[WSBARP] Remote Notary Public law

Wed Mar 25 12:13:56 PDT 2020

See 42.45.280 for remote notarial acts.

Teague Pasco
(360) 643-3990

On Wed, Mar 25, 2020, 11:31 AM Jeanne Dawes <jjdawes at goregrewe.com> wrote:

> I’m not sure the Gov’s Order works at all.  This is from the Notary
> Handbook Maureen sent out.
>
>
>
> Limitations on electronic notarization RCW 42.45.180; WAC 308-30-110(3);
> WAC 308-30-200 While the incoming laws and rules allow notaries with
> electronic records endorsements to perform notarizations on electronic
> documents, there are two major limitations that you should keep in mind. The
> first major limitation is that every party to the notarial act must still
> be physically present with you during the notarization. This means that
> even though the documents are electronic, the signing parties must still be
> signing these electronic documents on a computer in front of you. This is
> in contrast to another notary topic, known as remote notarization, where
> notaries may notarize documents over online communications software such as
> Skype, Facetime, or Google Hangouts. Washington law does not authorize
> notaries to perform remote notarizations. This publication provides general
> information concerning your rights and responsibilities. It is not intended
> as a substitute for specific Legal advice. This information is current as
> of July 1, 2018. Page 15 The second major limitation has already been
> discussed, which is the journal requirement. The journal requirement is the
> same for electronic notarial acts as it is for all other notarial acts:
> each notarial act must be recorded in your journal. As stated above, a
> notary’s physical journal must contain records of all notarial acts,
> including electronic notarial acts. Electronic notarial software may create
> an electronic journal as a duplicate, but even then, you must record the
> act in your physical journal.
>
>
>
> *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
>
>
>
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>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com *On Behalf Of *Maureen Wickert
> *Sent:* Wednesday, March 25, 2020 10:30 AM
> *To:* 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] Remote Notary Public law
>
>
>
> https://www.dol.wa.gov/business/notary/docs/notary-handbook.pdf
>
>
>
> Page 7 and in particular page 14 of the above notary handbook from DOL
> discusses a commissioned electronic notary public. It indicates
> commissioned notary publics who notarize electronic signatures to
> electronic documents and not physical signatures remotely. This seems to be
> directed to industries such as companies handling multiple real estate
> electronic document transactions.
>
>
>
> Very truly yours,
>
> Maureen A. Wickert, Attorney at Law
>
>
>
> 14900 Interurban Avenue South, Suite 255
>
>         Tukwila, WA 98168
>
>        Phone: 206-859-5502
>
>          Fax: 206-260-9005
>
>      www.wickertlawoffice.com
>
>        wickertlaw at comcast.net
>
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>
> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Rebecca King
> *Sent:* March 25, 2020 10:00
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] Remote Notary Public law
>
>
>
> The SB seems to contemplate that we will need an Electronic Notary
> Endorsement (application attached).  I don’t see where this requirement is
> waived in the proclamation.  Anyone have any thoughts on this?
>
>
>
> Warmest regards,
>
> Rebecca King
>
> Attorney
>
>
>
> *Northwest Elder Law Group*
>
> 2150 N. 107th Street, Suite 501
>
> Seattle, WA 98133
>
> Main: (206) 937-6102
>
> Direct Line and Fax: (206) 866-6544
>
>
>
> *Providing Services in Elder Law*
>
>
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> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *nestor at pplsweb.com
> *Sent:* Wednesday, March 25, 2020 6:26 AM
> *To:* 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] Remote Notary Public law
>
>
>
> This is good news, any guidance on how is it going to be implemented?
>
>
>
>
>
> Nestor Gorfinkel, Attorney at Law
>
> Licensed in Washington & Florida
>
> Florida Civil-Law (International) Notary
>
>
>
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>
> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Carla J. Higginson
> *Sent:* Tuesday, March 24, 2020 9:39 PM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* [WSBARP] Remote Notary Public law
>
>
>
> Colleagues:
>
>
>
> Please see the below proclamation from Gov. Inslee moving up the
> implementation date of SB 5641 (dealing with remote notaries):
>
>
>
>
> https://www.governor.wa.gov/sites/default/files/proclamations/20-27%20-%20COVID-19%20Notary%20%28tmp%29.pdf
>
>
>
> Here are the operative paragraphs:
>
>
>
> “FURTHERMORE, based on the above situation and under the provisions of RCW
> 43.06.220(2)(g), I also find that strict compliance with the following
> statutory obligations or limitations will prevent, hinder or delay
> necessary action in providing relief to vulnerable populations and the
