[WSBAPT] Question about remote notary

Thu Apr 9 08:51:36 PDT 2020

If this helps - I sent in a license addendum for my notary on March 26 (the
fee is $15) and indicated we would be using DocVerify. The DOL has now
cashed my check, although I have yet to receive the updated license. To me,
that means my notary should be able to notarize by DocVerify once my office
receives the license.

Here's the link to the DOL license application:

https://www.dol.wa.gov/forms/659005.pdf

Also, another practitioner previously posted his thoughts on how to get
around our current issue of social distancing in signing Wills. Rajiv
Nagaich recommended doing it on Zoom, (which is recorded), the client looks
at a copy of the will and directs the attorney to sign on his behalf, which
is then witnessed and notarized in the presence of the (attorney) signer.
The problem with the RON act is that, under WA law, Wills still require
line of sight for witnesses. I feel it may be a squishy argument to use
Zoom witnesses, although if that's the best case (or only) option, then
that's what you would have to do.

My two cents!

*Kira M. Rubel*

**Licensed in CA and WA*

*The Harbor Law Group (**formerly, Law Office of Kira M. Rubel**)*

*3615 Harborview Drive NW, Suite C (on the dock)*

*Gig Harbor, WA 98332-2129*

Tel.  (253) 251-2955 | (800) 836-6531

Fax. (206) 238-1694

Zoom ID. (253) 251-2977

www.theharborlawgroup.com

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On Mon, Apr 6, 2020 at 5:52 PM Christie Martin <christie at cascadialawyers.com>
wrote:

