District of Columbia - U.S. Notary Reference

F Last Update: January 9, 2024

QUICK FACTS

Notary Jurisdiction

District of Columbia (CDC 1-1231.9[a][1]).

Notary Term Length

1. Notaries Public: Five years (CDC 1-1231.19[g]), expiring at midnight on the commission expiration date.

2. Government Notaries: Government Notaries must resign their commissions on leaving government service (17 DCMR 2400.8 and NPH).

Notary Bond

$2,000 “assurance in the form of a surety bond or its functional equivalent” (CDC 1-1231.19[e]).

Notary Seal

Required (CDC 1-1231.14[b][1]).

Notary Journal

Required (CDC 1-1231.18[a]).

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ADMINISTRATION AND RULES

Commissioning Official

The District of Columbia’s Notaries are appointed by the Mayor through the Office of Notary Commissions and Authentications (CDC 1-1231.19[a]);17 DCMR 2400.1).

Contact Information

1. Address: Office of Secretary of District of Columbia
   Office of Notary Commissions and Authentications
   441 4th Street NW
   Washington, DC 20001

2. Phone: 202-727-3117

3. Website: https://os.dc.gov/service/notary-commissions

Laws, Rules and Guidelines

1. Laws: Most Notary statutes are in the District of Columbia Official Code (CDC): Title 1, Chapter 12A, “Revised Uniform Law on Notarial Acts.”

2. Rules: There are additional rules in the District of Columbia Municipal Regulations (DCMR), Title 17 (“Business, Occupations and Professions”), Chapter 24, “Notaries Public.”

3. Guidelines: Other guidelines for Notaries are in the District of Columbia “Notary Public Handbook,” (NPH) (revised August 2023) and “Electronic Notarization Handbook” (ENPH) (released July 2023) issued by the Office of Notary Commissions and Authentications (ONCA) and available online.

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COMMISSION AND APPOINTMENT

Commission Process

1. Qualifications: An applicant for a commission as a District of Columbia Notary Public must (CDC 1-1231.19[c]; 17 DCMR 2400.1; and 2400.2):
   (a) be at least 18 years old,
   (b) be a citizen or permanent legal resident of the U.S.;
   (c) be a resident of or have a primary place of employment or practice in the District;
   (d) not be disqualified to receive a commission under CDC 1-1231.22; and
   (e) meet any other qualifications prescribed by rules issued by the Mayor.

2. Categories of Notary: There are several categories of Notary Public in the District of Columbia and the first step in the application process is for the applicant to decide which type of Notary he or she wants to be:

   1. Residential Notary: “A residential notary public must live in Washington, DC with a physical address in DC. The applicant must submit a residential letter of request describing the need for the commission to be used; this cannot be work related….The letter of request must state why the individual wishes to be a notary for residential purposes only, for example to serve the community; it may not make any reference to notarial acts in a job” (NPH).

   2. Business Notary: “A business notary public is an individual whose primary place of business or employment is within the District; a person applying for only a business commission need not live in Washington, DC. The information on the application must include a physical DC address for the place of business and a DC phone number for the place of business. The applicant’s supervisor must make the request for appointment in writing on official company letterhead that displays a physical District of Columbia address that matches the physical DC address on the application and a DC phone number. If the business does not have letterhead with this information, then the letter of request must include the information and an explanation as to why the letterhead does not include the same physical address as the application or a DC phone number. The letter must include the name of the applicant and the justification for the notary commission. The justifications must indicate how service and convenience to members of the public and/or their business will be improved” (NPH).

   3. Dual Business Notary: “If an individual would like to be commissioned as both a residential and business notary, the application is submitted as Dual-Business. The home and primary place of employment must both be in the District of Columbia. You will then be allowed to perform notarial acts on your own behalf (for the community) and for your employer. A letter from you and from your supervisor at the business must be submitted with the application but only one fee is required” (NPH).

   4. DC Government Notary: “A DC government notary is an individual applying only on behalf of an agency of the District of Columbia. You will only be allowed to perform notarial acts on behalf of the District of Columbia. A letter of request from the supervisor on the agency/department letterhead with the physical DC address that matches the address on the application, and a DC phone number must be included.… No application fee is required and no surety bond will be required. You may not charge for your notarial services” (NPH).

   5. Federal Government Notary: “A federal government notary is an individual applying only on behalf of a federal government agency with a physical address within the District of Columbia and a DC phone number. You will only be allowed to perform notarial acts on behalf of the federal government. A letter of request from the supervisor on the agency/department letterhead with the physical DC address that matches the address on the application, and a DC phone number must be included. An original or valid electronic signature is required along with the typed name and title of the supervisor. The letter must state why notarial services are needed for the applicant. Please note that the supervisor writing the letter of request may not serve as a reference on the application. No application fee is required, but a surety bond will be required. You may not charge for your notarial services” (NPH).

   6. Dual Government/DC Notary: “If an individual would like to be commissioned as a residential and DC government notary, the application is submitted as Dual-Gov/DC. Both the physical residence and DC government addresses must be in DC. You will then be allowed to perform notarial acts on your own behalf (for the community) as well as for the District government. A letter from you and from your Agency/Department Head supervisor must be submitted with the application and you must pay the application fee. Those who apply for a dual commission will be listed with the home contact information. The letters of request must each be on letterhead with a physical DC address that matches the address on the application and the government letter must include a DC phone number. They must each have an original or valid electronic signature and for the government the typed name and title of the supervisor. You must pay the $75 application fee. The surety bond will be required. You may charge a fee for notarial acts done in your residential commission” (NPH).

