Washington State Notary Rules: Seal, Journal, and Fees

Washington State notary rules live in Chapter 42.45 RCW, the Revised Uniform Law on Notarial Acts, and they cover far more than stamping signatures: who can hold a commission, how to verify a signer, what your seal and journal must look like, what you may charge, and what happens when you get it wrong. A commission runs four years, requires a $10,000 surety bond, and costs $40 through the Department of Licensing. Getting the details wrong can void documents, trigger a civil claim against your bond, or, for intentional misconduct, lead to felony charges.

Who Can Be Commissioned

To qualify, you must be at least 18, live or work in Washington, and be able to read and write English.¹ The statute does not require U.S. citizenship. You also cannot be disqualified under RCW 42.45.210, which covers prior commission revocations and certain criminal convictions.

Before applying, you need a $10,000 surety bond from a company licensed to write surety bonds in Washington. The bond protects the public, not you. If a notarization causes financial injury, the surety may pay the claim and then seek reimbursement from you. Errors and omissions insurance is the reverse: it covers your defense and any damages. Washington requires the bond; E&O is optional but common among notaries who regularly handle high-value documents.

With the bond in hand, submit the application through the Department of Licensing’s online portal or by mail with a $40 fee.² You must execute an oath of office in the form the director prescribes and affirm under penalty of perjury that you understand your responsibilities. Washington does not require a training course or exam. The commission lasts four years or until the surety bond expires, whichever comes first.³

What a Notary May Do

Washington law authorizes a specific list of acts: taking acknowledgments, administering oaths and affirmations, witnessing or attesting signatures, certifying copies, and noting protests of negotiable instruments.⁴

An acknowledgment is the signer’s formal declaration that they signed voluntarily. You verify identity and confirm the signature is theirs.⁵ The signer does not have to sign in front of you, but they must personally appear to acknowledge the signature. Deeds, powers of attorney, and business agreements are typical.

An oath invokes a higher power; an affirmation is a solemn promise without religious language. Both carry the same legal weight. The signer must appear before you and verbally commit. Witnessing a signature is stricter than an acknowledgment: you must watch the person sign in real time.

Certifying a copy confirms that a reproduction matches the original. You generally cannot certify copies of vital records like birth or death certificates, because state vital records offices hold exclusive authority over those. A protest of a negotiable instrument, in Washington, must be prepared under the authority of either a licensed attorney or a regulated financial institution.⁴

What a Notary May Not Do

A notary commission is not a license to practice law. Washington bars notaries from drafting legal documents, giving legal advice, acting as immigration consultants, representing anyone in immigration or citizenship proceedings, or providing court reporting services.⁶ You also cannot help a signer pick the right notarial certificate for their document unless you are a licensed attorney.

The “notario” prohibition deserves attention. In many Latin American countries a “notario público” is a trained legal professional, and some individuals in the United States exploit that confusion. Washington bars notaries from using the terms “notario” or “notario publico” unless they are also a licensed attorney.⁶ If you advertise notary services and are not an attorney, every advertisement must include a disclaimer, in every language used, stating that you cannot draft legal documents, give legal advice, or charge fees for those activities.

You may not notarize any document to which you, your spouse, or your domestic partner is a party or in which any of you hold a direct beneficial interest. You cannot notarize your own signature. A notarization performed in violation of these rules is voidable, meaning a court can undo it.⁷ A real estate agent earning a commission on a sale should not notarize the closing documents; a business owner should not notarize contracts for their own company.

Identifying the Signer

Every notarization requires you to confirm the signer’s identity by one of three methods.⁸

Personal knowledge, meaning prior dealings sufficient to give you reasonable certainty of who they are.
Government-issued identification such as a passport, driver’s license, or ID card, current or expired no more than three years before the notarial act. If it is not a passport or driver’s license, it must contain the signer’s photograph or signature.
A credible witness who personally knows the signer, appears before you, is personally known to you, presents satisfactory identification, and swears under oath to the signer’s identity.

You may ask for more than the minimum if something feels off. If the signer appears to be under duress or does not understand the transaction, refuse. Notarizing for someone who is being coerced or lacks capacity exposes you to liability and can void the document.

Seal Requirements

Every Washington notary must use an official seal or stamp on each notarized document. It must include your name as it appears on your commission, the words “Notary Public,” the words “State of Washington,” and your commission expiration date.⁹ The director may require more.

The statute requires the seal to be “capable of being copied together with the record to which it is affixed.” A colorless embosser does not photocopy or scan legibly, so if you use one, pair it with an ink stamp or choose an embosser that leaves an ink impression. Electronic notarizations require a digital seal in a tamper-evident format. You may never lend your seal or let anyone else use it, and you cannot even possess one until the director has issued your commission.¹⁰

Journal Requirements

Washington requires every notary to keep a journal of all notarial acts. You may keep only one tangible journal at a time, and it must be a permanent, bound register with numbered pages.¹¹ Notaries with an electronic records endorsement may also maintain an electronic journal concurrently, but it does not replace the tangible one.

