RCW 42.45 and WAC 308-30 — Washington Notary Law Explained
Two Documents Run the Entire System
Every rule governing Washington notary commissions traces back to two legal instruments: Chapter 42.45 of the Revised Code of Washington (RCW) and Chapter 308-30 of the Washington Administrative Code (WAC). The statute — RCW 42.45 — is the Revised Uniform Law on Notarial Acts (RULONA), adopted by Washington and roughly two dozen other states to standardize notarial practice. The administrative code — WAC 308-30 — is where the Department of Licensing fills in the operational details: fee schedules, stamp dimensions, journal format, application procedures.
If you need to look up a specific rule during your commission, these are the two sources. Everything else — NNA guidelines, bonding company checklists, RON platform terms — is commercial interpretation layered on top of this statutory foundation.
RCW 42.45: The Statute
Chapter 42.45 RCW establishes the legal authority and boundaries of a Washington notary public commission. The sections that matter most for working notaries:
RCW 42.45.010 — Definitions. Sets the legal meaning of terms like "appear personally," "electronic record," "notarial act," and "remote notarial act." These definitions determine whether a specific transaction falls within your commission's scope.
RCW 42.45.020 — Authority to Perform Notarial Acts. This is where the conflict-of-interest prohibition lives. You cannot notarize a document where you or your spouse/domestic partner is a named party or holds a direct beneficial interest. No exceptions for small interests or family convenience.
RCW 42.45.030 — Requirements for Certain Acts. Covers identity verification standards, copy certification rules, and the attorney-only restriction on noting protests of negotiable instruments.
RCW 42.45.060 — Refusal Authority. Grants you the right to refuse a notarization if the signer appears incompetent, lacks capacity, or seems to be acting involuntarily. This is an affirmative power, not a technicality — exercising it protects both you and the signer.
RCW 42.45.135 — Stamp Security. Makes you personally responsible for your stamping device. Nobody else may use your stamp, and you must secure it under your exclusive control.
RCW 42.45.180 — Journal Requirements. Mandates a tangible journal for all notarial acts, retained for 10 years.
RCW 42.45.200 — Commission Qualifications. Lists the eligibility criteria: age 18+, English literacy, Washington residency or employment, $10,000 surety bond. As of July 2024 (HB 1889), citizenship status cannot be used to deny a commission.
RCW 42.45.210 — Grounds for Denial, Suspension, or Revocation. Covers criminal convictions, fraud, and professional misconduct as bases for losing your commission.
RCW 42.45.230 — Advertising Restrictions. The "notario" ban. Non-attorney notaries cannot use "Notario Público," "Licenciado," or equivalent terms in any language in their marketing materials. Penalties include fines and commission revocation.
WAC 308-30: The Operating Manual
Where RCW 42.45 establishes what a notary can and cannot do, WAC 308-30 specifies exactly how. Key sections:
WAC 308-30-030 — Application Process. Details the mechanical steps for base commissions, electronic endorsements, and remote online notary registrations.
WAC 308-30-050 — Term of Commission. Links your commission expiration to the active date of your surety bond, capping the term at four years.
WAC 308-30-060 — Application Fees. The current fee schedule: $40 for a base commission, $42 for renewal, $15 for the electronic endorsement (initial or renewal), $5 for a mailed certificate, $15 for a duplicate.
WAC 308-30-070 — Official Seal Specifications. Circular stamps: minimum 1-5/8 inches diameter. Rectangular: minimum 1 inch by 1-5/8 inches. Must include "Notary Public," "State of Washington," your commissioned name, commission number, and expiration date. Minimum 8-point font. No state seal. Permanent, smear-resistant ink.
WAC 308-30-080 — Acquiring the Seal. Stamp vendors cannot manufacture your seal without proof of your commission certificate. Also establishes that the stamp is your personal property — not your employer's.
WAC 308-30-200 — Journal Format. Permanently bound book with pre-numbered pages. This design prevents page extraction or deletion.
WAC 308-30-210 — Disposition of Journals. Governs journal destruction after the 10-year retention period and requires reporting journal location to the state if you resign your commission.
WAC 308-30-220 — Fee Caps. Standard notarial acts: $15 maximum per signature or per page certified. Remote online notarizations: $25 maximum per transaction (a flat cap that supersedes the $15 standard).
WAC 308-30-250 — Name or Address Changes. You must notify the DOL within 15 calendar days of any change. Name changes require a $15 duplicate certificate fee and a bond rider.
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Paper Remote Online Notarization: HB 2158
Washington House Bill 2158 introduces Paper Remote Online Notarization (PRON) — a hybrid model where paper documents are notarized through audio-video technology rather than requiring the signer's physical presence. This is distinct from traditional RON, which deals exclusively with electronic documents.
PRON addresses a specific gap: documents that must remain in paper form (certain court filings, original wills, some real estate instruments) but where the signer and the notary cannot physically meet. The framework maintains the same identity-proofing standards as standard RON — credential analysis and knowledge-based authentication — while allowing the notary to witness the signing of a physical document via secure video.
The bill was signed into law on March 11, 2026, and takes effect January 1, 2027. It represents Washington's continued expansion of remote notarization authority beyond the initial RON framework established under RULONA.
How to Use These References
When you encounter a compliance question — "Can I charge $20 for this acknowledgment?" or "Does my employer own my journal?" — the answer lives in one of these two sources. The RCW tells you the legal principle; the WAC tells you the procedure.
For the complete commissioning sequence, from bond procurement through stamp ordering and endorsement applications, our Washington Notary Commission guide walks through every step in the order the DOL expects them, with the specific RCW and WAC sections referenced at each stage.
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Download the Washington — Notary Commission Requirements Checklist — a printable guide with checklists, scripts, and action plans you can start using today.