   7. Dual Government/Federal Notary: “If an individual would like to be commissioned as both a residential and federal government notary, the application is submitted as Dual-Gov/Federal. Both the physical residence and federal government addresses must be in DC. You will then be allowed to perform notarial acts on your own behalf (for the community) as well as for the federal government. A letter from you and from your Agency/Department Head supervisor must be submitted with the application and you must pay the application fee. Those who apply for a dual commission will be listed with the home contact information. The letters of request must each be on letterhead with a physical DC address that matches the address on the application and the government letter must include a DC phone number. They must each have an original or valid electronic signature and for the government the typed name and title of the supervisor. The surety bond will be required. You may charge a fee for notarial acts done in your residential commission” (NPH).
      An applicant may only have a dual commission as a residential/business or a residential/ government Notary. Dual commissions for two businesses is not permitted.

3. Course: “An applicant for a commission as a notary public in the District that does not already hold such a commission from the Mayor shall satisfactorily complete the training provided by the Mayor.… The Mayor shall establish courses of study for notary publics and applicants for endorsement as electronic notaries. Trainings shall cover laws, rules, procedures, and ethics relevant to notarial acts” (CDC 1-1231.21; see also 17 DCMR 2400.2[a]).

4. Exam: Not required.

5. Application: An application must be completed on a web form at the link provided on ONCA’s website and submitted online, printed and mailed, or printed and walked in to the office. PDF versions of the application are no longer accepted. Applicants should use the form of their name as they want it to appear on their commission. Applications submitted in all capital letters will be denied and returned for correction. Only the first letter of each word in each field may be capitalized. Abbreviations should not be used and the entire name of the street must be completely spelled out. Applicants must select a name for the thoroughfare (street, road, avenue, etc.) and quadrant (SE, NE, NW, etc.) from the applicable dropdown lists. The information in the web form cannot be saved, so applicants must complete and submit the application in one sitting. Once the application is completed and submitted online, applicants will be notified by email within 2-3 days to sign the application using Docusign (a platform for signing electronic documents online). Applicants are instructed not to send in a second application, since ONCA will accept only one application per person. If ONCA receives two applications and payments, they will not refund the second payment (website, “ONCA – Notary Application Instructions”).
   “As part of a notary public commission application to ONCA, an applicant shall provide his or her name as the applicant wishes to each time that a notary’s signature is used for a notarial act” (17 DCMR 2400.1[e]).
   The required letters of request must be uploaded as attachments to the online application.
   The names, addresses, phone numbers and email addresses of two character references are required.
   If submitted online, the application will only be submitted if all fields are completed and the letters of request have been properly uploaded. Application data may not be saved, so applicants must have all information and required letter(s) of request necessary to complete the application before beginning to complete the application.
   Applicants will receive up to four separate email notifications: the first that the application has been received, a second requiring a signature on the application using Docusign, a third to pay the fee (unless applicants are seeking to be commissioned on behalf of the D.C. or federal government), and a fourth that the application has been approved.
   The application fee of $75 may be paid online by credit card or by check or money order by mail with the printed application and letters of request or by walk-in payment if hand delivering the application and letters of request. A check or money order must be payable to “DC Treasurer.” Checks or money orders mailed to ONCA must include a note that includes the applicant’s name as it appears on the Notary commission and the address at which the applicant is commissioned. Paying by check or money order will delay the issuance of the commission. An applicant applying to become a Notary in the service of the government of the U.S. or the District is not required to pay the application fee (17 DCMR 2403.2).

6. Background Screening: Not required.

7. Language: An applicant for a commission must “[i]ndicate, on a form provided by ONCA, the language(s) of records in which the applicant intends to perform notarial acts; provided, that the applicant shall be required to read and write in the language of any record on which the applicant performs a notarial act” (CDC 1-1231.19[d][4]; see also 17 DCMR 2400.2[d]).

8. Orientation Session: In order to become a Notary, an applicant must demonstrate a basic knowledge of the rules and regulations governing Notaries, as summarized in the District of Columbia “Notary Public Handbook.”
   “Each new applicant must attend a mandatory orientation session covering the applicable notary laws, rules, regulations and policies in the District. ONCA schedules the orientation after a notary application is approved. Each applicant will be notified of the date and time of the orientation by ONCA. Applicants are automatically notified of two sessions. You must notify ONCA if you wish to be informed of future sessions” (NPH).

9. D.C. Register: After the application has been approved and the orientation session completed, ONCA will publish the names of applicants in the official D.C. Register. “ONCA publishes the names of all applicants in the DC Register. This includes new applicants and those applying to renew their commission. The DC Register is the legal publication for the District of Columbia and allows the public to view the names of all applicants; this is not optional. Only the names and addresses of the applicants’ commissions are published” (NPH).

