Electronic notarial acts

AN ACT Relating to electronic notarial acts; and amending RCW 1
42.45.280. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3
Sec. 1. RCW 42.45.280 and 2019 c 154 s 1 are each amended to 4
read as follows: 5
(1) The definitions in this subsection apply throughout this 6
section unless the context clearly requires otherwise.7
(a) "Communication technology" means an electronic device or 8
process that: 9
(i) Allows an electronic records notary public and a remotely 10
located individual to communicate with each other simultaneously by 11
sight and sound; and 12
(ii) When necessary under and consistent with other applicable 13
law, facilitates communication with a remotely located individual 14
with a vision, hearing, or speech impairment. 15
(b) "Foreign state" means a jurisdiction other than the United 16
States, a state, or a federally recognized Indian tribe.17
(c) "Identity proofing" means a process or service by which a 18
third person provides an electronic records notary public with a 19
means to verify the identity of a remotely located individual by a 20
review of personal information from public or private data sources.21
Z-0525.1
HOUSE BILL 2158
State of Washington 69th Legislature 2026 Regular Session
By Representatives Abell, Simmons, Reed, Zahn, and Reeves; by request
of Uniform Law Commission
Prefiled 12/16/25. Read first time 01/12/26. Referred to Committee
on Civil Rights & Judiciary.
p. 1 HB 2158
(d) "Outside the United States" means a location outside the 1
geographic boundaries of the United States, Puerto Rico, the United 2
States Virgin Islands, and any territory, insular possession, or 3
other location subject to the jurisdiction of the United States.4
(e) "Remotely located individual" means an individual who is not 5
in the physical presence of the electronic records notary public who 6
performs a notarial act under subsection (3) of this section.7
(2) A remotely located individual complies with RCW 42.45.040 by 8
using communication technology to appear before an electronic records 9
notary public. 10
(3) An electronic records notary public located in this state may 11
perform a notarial act using communication technology for a remotely 12
located individual if: 13
(a) The electronic records notary public: 14
(i) Has personal knowledge under RCW 42.45.050(1) of the identity 15
of the remotely located individual; 16
(ii) Has satisfactory evidence of the identity of the remotely 17
located individual by a verification on oath or affirmation of a 18
credible witness appearing before and identified by the electronic 19
records notary public under RCW 42.45.050(2); or 20
(iii) Has obtained satisfactory evidence of the identity of the 21
remotely located individual by using at least two different types of 22
identity proofing; 23
(b) The electronic records notary public is reasonably able to 24
confirm that a record before the electronic records notary public is 25
the same record in which the remotely located individual made a 26
statement or on which the individual executed a signature;27
(c) The electronic records notary public, or a person acting on 28
behalf of the electronic records notary public, creates an 29
audiovisual recording of the performance of the notarial act; and30
(d) For a remotely located individual located outside the United 31
States: 32
(i) The record: 33
(A) Is to be filed with or relates to a matter before a public 34
official or court, governmental entity, or other entity subject to 35
the jurisdiction of the United States; or 36
(B) Involves property located in the territorial jurisdiction of 37
the United States or involves a transaction substantially connected 38
with the United States; and 39
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(ii) The act of making the statement or signing the record is not 1
prohibited by the foreign state in which the remotely located 2
individual is located. 3
(4) An electronic records notary public located in this state may 4
use communication technology under subsection (3) of this section to 5
take an acknowledgment of a signature on a tangible record physically 6
present before the electronic records notary public if the record is 7
displayed to and identified by the remotely located individual during 8
the audiovisual recording under subsection (3)(c) of this section.9
(5) The requirement under subsection (3)(b) of this section for 10
the performance of a notarial act with respect to a tangible record 11
not physically present before the electronic records notary public is 12
satisfied if:13
(a) The remotely located individual:14
(i) During the audiovisual recording under subsection (3)(c) of 15
this section, signs:16
(A) The record; and17
(B) A declaration, in substantially the following form, that is 18
part of or securely attached to the record:19
I declare under penalty of perjury that the record of which 20
this declaration is a part or to which it is attached is the 21
same record on which (name of electronic records notary 22
public), an electronic records notary public, performed a 23
notarial act and before whom I appeared by means of 24
communication technology on (date).25
. . .26
Signature of remotely located individual27
. . .28
Printed name of remotely located individual; and29
(ii) Sends the record and declaration to the electronic records 30
notary public not later than three days after the notarial act was 31
performed; and32
(b) The electronic records notary public:33
(i) In the audiovisual recording under subsection (3)(c) of this 34
section, records the individual signing the record and declaration; 35
and36
(ii) After receipt of the record and declaration from the 37
individual, executes a certificate of notarial act under RCW 38
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42.45.130, which must include a statement in substantially the 1
following form: 2
I (name of electronic records notary public) witnessed, by 3
means of communication technology, (name of remotely located 4
individual) sign the attached record and declaration on 5
(date).6
(6) A notarial act performed in compliance with subsection (5) of 7
this section complies with RCW 42.45.130(1)(a) and is effective on 8
the date the remotely located individual signed the declaration under 9
subsection (5)(a)(i)(B) of this section.10
(7) Subsection (5) of this section does not preclude use of 11
another procedure to satisfy subsection (3)(b) of this section for a 12
notarial act performed with respect to a tangible record.13
(8) An electronic records notary public located in this state may 14
use communication technology under subsection (3) of this section to 15
administer an oath or affirmation to a remotely located individual 16
if, except as otherwise provided by other law of this state, the 17
electronic records notary public:18
(a) Identifies the individual under subsection (3)(a) of this 19
section;20
(b) Creates or causes the creation under subsection (3)(c) of 21
this section of an audiovisual recording of the individual taking the 22
oath or affirmation; and23
(c) Retains or causes the retention under subsection (6) of this 24
section of the recording.25
(9) If a notarial act is performed under this section, the 26
certificate of notarial act required by RCW 42.45.130 and the short 27
form certificate provided in RCW 42.45.140 must indicate that the 28
notarial act was performed using communication technology.29
(((5))) (10) A short form certificate provided in RCW 42.45.140 30
for a notarial act subject to this section is sufficient if it:31
(a) Complies with rules adopted under subsection (((8))) (13)(a) 32
of this section; or 33
(b) Is in the form provided by RCW 42.45.140 and contains a 34
statement substantially as follows: "This notarial act involved the 35
use of communication technology." 36
(((6))) (11) An electronic records notary public, a guardian, 37
conservator, or agent of an electronic records notary public, or a 38
personal representative of a deceased electronic records notary 39
p. 4 HB 2158
public shall retain the audiovisual recording created under 1
subsection (3)(c) of this section or cause the recording to be 2
retained by a repository designated by or on behalf of the person 3
required to retain the recording. Unless a different period is 4
required by rule adopted under subsection (((8))) (13)(d) of this 5
section, the recording must be retained for a period of at least ten 6
years after the recording is made. 7
(((7))) (12) Before an electronic records notary public performs 8
the electronic records notary public's initial notarial act under 9
this section, the electronic records notary public must notify the 10
director that the electronic records notary public will be performing 11
notarial acts and identify the technologies the electronic records 12
notary public intends to use. If the director has established 13
standards under subsection (((8))) (13) of this section and RCW 14
42.45.250 for approval of communication technology or identity 15
proofing, the communication technology and identity proofing must 16
conform to the standards. 17
(((8))) (13) In addition to adopting rules under RCW 42.45.250, 18
the director may adopt rules under this section regarding performance 19
of a notarial act. The rules may: 20
(a) Prescribe the means of performing a notarial act involving a 21
remotely located individual using communication technology;22
(b) Establish standards for communication technology and identity 23
proofing; 24
(c) Establish requirements or procedures to approve providers of 25
communication technology and the process of identity proofing; 26
((and))27
(d) Establish standards and a period for the retention of an 28
audiovisual recording created under subsection (3)(c) of this 29
section; and30
(e) Prescribe methods for an electronic records notary public to 31
confirm under subsections (4) and (5) of this section the identity of 32
a tangible record. 33
(((9))) (14) Before adopting, amending, or repealing a rule 34
governing performance of a notarial act with respect to a remotely 35
located individual, the director must consider: 36
(a) The most recent standards regarding the performance of a 37
notarial act with respect to a remotely located individual adopted by 38
national standard-setting organizations and the recommendations of 39
the national association of secretaries of state; 40
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(b) Standards, practices, and customs of other jurisdictions that 1
have laws substantially similar to this section; and2
(c) The views of governmental officials and entities and other 3
interested persons. 4
(15) By allowing its communication technology or identity 5
proofing to facilitate a notarial act for a remotely located 6
individual or by providing storage of the audiovisual recording under 7
subsection (3)(c) of this section, the provider of the communication 8
technology, identity proofing, or storage appoints the director as 9
the provider's agent for service of process in any civil action in 10
this state related to the notarial act.11
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