> And what about the witnesses….
>
>
>
>
>
> *Christie L. Martin* *| Martin & Richards, **PLLC*
>
> *Attorney at Law*
>
>
>
> B: 503-444-3449
>
> C: 503-545-9199
>
> F: 360-637-0300
>
>
>
>
>
>
>
> *From: *<wsbapt-bounces at lists.wsbarppt.com> on behalf of Maureen Wickert <
> wickertlaw at comcast.net>
> *Reply-To: *WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Date: *Saturday, April 4, 2020 at 12:47 PM
> *To: *'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
> *Subject: *Re: [WSBAPT] Question about remote notary
>
>
>
>
> https://www.americanbar.org/groups/business_law/publications/committee_newsletters/banking/2019/201907/fa_2/
>
>
>
>
> The above website by ABA provides some insight into RONs.
>
>
>
> There seem to be electronic endorsed notaries who notarize electronic
> documents online where everything is digital, including digital signatures.
>
>
>
>
> A RON notary and the signer is in two physical places but connected
> through an audio/visual platform at the same time during the signing. My
> understanding with RON and looking at the revised RCW 42.45 and WAC 308-30
> the notary must be commissioned with an electronic endorsement here in
> WA.   My question is if a person signs in front of a RON notary, does the
> signer mails his or her signed originals to marry up with the RON’s
> certificate for a complete document? Or will the Ron expect to mail his or
> her certificate to the signer to marry up with the original signed
> document?  Not sure what other procedures people have thought about.
>
>
>
> I looked through some videos too about RONs.  My worry that RON may create
> confusion with clients to make it practical. Especially those who are
> computer or internet challenged.  Those who are internet savvy will not
> have a problem.
>
>
>
> Very truly yours,
>
> Maureen A. Wickert, Attorney at Law
>
>
>
> [image: cid:image001.jpg at 01D60A7E.F42D39D0]
>
> 14900 Interurban Avenue South, Suite 255
>
>         Tukwila, WA 98168
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>        Phone: 206-859-5502
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>          Fax: 206-260-9005
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>      www.wickertlawoffice.com
>
>        wickertlaw at comcast.net
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> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Ronda Larson Kramer
> *Sent:* April 4, 2020 11:52
> *To:* 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
> *Subject:* Re: [WSBAPT] Question about remote notary
>
>
>
> One thing I have recently realized (please correct me if I'm wrong) is
> that for RON to work, you need not have a Washington notary involved. It
> seems to me that all our clients need to do right now to execute a power of
> attorney or deed, etc., is to go online to one of these companies like
> NotaryCam or Safedocs (that the DOL listed) and have them notarize the
> document (for a fee of around $25). All their RON notaries for that
> self-serve option are commissioned in Virginia, which was the first state
> to authorize RON in 2012. Full faith and credit laws are already existing
> in most of the states regarding notaries and the federal government
> apparently is enacting one for RON in the next few days that is nationwide.
> At least this is what I heard from a webinar by NotaryCam today.
>
>
>
> *Ronda Larson Kramer*
>
> *J.D., LL.M in Tax Laws, Owner*
>
> *L**ARSON** L**AW**, PLLC*
>
> *Elder Law, Estate Planning*
>
> 1700 Cooper Point Rd SW, Bldg A3
>
> Olympia WA 98502
>
> Ph: 360-259-3076
>
> ronda at larsonlawpllc.com
>
> www.larsonlawpllc.com
>
>
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> *NOTICES*: This message, including attachments, is confidential and may
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> ------------------------------
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> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> on behalf of Ronda Larson Kramer <
> ronda at larsonlawpllc.com>
> *Sent:* Friday, April 3, 2020 4:02 PM
> *To:* 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
> *Subject:* Re: [WSBAPT] Question about remote notary
>
>
>
> Correct--the Department of Licensing has not even figured out which
> companies are approved as the platform for remote online notarization. DOL
> stated in an email to me yesterday:
>
>
>
> Given the immediate effect of the remote notarization, the department has
> not had time to vet individual companies, however we are aware of the
> following companies offering remote notarization services.
>
>
>
> •          DocVerify
>
> •          Notarize
>
> •          NotaryCam
>
> •          Pavaso
>
> •          Safedocs
>
> •          SIGNiX
>
> •          Nexsys Clear Sign
>
>
>
>
>
> *Ronda Larson Kramer*
>
> *J.D., LL.M in Tax Laws, Owner*
>
> *L**ARSON** L**AW**, PLLC*
>
> *Elder Law, Estate Planning*
>
> 1700 Cooper Point Rd SW, Bldg A3
>
> Olympia WA 98502
>
> Ph: 360-259-3076
>
> ronda at larsonlawpllc.com
>
> www.larsonlawpllc.com
>
>
>
> *NOTICES*: This message, including attachments, is confidential and may
> contain information protected by the attorney-client privilege or work
> product doctrine. If you are not the addressee, any disclosure, copying,
> distribution, or use of the contents of this message are prohibited. If you
> have received this email in error, please destroy it and notify me
> immediately. Any tax advice contained in this message is not intended or
> written to be used, and cannot be used, for the purpose of (1) avoiding
> penalties under the internal revenue code or (2) promoting, marketing, or
> recommending to others any tax-related matter(s) addressed here.
>
>
> ------------------------------
>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> on behalf of nestor at pplsweb.com <
> nestor at pplsweb.com>
> *Sent:* Friday, April 3, 2020 12:18 PM
> *To:* 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
> *Subject:* Re: [WSBAPT] Question about remote notary
>
>
>
> Quite frankly, when he issued this executive order, I thought there is no
> way this can be implemented in such a short time for this brief window of
> use. Unless I am mistaken, did the Department of Licensing’s Notary Public
> unit approve companies and their platform? Are procedure in place and
> notaries approved and trained in these platforms?
>
>
>
> To me this was a well-intentioned knee jerk reaction not carefully thought
> out.
>
>
>
>
>
> Nestor Gorfinkel, Attorney at Law
>
> Licensed in Washington & Florida
>
> Florida Civil-Law (International) Notary
>
>
>
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> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Jamia Burns
> *Sent:* Friday, April 3, 2020 11:55 AM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* Re: [WSBAPT] Question about remote notary
>
>
>
> You also need a special license from the state specifically for electronic
> notarization, which requires special software.
>
> Jamia S. Burns
> Attorney at Law - Estate Planning
> 360-739-6379
> www.jamiaburnslaw.com
> jamia at jamiaburnslaw.com
> Mail: P.O. Box 29453
> Bellingham, WA 98228
> Office: 1200 Dupont Street, Ste. 1-D
> Bellingham, WA 98225 (by appointment only)
>
>
>
> On Fri, Apr 3, 2020, 11:52 AM Craig Gourley <craig at glgmail.com> wrote:
>
> Governor issued order advancing to effective date to now. However if I
> recall correctly it was only through April 26th. Might be wrong on that.
>
> Sent from my Verizon, Samsung Galaxy smartphone
>
> Get Outlook for Android <https://aka.ms/ghei36>
>
>
> ------------------------------
>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> on behalf of John Yip <
> johntyip at gmail.com>
> *Sent:* Friday, April 3, 2020 11:26:39 AM
> *To:* wsbapt at lists.wsbarppt.com <wsbapt at lists.wsbarppt.com>
> *Subject:* [WSBAPT] Question about remote notary
>
>
>
> Are remote notarizations (e.g. via teleconferencing, etc.) allowed under
> Washington State law, and if so, can someone please provide me a cite or
> link to the authorization?  I found RCW 42.45.280, which allows remote
> notarizations, but unfortunately, that statute does not take effect until
> October.
>
>
>
> Thanks,
>
> John
>
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