10. Seal, Bond and Oath: After publication in the D.C. Register, ONCA will notify applicants that they may purchase the required Notary supplies and $2,000 surety bond. District government Notaries are exempt from bonding. Within 60 days of the orientation session, the applicant must make an appointment and come to the Office of Notary Commissions and Authentications to be officially commissioned. Each applicant must bring the original receipt of the bond payment marked “Paid in Full,” a District of Columbia Notary seal embosser, Notary surety bond, journal, stamps containing the wording for the short-form certificates of acknowledgment and verification on oath or affirmation (see “Certificate of Notarial Act,” below) and personal identification, which must be shown to get into the building to claim the commission; the new Notary must then take the oath of office and submit signature and seal samples, which are retained by the Office to authenticate documents notarized by the Notary (17 DCMR 2400.2[b] and [c]). An applicant for a commission may not perform notarial acts before taking the oath of office (17 DCMR 2401.2).
    “Once you have your supplies, surety bond form and receipt, you must then come into the ONCA office with your supplies and surety bond and receipt to complete and take the oath of office. The oath page includes the address of your commission, the signature you will use when notarizing any document and the impression of your sealer. You may not perform any notarial acts until you have taken the oath. If you have your supplies, completed surety bond form and surety bond receipt prior to the date of your commission – whether new or renewal – you may come into the office and take the oath, but you may not perform notarial acts until the date of your commission. For those renewing the commission, there may be a lapse” (NPH).

11. Original Bond Form: “Applicants must use the bond form provided by the ONCA office sent with the Appointment Notice. No other form is allowed. The form may not be altered (except that the bond companies may add the bond number at the top) and must be signed by the surety agent. On the left side there are lines for two witnesses; the one at the bottom is for a witness to the signature of the “Surety and Title.” This must be signed before you come to our office. The top witness is for your signature as the notary applicant. If you haven’t signed this before you come to the office, we will act as your witness. We will keep the original bond form; if you wish to keep a copy, you must make one before you come to the office.
    “The bond form you will receive with the Appointment Notice must be filled out by the surety bond company. It has fillable fields that may be done if you send it to them. They will then print it out and sign it; we must have the original signature from the company and the seal of the bond company must be on the form. The company must mail it back to you as we must have the original signed bond form.
    “The bond form is sent only to the notary applicant. ONCA will only answer questions from the notary applicant. If a surety bond company has any questions, they need to be addressed through you as the applicant. The bond form must be opened on a computer, not a phone or tablet, and must be opened in Microsoft Word, otherwise you may not be able to see the beginning and end dates of your commission” (NPH).

12. Bond Receipt: “Applicants must present [to ONCA when they take their oath of office] the receipt of the bond payment, with your name as it appears on the Appointment Notice, marked Paid in Full with the amount paid and date it was paid. The receipt must include the correct beginning and end date of your commission and the address at which the commission is held. You may provide us with an original or copy of the receipt, but it must contain all the requirements specified in the Appointment Notice, and you must provide a hard copy. The surety bond form must be the original” (NPH).

13. Cancellation of Commission: “A notary commission that is not claimed within 60 days from the beginning date of the commission on the Appointment Notice will be cancelled. Cancellation of the commission requires the applicant to re-complete the entire process i.e. submit a new application. The applicant may be required to take orientation again depending upon when the application is re-submitted” (NPH).

14. Reappointment: “A notary public that is not otherwise authorized to perform notarial acts under the Act, or under state or federal law, shall reapply with ONCA for each commission term before performing notarial acts” (17 DCMR 2400.10).
    “The process for renewing a commission is the same as applying for an original commission, except applicants for renewal do not have to attend an orientation session” (website, “Notary Commissions”).
    “ONCA does not send out reminders to existing notaries regarding the deadline to reapply. A timetable for deadlines to submit applications without having a lapse in the commission may be found on our website: www.os.dc.gov, Notary & Authentications, Notary Commissions; there is a link to the timetable. Every notary public applying for reappointment must have their application approved by the deadline indicated in order to avoid a lapse in the commission. Applicants seeking reappointments are not required to attend orientation unless the commission has been expired for one year or more” (NPH).

15. No Immunity or Benefit: “A commission to act as a notary public authorizes the notary public to perform notarial acts only within the District. The commission does not provide the notary public any immunity or benefit conferred by law of the District on public officials or employees” (CDC 1-1231.19[h]; see also 17 DCMR 2400.9).

Electronic Notary Public Endorsement

1. Definition: "'Electronic notary' means an individual who has received an endorsement from the Mayor to perform a notarial act with respect to electronic records under Subsection 20(i) of the Act (D.C. Official Code § 1-1231.19(i))” (17 DCMR 2499).

2. Requirement: “A notary public shall not perform notarial acts with respect to electronic records unless the notary public has received an endorsement as an electronic notary pursuant to § 1-1231.19(i)” (CDC 1-1231.20[a]).
   “Before a notary public holding an endorsement as an electronic notary performs the notary’s initial notarial act with respect to an electronic record, the notary shall complete a training course provided by the Mayor, shall take the oath prescribed for civil officers in the District of Columbia, identify the tamper-evident technologies the electronic notary intends to use, and file an exemplar of the electronic notary’s electronic signature and official seal. If the Mayor has issued rules establishing standards for approval of technology pursuant to section 32, the technology shall conform to the prescribed standards. If the technology conforms to the standards, the Mayor shall approve the use of the technology” (CDC 1-1231.20[c]).
   “An individual who holds a commission as a notary public may apply to the Mayor for an endorsement as an electronic notary. The applicant shall comply with and provide the information required by rules issued by the Mayor and pay an application fee for such endorsement” (CDC 1-1231.19[i]).

