[WSBARP] Notary rulemaking update

Tue Feb 13 16:02:31 PST 2018

I have a question regarding the journal requirement.  It appears that the journal will be a mandatory requirement.  While I do keep a journal of sorts for non-co-worker notaries (copies of each signed document signed (or a notation of the document and date and time signed) and a copy of the identification taken,), I do not do this for my co-workers.   I know their signatures I've been working with them for years.

It looks like a more formal journal will now be required.  If I'm reading the proposed WAC's correctly, it appears the journal must be signed by the individual who notary acknowledgement is being taken.  The proposed WAC states

[§21]

Format of journals of notarial acts

(1) A tangible notarial journal shall: (a) Be a permanently bound book with numbered pages, and;

(b) have the capacity to record for each notarial act: i. The information required by RCW 42.45.180(4);

ii. A description of the notary public's method of identifying the principal, and;

iii. The principal's signature.

(10) "Principal" means: (a) an individual whose electronic signature is notarized; or,

(b) an individual, other than a witness required for an electronic notarial act, taking an oath or affirmation from the notary public.

RCW 42.45.180(4) states:
(4) An entry in a journal must be made contemporaneously with performance of the notarial act and contain the following information:
(a) The date and time of the notarial act;
(b) A description of the record, if any, and type of notarial act;
(c) The full name and address of each individual for whom the notarial act is performed; and
(d) Any additional information as required by the director in rule.

We are doing multiple estate planning signings every day, and it seems weird that the rules would require the person whose signature is being notarized to sign the notary log.  I'm wondering if I am understanding the rule correctly, or if the WAC rule might be revised so as to not include the principal's signature.

I'm also wondering if law firms who have a high volume of notarizing could be exempt from the journal requirements for clients if they keep copies of the signed documents and copies of the identification used in the client file.

Secondly, I notarize my co-worker's signatures as witnesses to wills multiple times a day.  Does this rule mean that every day (because it happens just about every day) I need to make a journal entry for my co-workers?  We keep copies of the documents notarized and copies of the ID used to identify the principal in our file.  It seems duplicative and inefficient to also have to keep a journal for this type of work.

Jeanne

Jeanne J. Dawes
Attorney at Law
Gore & Grewe, P.S.
103 E. Indiana Avenue, Suite A
Spokane, WA 99207-2317
Voice:  509-326-7500
Fax:      509-326-7503
jjdawes at goregrewe.com<mailto:jjdawes at goregrewe.com>

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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Nicholas Pleasants
Sent: Tuesday, February 13, 2018 1:56 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Notary rulemaking update

Hello Real Property Listserv,

As I am sure most of you are aware, the new rules for notaries are going into effect on July 1, 2018. There was a helpful summary of the main changes in our section's newsletter, Summer 2017 edition, page 19.

I am planning to attend the rulemaking meeting this Thursday to get more clarity about the electronic notary process (e.g. I have clients overseas that would love to do an electronic notary, but this seems to conflict with the restriction that my notary license only works inside Washington state). If anyone has specific questions about the implementation of new RCW 42.45 and WAC 308-30, I would be happy to take those to the DOL and report back. I've attached the agenda for reference. And if some of you will also be attending, I will look forward to seeing you there.

Best,
Nick Pleasants

Nicholas Pleasants
James Pleasants, P.C.
2300 130th Ave NE, Suite A-101
Bellevue, WA 98005-1755
(425) 615-7070 tel.
(425) 497-0799 fax
nick at pleasantslaw.com<mailto:nick at pleasantslaw.com>
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