WA Administrative Rules (2013)
Rule/Regulation
Effective: February 14, 2013
SummaryThe Washingto Secretary of State adopts permanent rules to implement the Uniform Electronic Recording Act that includes provisions related to the notarization of electronic real property records.
AffectsCreates new Sections 434-661-010 through 435-661-160 in the Washington Administrative Code.
Changes - Defines electronic notarization as a notarial act performed in accordance with RCW Chapter 42.44 and WAC Chapter 308-30 WAC by a Notary, appointed by the Washington state Department of Licensing, who provides notarial acts using electronic interface.
- Provides that puursuant to RCW Chapter 65.24 RCW, notarizations must: (a) be performed by a Notary who has been appointed by the Washington state Department of Licensing in accordance with RCW chapter 43.44; and (b) comply with all requirements for performing a notarial act as found in RCW chapter 42.44 and WAC chapter 308-30, as amended from time to time
- Clarifies that for an electronic notarization, an impression of the official seal or stamp is not required.
- Clarifies that recording officers have no responsibility for verifying or authenticating notary signatures and acknowledgments.
AnalysisThe Secretary of State adopts permanent rules to implement the Uniform Electronic Recording Act that includes provisions related to the notarization of electronic real property records. Under the URPERA, the Secretary was tasked with adopting rules to govern electronic recording. The permanent rules define an electronic notarization and provide that one must be performed in compliance with RCW 42.44 and WAC 308-30. These sections of the Revised Code and Administrative Code govern paper-based notarial acts. However, the permanent rules clarify that in notarizing an electronic real property record, a Notary is not required to affix or attach an image of the Notary's official seal.
Read the adopted administrative rules.