3. Qualifications: “An applicant may apply for an electronic notary endorsement only if the applicant currently holds an active notary public commission” (17 DCMR 2400.4).
   “An individual applying for an electronic notary endorsement must do the following within thirty (30) calendar days of receiving the endorsement, or forfeit the endorsement:
   “(1) Complete a training course provided by ONCA;
   “(2) Take the oath prescribed for civil officers in the District as set forth in D.C. Official Code § 1-501;
   “(3) Notify ONCA of the tamper-evident technology provider that the electronic notary intends to use; and
   “(4) File an exemplar of the electronic notary's electronic signature and official seal” (17 DCMR 2400.5[a]).
   “The individual shall not perform his or her initial electronic notarial act until he or she has complied with [17 DCMR] Section 2400.5(a)” (17 DCMR 2400.5[b]).
   “Except as otherwise provided in Section 10(a)(2) and (3) of the Act (D.C. Official Code § 1-1231.09(a)(2) and (3)), no individual may perform notarial acts with respect to a tangible or electronic record before receiving a notary public commission and, for performing notarial acts, the appropriate endorsement from ONCA unless the notary has authority to do so pursuant to a statute other than the Act or a regulation outside this chapter” (17 DCMR 2401.3).

4. Application: To apply to become an Electronic Notary or to renew an endorsement as an Electronic Notary, an applicant must use the online application on ONCA’s website. An applicant cannot apply to become or renew the endorsement as an Electronic Notary until the applicant has taken the oath of office as a Notary Public. Applicants who apply for the endorsement and you do not currently have a notary commission, the Electronic Notary endorsement application will be denied. Applicants should read the instructions in the “Electronic Notarization Handbook” before completing and submitting an endorsement application form.
   Applicants will not be permitted to submit an endorsement application within 4 months (120) days of the end of their Notary Public commission. “This is done for your protection; to help to prevent you from having to pay the e-notary endorsement application fee twice in a very limited timeframe. Since it may take up to two months (60 days) to complete the e-notary application process and take the oath, this could leave you with only two months (60 days) before you would have to re-apply for the endorsement and pay the application fee again” (ENPH).
   Applicants must submit the name of the technology vendor or software they will be using to perform electronic notarizations. Applicants are not required to have purchased the technology prior to applying for an endorsement, but they must notify ONCA of the vendor or software they will use to ensure the vendor’s technology solution meets the required standards.

5. Endorsement Fee: The fee to submit an application for an Electronic Notary endorsement or renewal endorsement is $30 (17 DCMR 2400.3, 2403.1). “A notary public in the service of the government of the United States or the District of Columbia shall not be required to pay an application fee for … an endorsement as an electronic notary if the applicant's notarial duties are confined to official federal or District government business” (17 DCMR 2403.2).

6. Training: Once an applicant submits an endorsement application and pays the $30 endorsement fee, ONCA will notify the applicant if they are required to take the required training course from a vendor of their choice. First-time applicants must take a course. The applicant must present a proof of completion certificate that includes their name, the name of the course vendor, the date(s) the applicant took the course, and a statement that the applicant completed the course. The applicant must then go into ONCA’s online application system to upload a copy of the course completion certificate (ENPH).

7. Endorsement Notice: Once all requirements for obtaining the endorsement are satisfied, an applicant will receive an endorsement notice allowing them to purchase supplies (ENPH).

8. Approval and Oath: Once an applicant provides the course proof of completion to ONCA, the applicant will be notified that their application has been approved with the notification to take the oath of office by phone. It takes approximately 2 weeks for an applicant to receive the oath page from ONCA. It may take ONCA 1 week to schedule the oath phone call. An applicant must take the oath within 10 business days of first being contacted by ONCA staff, otherwise the endorsement application will be cancelled.
   Applicants must affix their electronic seal, electronic signature, and electronic jurat on the oath of office page using Microsoft Word on a computer. Applicants may not use a phone or tablet. The electronic seal, electronic signature and jurat must be in JPEG or PNG format. Once applicants have taken the oath, they will use the link in the email received from ONCA to schedule the oath to upload the oath. Once the oath page has been approved, applicants will receive their electronic notarization endorsement by email (ENPH).

9. Timeframe: The endorsement process from beginning to end will take between 45-60 days, which is similar to the timeline to receive a Notary Public commission (ENPH).

10. Validity of Endorsement: “An electronic notary endorsement is valid from the date ONCA issues the endorsement and will remain valid so long as the notary public's current notary commission remains valid, unless ONCA terminates the endorsement pursuant to Section 23 of the Act (D.C. Official Code § 1-1231.22), or the electronic notary resigns the endorsement” (17 DCMR 2402.3).

11. Notary Public Map: Notaries who have an electronic notarization endorsement will be listed on the Search for a Notary Public map if they are listes as a Notary Public on the Map (ENPH).

Notification to Perform Remote Notarial Acts

Requirement: “Before a notary public performs the notary public’s initial notarial act under this section, the notary public must notify the Mayor that the notary public will be performing notarial acts with respect to remotely located individuals and identify the technologies the notary public intends to use” (CDC 1-1231-13a[k]; 17 DMCR 2416.1).

Online Search

On the Secretary’s website, an interactive mapping system provides seekers of notarial services with individualized directions to the offices or residences of District Notaries who are available to serve the public.

Jurisdiction

“A notarial act may be performed in the District by … [a] notary public of the District” (CDC 1-1231.9[a][1]).

“A notary public who performs a notarial act pursuant to a commission … shall do so within the geographic borders of the District of Columbia” (2408.1).

Term Length

“Upon an applicant’s compliance with this section, the Mayor shall issue a commission as a notary public to an applicant for a term of 5 years subject to removal pursuant to § 1-1231.22” (CDC 1-1231.19[g]; see also 17 DCMR 2400.8).

