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WA House Bill 2158

Legislation

State: Washington
Signed: March 11, 2026

Effective: January 01, 2027
Chapter: 21

Summary

House Bill 2158 authorizes Notaries to use communication technology to perform an acknowledgment on a paper document.

Affects

Amends Section 42.45.280 of the Revised Code of Washington.

Changes
  1. Authorizes an Electronic Records Notary Public located in Washington to use communication technology to take an acknowledgment of a signature on a tangible record physically present before the Electronic Records Notary if the tangible record is displayed to and identified by the remotely located individual during the audiovisual recording.
  2. Clarifies that the requirement under RCW 42.45.280(3)(b) with respect to a tangible record not physically present before the Electronic Records Notary Public is satisfied if: (a) The remotely located individual during the audiovisual recording signs the tangible record and a declaration in substantially the form as specified in the new law (see #3 below), and sends both to the Electronic Records Notary not later than 3 days after the notarial act was performed; and (b) The Electronic Records Notary makes an audiovisual recording of the remotely located individual signing the tangible record and declaration and, after receiving the signed tangible record and declaration, completes a certificate of notarial act under RCW 42.45.130 stating substantially: “I, (name of electronic records notary public), witnessed, by means of communication technology, (name of remotely located individual) sign the attached tangible record and declaration on (date).”
  3. Provides the following form for the declaration that must be signed by the remotely located individual: “I declare under penalty of perjury that the tangible record of which this declaration is a part or to which it is attached is the same tangible record on which (name of electronic records notary public), an electronic records notary public, performed a notarial act and before whom I appeared by means of communication technology on (date).”
  4. Provides that the notarial act is effective on the date the remotely located individual signed the declaration.
  5. Authorizes an Electronic Records Notary Public located in Washington to use communication technology to administer an oath or affirmation to a remotely located individual if, except as otherwise provided by other Washington law, the Electronic Records Notary: (a) Identifies the individual using personal knowledge, a credible witness who presents ID to the Notary, as specified, or two forms of identity proofing; (b) Creates or causes the creation of an audiovisual recording of the individual taking the oath or affirmation; and (c) Retains or causes the retention of the recording.
  6. Authorizes the Director of Licensing to adopt rules regarding RCW 42.45.280(4)-(5).
  7. Provides that by allowing its communication technology or identity proofing to facilitate a notarial act for a remotely located individual or by providing storage of the audiovisual recording, the provider of the communication technology, identity proofing, or storage appoints the director as the provider’s agent for service of process in any civil action in this state related to the notarial act.
Analysis

Many states that have enacted the remote notarization provisions of the Revised Uniform Law on Notarial Acts have added a subsequently added provision authorizing a Notary to perform a “paper remote online notarization” (PRON). In every respect, a PRON is a remote online notarization (RON) except that it uses paper documents instead of electronic records, and includes additional rules for the signing, delivery, and notarization that apply to these paper documents. Notably, the remotely located individual must sign the document and a declaration on camera with the Notary and then send both by mail or physical delivery to the Notary within 3 days. When the Notary receives the signed document and declaration, the Notary signs a certificate of notarial act and then mails or physically delivers the document, declaration, and notarial certificate back to the individual. It is a cumbersome process, but one that demonstrated its need during the COVID-19 pandemic. Washington has adopted these provisions in House Bill 2158.

House Bill 2158 also authorizes an Electronic Records Notary Public to administer oaths and affirmations remotely if the Notary identifies the oath-taker or affirmant using the same methods of identity verification as for a remote online notarization, creates a recording of the oath or affirmation, and stores the recording for the mandated retention period. The Notary may contract with a custodian to store the recording.

Read House Bill 2158.

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