Each entry must be made at the time of the act and include:

The date and time of the notarization.
A description of the document and the type of notarial act performed.
The full name and address of each individual involved.
Any additional information the director’s rules require.

The journal must be kept in a locked and secured area under your direct and exclusive control. If it is lost or stolen, promptly notify the Department of Licensing. Retain it for ten years after the last recorded act, then destroy it as the director requires.¹¹ The ten-year retention still applies if your commission is revoked, suspended, or you resign, and you must tell the department where the journal is kept.

Fees You Can Charge

Washington caps notary fees. The director sets maximum amounts by rule, and you may charge less or nothing.¹² The schedule is published in WAC 308-30-220. For example, certifying or attesting a copy carries a maximum fee of $15. Charging above the posted maximum can result in disciplinary action against your commission.

Remote Online Notarization

Notaries with an electronic records endorsement may perform remote online notarizations using audio-video technology. The signer does not need to be physically present, but you both must be able to see and hear each other in real time.¹³

Identity verification is stricter than for in-person acts. When you do not personally know the signer and no credible witness is used, you must apply at least two different types of identity proofing. Washington’s rules identify credential analysis (automated verification of the ID’s security features and a visual comparison against the person on screen) and knowledge-based authentication (a timed quiz drawn from public and private data sources).¹⁴ The communication technology itself must meet security standards preventing unauthorized access to the video feed, the identity check, and the record being notarized.¹⁵

You or someone acting on your behalf must create an audio-visual recording of the entire notarization and keep it for at least ten years.¹³ The notarial certificate must state that communication technology was used.¹⁶

Renewing Your Commission

You can renew up to 120 days before your commission expires.¹⁷ Renewal requires a new $10,000 surety bond, your license number, and the renewal fee. You can renew online through SecureAccess Washington or by mail. Washington does not require additional training or an exam for renewal.

If you let the commission lapse, you cannot resume where you left off. You must apply as a new applicant, and you cannot perform any notarial acts during the gap. Starting the renewal well before expiration avoids that.

Penalties for Getting It Wrong

Washington can suspend or permanently revoke a commission for statutory violations. Common triggers include failing to verify identity, neglecting the journal, performing acts outside your authority, and misusing your seal. The Department of Licensing may take administrative action if you fail to keep your journal locked and secured.¹¹

Beyond administrative penalties, you face civil liability. Anyone harmed by a negligent or improper notarization can bring a claim against you and your surety bond. The $10,000 bond is not a cap on your personal exposure; it is a guaranteed minimum for the claimant. If actual damages exceed the bond, you can be held personally liable for the difference.

Intentional misconduct is the most serious exposure. Forgery involving a notarized document is a Class C felony in Washington, punishable by up to five years in prison and a fine of up to $10,000.¹⁸¹⁹

1
Washington State Legislature. Washington Code 42.45.200 – Commission, Qualifications, Oath, Surety Bond
2
Washington State Department of Licensing. Get Your License: Notaries Public
3
Legal Information Institute. Washington Administrative Code 308-30-050 – Term of Commission
4
Washington State Legislature. Washington Code 42.45.010 – Definitions
5
Washington State Legislature. Chapter 42.45 RCW – Revised Uniform Law on Notarial Acts
6
Washington State Legislature. Washington Code 42.45.230 – Prohibited Acts
7
Washington State Legislature. Chapter 42.45 RCW – Revised Uniform Law on Notarial Acts – Section 42.45.020
8
Washington State Legislature. Washington Code 42.45.050 – Identification of Individual
9
Washington State Legislature. Washington Code 42.45.150 – Official Stamp
10
Washington State Legislature. Chapter 42.45 RCW – Revised Uniform Law on Notarial Acts – Section 42.45.160
11
Washington State Legislature. Washington Code 42.45.180 – Journal
12
Washington State Legislature. Washington Code 42.45.170 – Fees
13
Washington State Legislature. Washington Code 42.45.280 – Electronic Records Notary Public
14
Washington State Legislature. Washington Administrative Code 308-30-300 – Identity Proofing for Remote Notarial Acts
15
Washington State Legislature. Washington Administrative Code 308-30-310 – Standards for Communication Technology
16
Cornell Law School. Washington Administrative Code 308-30-320 – Certificate of Notarial Act for Remote Notarial Acts
17
Washington State Department of Licensing. Renew or Update Your License: Notaries Public
18
Washington State Legislature. Washington Code 9A.60.020 – Forgery
19
Washington State Legislature. Washington Code 9A.20.021 – Maximum Sentences for Crimes