“The commission of each notary shall either:
“(a) Begin on the first (1st) day of a month, and end on the last day of the prior month, except that a commission starting at the beginning of January will start on a January 2nd and end on a January 1st; or
“(b) Begin on the fifteenth (15th) day of a month and end on the fourteenth (14th) day of that month” (17 DCMR 2402.2).

Bond

“Except as provided in subsection (f) of this section, before issuance of a commission as a notary public, the applicant shall submit to the Mayor an assurance in the form of a surety bond or its functional equivalent in the amount of $2,000, or other amount prescribed by rules issued by the Mayor. The assurance shall be issued by a surety or other entity licensed or authorized to do business in the District. The assurance shall cover acts performed during the term of the notary public’s commission and shall be in the form prescribed by the Mayor. If a notary public violates law with respect to notaries public in the District, the surety or issuing entity is liable under the assurance. The surety or issuing entity shall give 30-days’ notice to the Mayor before canceling the assurance. The surety or issuing entity shall notify the Mayor not later than 30 days after making a payment to a claimant under the assurance. A notary public may perform notarial acts in the District only during the period that a valid assurance is on file with the Mayor” (CDC 1-1231.19[e]).

“A notary public commissioned on behalf of the government of the District of Columbia is exempt from the requirement of a surety bond under subsection (e) of this section” (CDC 1-1231.19[f]).

For the procedures to follow in obtaining a bond from a surety company and presenting the bond to ONCA, see “Original Bond Form,” above.

Changes of Status

1. Application Information Change: “If any of the information submitted on a notary public's commission application pursuant to Section 2400 changes, the notary public shall report this change to ONCA in writing, or by email to notary@dc.gov, within fifteen (15) business days” (17 DCMR 2430.1).

2. Address Change: Notaries must notify ONCA in writing of a new address within the District within 15 business days (17 DCMR 2427.1).

3. Name Change: Notaries must notify ONCA in writing within 30 days when they change their name (17 DCMR 2422.2). The bonding company must also be notified and a bond rider in the new name must be obtained and submitted to ONCA. There is no fee to report a name change and ONCA will not issue a new commission certificate (17 DCMR 2427.2).
   “A notary public that submits a name change notification shall order a new seal with the new name and provide ONCA with an impression of the seal.  In the case of an electronic notary, the person shall provide an exemplar of the electronic seal” (17 DCMR 2427.3).
   In addition, a Notary must:
   (a) submit a completed form available on ONCA’s website, the document that provides proof that the Notary has notified their bonding company, and a note to be included on the Search for a Notary Public map if the Notary wants to be on it in the future.
   (b) obtain a new Notary seal/sealer and notarial stamp/certificate; and
   (c) come to ONCA to complete an oath page with embossed seal impressions that reflect the name change (NPH).
   “If the change of name occurs at the time of renewal the individual should complete a new application with the change in name. When filling out the application, the request letter should state the previous name. The legal document showing the change of name must be provided” (NPH).

4. Employer Change: “If you are changing employers the notary commission may be transferred to a new employer whose offices are physically located in the District of Columbia if the current employer agrees to allow the commission to be transferred” (NPH). The Notary must notify ONCA by completing the form on ONCA’s website. In submitting the form, the new employer is required to include a letter explaining the need for the service of the notary public. The letter must be on letterhead with a DC address that matches the DC address on the form and must include a DC phone number (NPH).
   If the current employer does not allow the commission to be transferred to the new employer, the Notary must resign the commission and send ONCA the Notary’s seal and journal. The individual must then reapply for a new commission if the individual wishes to be a Notary (NPH).

5. Resignation: “Notaries who no longer reside in the District or who cease to be employed in a business physically located in the District or who leave a DC or federal government job must resign their commission by notifying ONCA in writing. Notaries who terminate or resign their commission for any reason within the five-year period must notify the ONCA office and turn in their journal (records) and seal” (NPH).

6. Electronic Notaries Public

   1. Status Changes: As is true for a Notary Public commisison, Notaries who have an electronic notarization endorsement must notify ONCA of changes in status (name, address, etc.) (ENPH).

   2. Terminating Endorsement: “A notary public may terminate the electronic notary endorsement but still maintain the notary public commission” (17 DCMR 2423.3).

      “If your commission as a notary public is terminated for any reason, your endorsement as an e-notary is also terminated and you must follow the procedures below.

      “If your e-notary endorsement is terminated for any reason, you must provide us with proof you have destroyed your electronic seal. You must send us an email to notaryorientation-oath@dc.gov stating you have destroyed the electronic seal.

      “If your e-notary endorsement is terminated for any reason, you must provide us with the access instructions to your electronic journal so ONCA can access the records, or you must provide us with printed copies of the records” (ENPH).

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NOTARIAL ACTS

Authorized Acts

1. Notarial Acts: District Notaries are authorized to perform the following notarial acts (CDC 1-1231.1[7]; 1231-03[d]):

   1. Take acknowledgments and proofs;

   2. Administer oaths and affirmations;

   3. Take verifications on oath or affirmation (also referred to as “jurats' in the NPH);

   4. Witness or attest signatures;

   5. Certify as a true copy a tangible copy of an electronic record

   6. Note protests.

2. In-Person Electronic and Remote Notarial Acts: District Notaries who have been issued an endorsement to perform technology-based notarizations may perform in-person electronic notarial acts (17 DCMR 2409.1) and remote notarial acts (17 DCMR 2416.2).

