26] Change of address or name (1) When a notary public changes his or her name or address, the department of licensing must be notified of such change on forms prescribed by the department. (2) A name change notification must be accompanied by a bond rider from the bonding company amending the notary bond, and the prescribed fee for a name change which provides a duplicate notary certificate showing the new name. There is no charge for an address change and a new certificate is not issued. (3) A notary that submits a name change notification shall continue to use their original notary stamp or seal and their original name and signature until they receive a new commission certificate and seal or stamp with the new information. [§271 Evidence of authenticity Requests for evidence of authenticity should be addressed to the Washington office of the secretary of state, corporations and charities division. [§28] Termination or suspension of commission or endorsement (1) The department may take action against the commission and/or endorsement of a notary public who fails to comply with these rules as provided in RCW 42.45.210,RCW 42.45.270, and chapter 18.235 RCW. Any restriction, suspension, or revocation of a notary public's commission will automatically have the same effect on any endorsement the notary public holds. (2) A notary public may terminate their notary public commission and/or electronic records endorsement by notifying the department of this intent in writing and disposing of all or any part of a tamper-evident technology in the notary's control whose purpose was to perform electronic notarizations. (3) A notary public may terminate the electronic records notary public endorsement and maintain the underlying notary public commission. (4) A notary public whose commission is terminated or expired, either by the notary or the department, shall disable their official stamp by destroying, defacing, damaging, or securing the device against use. The notary shall maintain their notarial journals for ten years as required by RCW 42.45.180 and [§22]. [§291 Change of application information If any of the information submitted on a notary public's commission or endorsement applications pursuant to [§3] changes,the notary public shall report this change to the department in writing within fifteen days.