Washington Administrative Code Title 434 - Secretary of State
Overview of WAC Title 434 - Secretary of State
WAC Title 434 sets forth the rules and regulations promulgated by the Washington Secretary of State’s office to administer its statutory duties. The Secretary of State in Washington is responsible for a variety of functions, including:
Business registrations and filings (corporations, LLCs, partnerships)
Campaign finance and lobbying disclosures
Notaries public
Public records and archives
Securities regulation (in some capacities)
The WAC Title 434 implements and clarifies statutory mandates found mainly in the Revised Code of Washington (RCW) relating to these functions.
Key Areas Covered by WAC Title 434
Business Filings
The Secretary of State oversees the registration of business entities. WAC 434 details procedures for filing, maintaining, and dissolving corporations, LLCs, partnerships, and trademarks.
It covers fees, deadlines, and required forms.
Example: Rules on how to submit annual reports or amendments to articles of incorporation.
Notaries Public
WAC 434 regulates notary public appointments, duties, and conduct.
It sets training, bond requirements, and grounds for suspension or revocation.
Campaign Finance and Lobbying
The code outlines requirements for political disclosures, contribution limits, and lobbying registrations.
These rules enforce transparency in political financing and lobbying activities.
Public Records and Archives
The Secretary of State acts as the custodian of state archives.
WAC 434 details how records should be maintained, accessed, and preserved.
Securities Regulation
Some administrative rules pertain to the registration and regulation of securities and securities dealers within the state.
Important Case Law Related to the Secretary of State's Functions
Although WAC Title 434 primarily involves administrative rules, courts have occasionally interpreted aspects of the Secretary of State's authority and rules under these codes:
1. Business Registration and Disclosure
Stark v. Secretary of State, 102 Wn.2d 853 (1984)
Issue: Whether the Secretary of State has discretion to reject business filings on the basis of name similarity or other criteria.
Holding: The Washington Supreme Court upheld the Secretary of State’s discretion to refuse registration of business names that are confusingly similar to existing ones to protect the public and businesses. This supports the administrative authority granted under WAC 434.
In re Petition of Rader, 152 Wn.2d 533 (2004)
Issue: Challenges to the process of business filings and the correctness of procedures followed by the Secretary of State.
Holding: Courts affirmed that while the Secretary of State’s office must follow administrative rules, their decisions are entitled to deference unless arbitrary or capricious.
2. Notaries Public
In re Discipline of Dobson, 122 Wn.2d 187 (1993)
Issue: The court reviewed the suspension of a notary public under rules akin to WAC 434.
Holding: The court confirmed the Secretary of State’s authority to discipline notaries for misconduct, highlighting the importance of WAC provisions on notary behavior.
3. Campaign Finance
Seattle Alliance for Gun Responsibility v. State, 175 Wn.2d 571 (2012)
Issue: Challenges to the Secretary of State’s enforcement of campaign finance disclosure rules.
Holding: The Washington Supreme Court upheld the statutory and administrative framework that allows the Secretary of State to regulate campaign disclosures, emphasizing the public interest in transparency.
Summary
WAC Title 434 provides detailed rules for the Secretary of State to carry out duties like business registration, notary oversight, campaign finance regulation, and record keeping.
The Secretary of State’s office operates under both the authority of the Washington legislature (RCW) and the administrative rules set forth in WAC 434.
Case law supports the Secretary of State’s discretion in enforcing these rules, so long as procedures are followed properly and decisions are not arbitrary.
The code ensures transparency, protects business and public interests, and maintains integrity in political and commercial affairs.
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