Acknowledgments

1. Definition: “‘Acknowledgment’ means a declaration by an individual that states the individual has signed a record for the purposes stated in the record, and if the record is executed in a representative capacity, that the person signed the record with proper authority and signed it as the act of the individual or entity identified in the record” (CDC 1-1231.1[1]; see also 17 DCMR 2499).

2. Requirements: “ A notarial officer who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the acknowledgment has the identity claimed and that the signature on the record is the signature of the individual.” (CDC 1-1231.4[a]).

Oaths and Affirmations

1. Affirmations: “Wherever an oath is required, an affirmation in judicial form, if made by a person conscientiously scrupulous about taking an oath, shall be deemed a sufficient compliance” (CDC 45-606).

2. Requirements: The “Notary Public Handbook” provides examples of an oath an affirmation:
   “Do you solemnly swear under penalty of perjury that the statements you are about to give will be the whole truth and nothing but the truth so help you God?”
   “Do you solemnly swear under penalty of perjury that the statements you are about to give will be the whole truth and nothing but the truth?”

Verifications

1. Definition: “‘Verification on oath or affirmation’ means a declaration, made by an individual on oath or affirmation before a notarial officer, that a statement in a record is true” (CDC 1-2131.1[18]; see also 17 DCMR 2499).

2. Requirements: “ A notarial officer who takes a verification of a statement on oath or affirmation shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the verification has the identity claimed and that the signature on the statement verified is the signature of the individual.” (CDC 1-1231.4[b]). The same standards apply to a Notary who performs notarial acts on electronic records (17 DCMR 2408.7)

Signature Witnessings or Attestations

Requirements: “A notarial officer who witnesses or attests to a signature shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and signing the record has the identity claimed.” (CDC 1-1231.4[c]). The same standards apply to a Notary who performs notarial acts on electronic records (17 DCMR 2408.2).

Copy Certifications

1. Requirements: “A notarial officer who certifies or attests a copy of a record or an item that was copied shall determine that the copy is a full, true, and accurate transcription or reproduction of the record or item” (CDC 1-1231.04[d]; see also 17 DCMR 2408.8).

2. Tangible Copy of Electronic Record: CDC 1231-03(d) authorizes Notaries to certify that a tangible copy of an electronic record is an accurate copy of the electronic record.

Protests

1. Definition: “A protest is a certificate of dishonor made by a United States consul or vice consul, or a notary public or other person authorized to administer oaths by the law of the place where dishonor occurs” (CDC 28:3-505[b]).

2. Requirements: “A notarial officer who makes or notes a protest of a negotiable instrument shall determine the matters set forth in § 28:3-505(b)” (CDC 1.1231.4[e]).
   “[A protest] may be made upon information satisfactory to that person. The protest must identify the instrument and certify either that presentment has been made or, if not made, the reason why it was not made, and that the instrument has been dishonored by nonacceptance or nonpayment. The protest may also certify that notice of dishonor has been given to some or all parties” (CDC 28:3-505[b]).

3. Electronic and Remote Notaries Public: The District of Columbia Municipal Regulations contains a provision limiting protests that are performed by an Electronic and Remote Notary Public: “A notary public who has received an electronic notary endorsement from ONCA may perform the following electronic notarial acts: …
   “(e) Noting a protest of a negotiable instrument if the notary public is:
   “(1) Licensed to practice law in the District of Columbia;
   “(2) Acting under the authority of an attorney who is licensed to practice law in the District of Columbia or another state; or
   “(3) Acting under the authority of a financial institution regulated by the District of Columbia, another state, or the federal government” (17 DCMR 2409.1; see also 17 DCMR 2416.2[e]).

In-Person Electronic Notarial Act

“Electronic notarial act” means a notarial act performed with respect to an electronic record that complies with Section 21 of the Act (D.C. Official Code § 1-1231.20)” (17 DCMR 2499.1).

Remote Notarial Act

“Remote notarial act” means a notarial act for a remotely located individual that complies with Section 14a of the Act (D.C. Official Code § 1-1231.13(a)” (17 DCMR 2499.1).

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STANDARDS OF PRACTICE

Personal Appearance

1. Notarial Acts: “If a notarial act relates to a statement made in or a signature executed on a record, the individual making the statement or executing the signature shall appear personally before the notarial officer, including an appearance that conforms with § 1-1213(a)” (CDC 1-1231.5).

2. Remote Notarial Acts: “A remotely located individual may comply with § 1-1231.05 by using communication technology to appear before a notary public” (CDC 1-1231.13a[a]).

Identification

1. Notarial Acts

   1. Requirement: In taking an acknowledgment or a verification upon oath or affirmation, or in witnessing or attesting a signature, the Notary must identify the document signer through personal knowledge or satisfactory evidence of identity.

   2. Personal Knowledge: “A notarial officer has personal knowledge of the identity of an individual appearing before the officer if the individual is personally known to the officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed” (CDC 1-1231.6[a]).

   3. Satisfactory Evidence of Identity: “A notarial officer has satisfactory evidence of the identity of an individual appearing before the officer if the officer can identify the individual by means of:
      “(1) Current government-issued identification that is:
      “(A) A passport, driver’s license, or government-issued nondriver identification card; or
      “(B) Another form of government identification issued to an individual, which contains the signature or a photograph of the individual and is satisfactory to the officer; or
      “(2) A verification on oath or affirmation of a credible witness personally appearing before the officer and known to the officer or whom the officer can identify based on a current passport, driver’s license, or government-issued nondriver identification card” (CDC 1-1231.6[b]; see also 17 DCMR 2408.4).

