How to notarize electronic documents

How to notarize electronic documents

As of July 1, 2018, notaries with an electronic records notary public endorsement will be permitted to perform notarial acts on electronic documents.  In doing so, you will affix an electronic copy of your seal or stamp and your digital signature to an electronic document, usually in a .pdf format, and have the signing parties affix digital signatures to the document concurrently. This endorsement will allow for quicker transmission of documents, particularly in industries where large numbers of documents are transferred regularly, such as in the real estate industry.

Once you have an electronic records notary public endorsement, you can notarize electronic documents using appropriate software from a third party notary technology provider. As noted above, you must report each technology provider you intend to use to the Department before using that technology.  One way to think about this software is as the analog for your physical seal or stamp; it is what you use to apply your seal or stamp image (and your signature), and you can only get it once you have your endorsement.  Any technology you use must be “tamper-evident” and meet the minimum requirements of WAC 308-30-130.  There are several companies that are offering these services, which you can find by searching online.  The Department of Licensing does not endorse any particular notary technology at this time. 
 
The basic requirements of electronic notarization are the same as they are for any notarization, as all requirements of chapter 42.45 RCW and chapter 308-30 WAC apply to both types of notarial acts.  The specifics of how to notarize electronic documents, once you have secured your endorsement, vary based on the company and service that you choose, which makes giving specific information difficult.  You should speak to your technology provider if you need more assistance about how to perform notarial acts with this software.

Related laws