> businesses and professionals that serve them in the provision of estate and
> end of life planning, travel and adoptions, while applying appropriate
> social distancing measures, by removing the delayed effective date of and
> allowing for the new electronic notary services provisions authorized by,
> Senate Bill (SB) 5641, An Act relating to electronic notarial acts by
> remotely located individuals, Chapter 154, Laws of 2019, and codified
> within RCW 42.45, to take effect immediately, which relief is necessary for
> coping with the COVID-19 State of Emergency under Proclamation 20-05, and
> that the specific effective date provisions in Section 10 of SB 5641 is
> hereby waived and suspended, effective March 27, 2020 until midnight on
> April 26, 2020:
>
>
>
>  The result of this proclamation is that the delayed effective date in
> Laws of 2019, ch. 154, § 10 (codified as a note following RCW 42.45.280),
> is removed and SB 5641, An Act relating to electronic notarial acts by
> remotely located individuals, will take effect immediately, until
> expiration of this Order.”
>
>
>
>
>
> ___________________________
>
>
>
> Carla J. Higginson, Attorney
>
> *Higginson Beyer**, P.S.   *
>
> *Friday Harbor Office**:*
>
> 175 Second Street North, Friday Harbor, Washington 98250 | Telephone:
> (360) 378-2185 | Facsimile: (360) 378-3935
>
> *Seattle Office**:*
>
> 701 Fifth Avenue, Suite 5500, Seattle, Washington 98104 | Telephone: (206)
> 623-8888 | Facsimile: (360) 378-3935
>
>
>
> *carla at higginsonbeyer.com <carla at higginsonbeyer.com>*
>
> *HigginsonBeyer.com*
>
>
>
>
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>
> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Rob Rowley
> *Sent:* Tuesday, March 24, 2020 11:09 AM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] Dept of Treasury memo Financial Services sector
>
>
>
> A Spokane title company:
>
> “Right now, we are considered an essential service and are open for
> business.  We do not allow walk-ins however. We are also moving toward
> e-recordings only.”
>
>
>
> Attorney Robert R Rowley
>
> W: (509) 252-5074
>
> M: (509) 994-1143
>
> rob at rowleylegal.com
>
>
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *nestor at pplsweb.com
> *Sent:* Tuesday, March 24, 2020 10:54 AM
> *To:* 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] Dept of Treasury memo Financial Services sector
>
>
>
> From financial services page:
>
>
>
> “…providers of the critical financial utilities and services that support
> these functions”.
>
>
>
> I was advised that one title underwriter interpreted that memo to include
> escrow and title services. If somehow one’s practice  provides a service
> related thereto including banking, etc. this could fall under this.
>
>
>
> I leave this to everyone’s interpretation. Just forwarding information.
> Stay safe.
>
>
>
>
>
> Nestor Gorfinkel, Attorney at Law
>
> Licensed in Washington & Florida
>
> Florida Civil-Law (International) Notary
>
>
>
> *ATTENTION - This e-mail message and any attachment to this e-mail message
> may contain confidential information that is legally privileged. If you are
> not the intended recipient, you must not review, retransmit, convert to
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> If you have received this e-mail in error, please notify us immediately by
> return e-mail or by telephone at the phone numbers provided herein and
> delete this message. Please note that if this e-mail message contains a
> forwarded message or is a reply to a prior message, some or all of the
> contents of this message or any attachments may not have been produced by
> the sender.*
>
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> *P* *Please consider the environment before printing this e-mail.*
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>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *
> scott at scottgthomaslaw.com
> *Sent:* Tuesday, March 24, 2020 10:26 AM
> *To:* 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] Dept of Treasury memo Financial Services sector
>
>
>
> I don’t read that memo in the same way.  Here is what Gov. Inslee has
> said:
> https://coronavirus.wa.gov/sites/default/files/2020-03/EssentialCriticalInfrastructureWorkers.pdf
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *nestor at pplsweb.com
> *Sent:* Tuesday, March 24, 2020 9:19 AM
> *To:* 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
> *Subject:* [WSBARP] Dept of Treasury memo Financial Services sector
>
>
>
>
>
> I just received this.
>
>
>
> Nestor Gorfinkel, Attorney at Law
>
> Licensed in Washington & Florida
>
> Florida Civil-Law (International) Notary
>
>
>
> *ATTENTION - This e-mail message and any attachment to this e-mail message
> may contain confidential information that is legally privileged. If you are
> not the intended recipient, you must not review, retransmit, convert to
> hard copy, copy, use or disseminate this e-mail or any attachments to it.
> If you have received this e-mail in error, please notify us immediately by
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