   4. Additional Information or Credentials: “A notarial officer may require an individual to provide additional information or identification credentials necessary to assure the officer of the identity of the individual” (CDC 1-1231.6[c]).

2. Remote Notarial Acts

   1. Definition: “'Identity proofing' means a process or service by which a third person provides a notary public with a means to verify the identity of a remotely located individual by a review of personal information from public or private data sources” (CDC 1-1231-13a[p][2]). The two forms of identity proofing consist of credential analysis and a dynamic knowledge-based authentication assessment (17 DCMR 2417.1). Both must be completed during the same communication technology session (17 DCMR 2418.3).

   2. Requirement: “A notary public located in the District may use communication technology to perform a notarial act for a remotely located individual if:
      “(1) The notary public:
      “(A) Has personal knowledge pursuant to § 1-1231.06(a) of the identity of the remotely located individual;
      “(B) Has satisfactory evidence of the identity of the remotely located individual by oath or affirmation from a credible witness appearing before the notary public under § 1-1231.06(b) or this section; or
      “(C) Has obtained satisfactory evidence of the identity of the remotely located individual by using at least 2 different types of identity proofing” (CDC 1231.13a[b][1]).

   3. Credential Analysis: “Credential analysis must use public or private data sources to confirm the validity of the identification credential presented by a remotely located individual and shall, at a minimum:
      “(a) Use automated software processes to aid the notary public in verifying the identity of each remotely located individual;
      “(b) Require the identification credential to pass an authenticity test, consistent with sound commercial practices, that uses appropriate technologies to confirm the integrity of visual, physical, or cryptographic security features and to confirm that the identification credential is not fraudulent or inappropriately modified;
      “(c) Use information held or published by the issuing source or an authoritative source, as available and consistent with sound commercial practices, to confirm the validity of personal details and identification credential details; and
      “(d) Enable the notary public to visually compare for consistency the information and photograph on the identification credential and the remotely located individual as viewed by the notary public in real time through communication technology” (17 DCMR 2417.2)

   4. Dynamic Knowledge-Based Authentication: “A dynamic knowledge-based authentication assessment is successful if it meets the following requirements:
      “(a) The remotely located individual must answer a quiz consisting of a minimum of five (5) questions related to the individual's personal history or identity formulated from public or private data sources;
      “(b) Each question must have a minimum of five (5) possible answer choices;
      “(c) At least eighty percent (80%) of the questions must be answered correctly;
      “(d) All questions must be answered within five (5) minutes;
      “(e) If the remotely located individual fails the first attempt, the individual may retake the quiz one (1) time within twenty-four (24) hours;
      “(f) During a retake of the quiz, a minimum of forty percent (40%) of the prior questions must be replaced;
      “(g) If the remotely located individual fails the second attempt, the individual is not allowed to retry with the same remote notary within twenty-four (24) hours of the second failed attempt; and
      “(h) The notary public must not be able to see or record the questions or answers” (17 DCMR 1417.3)

Refusal of Services

1. Specific Grounds: “A notarial officer may refuse to perform a notarial act if the officer is not satisfied that:
   “(1) The individual executing the record is competent or has the capacity to execute the record; or
   “(2) The individual’s signature is knowingly and voluntarily made” (CDC 1-1231.7[a]; see also 17 DCMR 2421.1). Note: the District of Columbia Municipal Regulations provision cited expressly applies this provision to Notaries other than Notaries acting pursuant to a commission from the federal government.

2. General Grounds: “A notarial officer may refuse to perform a notarial act unless refusal is prohibited by a law other than this chapter” (CDC 1-1231.7[b]; see also DCMR 2421.1).
   “A notary may refuse to notarize a document or perform any notarial act for a legitimate reason. If you do not believe the identification is valid, the individual is competent to participate in the notarial act, or if you do not believe that the person there voluntarily, or have other legitimate reasons, you are prohibited by law to perform any notarial act. For example many businesses only perform notarial acts within the business and many banks only notarize documents for their customers. Clearly you may not refuse simply because you do not like the individual, but you may decline to notarize for a valid reason and explain the reason to the individual” (NPH).

Incomplete Documents

“A notarial officer shall not perform a notarial act if … [t]he record is incomplete or blank” (CDC 1-1231.3[b][1]).

Disqualifying Interest

1. Personal or Spouse: “A notarial officer shall not perform a notarial act if: …
   “(2) The notarial officer or the officer’s spouse is a party to the record; or
   “(3) The notarial officer or the officer’s spouse has a direct beneficial interest in the record” (CDC 1-1231.3[b]). A notarial act that violates these provisions is voidable (CDC 1-1231.3[c]).

2. Relatives: “We recommend you not notarize documents for any family member especially if they are a party to the document as this could be seen as a conflict of interest” (NPH).

3. Corporate Notaries: A Notary who is a stockholder, director, officer or employee of a bank, trust company or other corporation may notarize for that corporation unless the Notary is a party to the instrument, either individually or as a representative of the corporation. However, “it shall be unlawful for any notary public to take the oath of an officer or director of any bank or trust company of which he is an officer, or to take an oath of any person verifying a report of such bank or trust company to the Comptroller of the Currency or the Superintendent of Banking and Financial Institutions....” (CDC 26-110).

