[WSBAPT] Copy of Notary Stamp Questions

Mon Apr 30 09:52:20 PDT 2018

Again, pretty much just copied from the statute, but here it is, FWIW.

Heather S. de Vrieze
Attorney-at-Law
[cid:image001.jpg at 01D013C2.30F35160]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>
Click here to connect with de Vrieze | Carney on Facebook:   [FB Logo] <https://www.facebook.com/DeVriezeCarney>

CONFIDENTIAL & PRIVILEGED. This e-mail message may contain legally privileged and/or confidential information.  If you have received this e-mail in error, please notify the sender immediately and delete all copies of this e-mail message and any attachment.

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Glenn Price
Sent: Monday, April 30, 2018 9:16 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Copy of Notary Stamp Questions

Heather, it would be great if you would share your form.  And thank you for offering.

Best,

GDP

Glenn D. Price, J.D.
Price & Farrington, PLLC
Attorneys and Counselors at Law
Parkwood Office Center
2370 130th Avenue N.E., Suite 103
Bellevue, Washington 98005
Phone: 425.451.3583  Fax: 425.522.4818
Email: glenn at pricefarrington.com<mailto:glenn at pricefarrington.com>
Home page:   www.pricefarrington.com<http://www.pricefarrington.com/>
Estate, Tax, Retirement and Asset Protection Planning
From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Heather deVrieze
Sent: Monday, April 30, 2018 8:56 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Copy of Notary Stamp Questions

Your bank client should familiarize themselves with 11.125.200 as well. They can ask for "certification", or translation, otherwise, have time limits to accept the agent's authority without liability. A review of 11.125.190 can help them understand what "certification" means, and it does NOT mean recording with the county or filing with the court and obtaining official "certified" copies. The "certification" can almost certainly require an original notary seal.

Of course, the fact that they are reaching out to you to help develop policy is a good sign, and a great opportunity to education them, perhaps even help them develop a "certification" form that they can provide to agents for their customers. I include these with all powers of attorney I draft, but they don't seem to be in common circulation yet. I'd be happy to share my form, but it is lifted straight out of the statute.

Heather

Heather S. de Vrieze
Attorney-at-Law
[cid:image001.jpg at 01D013C2.30F35160]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>
Click here to connect with de Vrieze | Carney on Facebook:   [FB Logo] <https://www.facebook.com/DeVriezeCarney>

CONFIDENTIAL & PRIVILEGED. This e-mail message may contain legally privileged and/or confidential information.  If you have received this e-mail in error, please notify the sender immediately and delete all copies of this e-mail message and any attachment.

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jennifer Nugent
Sent: Sunday, April 29, 2018 4:35 PM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Copy of Notary Stamp Questions

I have a bank client who is wondering about the acceptance of photocopies of Powers of Attorney documents when they never see the original document.  Their concern is that RCW 42.44.080 states that a signature and seal or stamp of a notary public is prima facie evidence that the signature of the notary is genuine and that the person is a notary public, but RCW 42.44.180 states that the authenticity of a notarial seal and official signature of a notary public may be evidenced by a certificate of authority from the director or the secretary of state (and two other options which aren't available to them).  Client recognizes that RCW 11.125.060 specifically states that a copy of a Power of Attorney is valid, but wonders about the photocopy of the notary stamp validity and whether this RCW contradicts the specific notary RCWs listed above.  It is my belief that RCW 11.125.060 is the statute that is more directly on point and may be relied upon to accept copies, but I wasn't able to find any case law directly on point and wanted to see if anyone had run across this before or had some different opinions or ideas.

Thanks in advance!

[Jennifer Nugent]

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20180430/4335c822/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image006.jpg
Type: image/jpeg
Size: 4730 bytes
Desc: image006.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20180430/4335c822/image006.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image007.png
Type: image/png
Size: 3264 bytes
Desc: image007.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20180430/4335c822/image007.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image008.jpg
Type: image/jpeg
Size: 6543 bytes
Desc: image008.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20180430/4335c822/image008.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 7108 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20180430/4335c822/image001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 5137 bytes
Desc: image002.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20180430/4335c822/image002.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: CERTIFICATE.docx
Type: application/vnd.openxmlformats-officedocument.wordprocessingml.document
Size: 14491 bytes
Desc: CERTIFICATE.docx
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20180430/4335c822/CERTIFICATE.docx>