Bill > HB2158

This bill updates Washington state law regarding electronic notarial acts, specifically allowing notaries to perform notarial acts for individuals who are not physically present, a process known as remote notarization. It defines key terms like "communication technology" (tools that allow real-time audio-visual communication), "identity proofing" (using third-party services to verify a person's identity), and "remotely located individual" (someone not in the notary's physical presence). The bill outlines the conditions under which a notary can perform these remote acts, including verifying the individual's identity through personal knowledge, a credible witness, or identity proofing, and ensuring the notary can confirm the document is the same one the individual signed. A crucial addition is the provision allowing notaries to acknowledge signatures on tangible (physical) documents when the document is displayed and identified by the remotely located individual during an audiovisual recording, and the individual subsequently signs both the document and a declaration, then sends them to the notary within three days. The bill also specifies requirements for administering oaths or affirmations remotely and mandates that all remote notarial acts be recorded. It clarifies that existing short-form certificates are sufficient if they indicate the use of communication technology, and it sets a minimum ten-year retention period for audiovisual recordings of these acts. Furthermore, it requires notaries to notify the director of the technologies they intend to use and allows the director to adopt rules for communication technology, identity proofing, and recording retention. Finally, providers of these remote notarization services are deemed to appoint the director as their agent for service of process in civil actions related to these acts, and the bill sets an effective date of January 1, 2027.

Justice

https://app.leg.wa.gov/billsummary?BillNumber=2158&Year=2025&Initiative=false