Signature by Proxy

“If an individual is physically unable to sign a record, the individual may direct an individual other than the notarial officer to sign the individual’s name on the record. The notarial officer shall insert “Signature affixed by [name of other individual] at the direction of [name of individual]” or words of similar import” (CDC 1-1231.08; see also 17 DCMR 2408.5)

Unauthorized Practice of Law

No Authority: “A commission as a notary public shall not authorize an individual to:
“(1) Assist persons in drafting legal records, give legal advice, or otherwise practice law;
“(2) Act as an immigration consultant or an expert on immigration matters;
“(3) Represent a person in a judicial or administrative proceeding relating to immigration to the United States, United States citizenship, or related matters; or
“(4) Receive compensation for performing any of the activities listed in this subsection” (CDC 1-1231.25[a]; see also 17 DCMR 2429.1).

Reading or Understanding Documents

“District of Columbia notaries public do not read the documents presented for notarization, nor are they required to understand or possess knowledge of the document’s contents” (NPH).

Witnessing the Signature

“You must watch the person sign the document; the largest concern regarding fraud or misuse of a notarization is that the signature on a document is not the valid signature of the person described in the document. § 1–1231.06” (NPH).

False or Deceptive Advertising

1. General Prohibition: “A notary public shall not engage in false or deceptive advertising” (CDC 1-1231.25[b]; see also 17 DCMR 2429.2).

2. ‘Notario Publico’: “A notary public, other than an attorney licensed to practice law in the District, shall not use the term ‘notario’ or ‘notario publico’” (CDC 1-1231.25[c]; see also 17 DCMR 2429.3).

3. Prohibited Representation: “A notary public, other than an attorney licensed to practice law in this state, shall not advertise or represent that the notary public may assist persons in drafting legal records, give legal advice, or otherwise practice law” (CDC 1-1231.25[d]; see also 17 DCMR 2429.4[a]).

4. Mandatory Notice: “If a notary public who is not an attorney licensed to practice law in the District in any manner advertises or represents that the notary offers notarial services, whether orally or in a record, including broadcast media, print media, and the Internet, then the notary shall include the following statement, or an alternate statement pursuant to rules issued by the Mayor, in the advertisement or representation, prominently and in each language used in the advertisement or representation: “I am not an attorney licensed to practice law in the District. I am not allowed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities.” If the form of advertisement or representation is not broadcast media, print media, or the Internet and does not permit inclusion of the statement required by this subsection because of size, it shall be displayed prominently or provided at the place of performance of the notarial act before the notarial act is performed” (CDC 1-1231.25[d]; ; see also 17 DCMR 2429.4[b]).

In-Person Electronic Notarial Acts

1. Applicable Law

   1. Uniform Electronic Transactions Act: The District of Columbia has adopted the Uniform Electronic Transactions Act (CDC 28-4001 through 28-4918), including the following provision on notarization, thereby recognizing the legal validity of electronic signatures used by Notaries: “If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record” (CDC 29-4910).

   2. Uniform Real Property Electronic Recording Act: In 2005, the District of Columbia enacted the Uniform Real Property Electronic Recording Act (CDC 42-1231 through 1235), including the following provision related to electronic notarization: “A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression, or seal is not required to accompany an electronic signature” (CDC 42-1232[c]).

   3. Revised Uniform Law on Notarial Acts: Effective December 13, 2018, the District adopted the Revised Uniform Law on Notarial Acts, thereby putting in place provisions enabling the performance of notarial acts with respect to electronic records. These provisions are summarized below.

2. Technology Systems

   1. Approval of System Providers: Not required.

   2. List of System Providers: Not provided.

3. All Laws Apply: “Electronic notarial acts shall conform to the requirements listed in these rules and Section 21 of the Act (D.C. Official Code § 1-1231.20)” (17 DCMR 2408.9).

4. Jurisdiction: “A notary public who performs a notarial act pursuant to … an electronic notary endorsement from ONCA shall do so within the geographic borders of the District of Columbia” (17 DCMR 2408.1).

5. Tamper-Evident Technology

   1. Definition: “‘Tamper-evident technologies’ means technology that is designed to allow a person inspecting an electronic record to determine whether there has been any tampering with the integrity of a certificate of notarial act logically associated with a record or with the attachment or association of the notarial act with that electronic record” (CDC 1-1231.1[17]).

   2. Standards: “An electronic notary may select one or more tamper-evident technologies to perform notarial acts with respect to electronic records. An electronic notary shall not be required to perform a notarial act with respect to an electronic record with a technology that the electronic notary has not selected” (CDC 1-1231.20[b]).
      “A tamper-evident technology shall comply with these rules:
      “(a) A technology provider shall enroll only notaries public who have been issued an electronic notary endorsement pursuant to Section 2400.
      “(b) A technology provider shall take reasonable steps to ensure that a notary public who has selected that provider's technology has the knowledge to use it to perform electronic notarial acts in compliance with these rules.
      “(c) A tamper-evident technology shall require access to the system by a password, or other secure means of authentication.
      “(d) A tamper-evident technology shall enable a notary public to affix the notary's electronic signature and electronic seal in a manner that attributes such signature and seal to the notary, and in such a manner that a party that sought the notary's signature and seal on one (1) or more documents, or who seeks access to one (1) or more documents containing that signature and seal, can detect unauthorized tampering or alteration of the electronic document after it has been digitally signed by the electronic notary” (17 DCMR 2410.1).

6. Refusal to Use System: “An electronic notary may refuse to perform a notarial act for the reasons listed in Section 8 of the Act (D.C. