A Notary Public serves as an impartial, government-appointed witness to deter fraud during the signing of significant documents. Notaries confirm the identity of signers and ensure they are acting willingly, lending integrity to transactions like property deeds, wills, and financial agreements. In Washington State, the Department of Licensing (DOL) manages and regulates the process for becoming a Notary. This oversight ensures all commissioned Notaries adhere to the specific laws and procedures governing their official acts.
Confirming Eligibility Requirements
Applicants must meet several statutory prerequisites established by Washington law. They must be at least 18 years of age and able to read and write English to accurately perform notarial acts. Applicants must either be a resident of Washington or maintain a place of employment or practice within the state. Furthermore, applicants must be a citizen or permanent legal resident of the United States.
The state evaluates an applicant’s background and character, including a review of their criminal history. Disqualification may occur if the applicant has a conviction for a felony or a gross misdemeanor involving fraud, dishonesty, or deceit within the last five years. The Department of Licensing reviews each case individually to determine if the conviction compromises the ability to serve impartially. Full disclosure of any such convictions is required during the application process.
Mandatory Training and Examination
Washington State does not mandate a training course or a competency examination for individuals seeking a traditional Notary commission. Despite this, the Department of Licensing strongly recommends that all applicants voluntarily complete an educational course. Such training helps ensure a clear understanding of the Revised Code of Washington (RCW) and the state’s notarial regulations, covering state laws, ethical standards, and proper procedures.
The DOL provides resources and a list of approved education providers for those seeking voluntary training. Prospective Notaries who choose to pursue electronic notarization or remote online notarization must meet additional training and technical requirements. Completing education before submitting the application can help an applicant avoid procedural errors and begin their term with a firm grasp of their responsibilities.
Securing Your Notary Bond and Insurance
Securing a $10,000 surety bond is a mandatory component of the application process, as required by Washington law (RCW 42.45). This bond is a financial guarantee that protects the public from financial harm resulting from any negligent or wrongful act performed by the Notary. The bond is a contract among the Notary, the surety company, and the State of Washington.
The surety bond protects the public, not the Notary personally. If a claim is paid out due to the Notary’s error or misconduct, the Notary is legally obligated to reimburse the surety company for the full amount. For this reason, many Notaries purchase optional Errors and Omissions (E&O) insurance. E&O insurance provides personal liability coverage that can help cover legal defense costs and damages in the event of a lawsuit related to a notarial act.
Submitting the Official State Application
The Department of Licensing (DOL) manages the application process for a Washington Notary commission. Applicants can submit the required documentation online through the SecureAccess Washington (SAW) portal or by mail. The application packet must include the completed Notary Public Commission Application, a copy of the signed $10,000 surety bond, and a notarized Oath of Office form.
The current application fee is $40 for a standard commission, payable during online submission or via check/money order if applying by mail. An applicant may choose to apply for an electronic notarization endorsement simultaneously for an additional fee. Processing time for a complete application typically takes at least 30 days, and incomplete submissions will cause a delay in issuing the commission.
Receiving and Recording Your Commission
Once the Department of Licensing approves the application, the Notary receives their official commission certificate, which formally grants the authority to perform notarial acts. The DOL now manages the Notary commission process directly, and the certificate serves as the official record. A separate filing or recording with the county auditor is no longer required for legal validation. The commission’s effective date is the date the DOL issues the license, and the Notary must not perform any acts before that date.
Essential Notary Tools and Supplies
A Washington Notary must acquire specific tools to perform authorized notarial acts, including an official notary stamp or seal. The seal must be an inked stamp or an embosser. It must contain the words “Notary Public” and “State of Washington,” the Notary’s name, commission number, and the commission expiration date. The stamp impression must be photographically reproducible and legible.
Washington law also requires the mandatory maintenance of a secure chronological journal for all notarial acts. This journal must be a permanent, bound book with numbered pages. Specific details must be recorded for every act, including the date and time, a description of the document, the signer’s full name and address, and the identification method used. The journal must be kept locked and secured under the Notary’s exclusive control for a minimum of ten years after the last entry.
Responsibilities and Renewal
The Notary Public role carries a significant set of professional responsibilities, primarily serving as an impartial witness. Notaries must not provide legal advice or draft legal documents unless they are licensed attorneys, as this constitutes the unauthorized practice of law. A primary duty is positively identifying the signer for every notarial act, which can be accomplished through personal knowledge or reliable government-issued identification that is not expired by more than three years.
A Notary commission in Washington is valid for a term of four years, with the expiration date tied to the surety bond. The renewal process must be completed before the current commission expires, and the DOL allows applications up to 120 days in advance. Renewal requires securing a new $10,000 surety bond and submitting a new application and fee. If the commission is allowed to expire, the individual must apply as a new Notary.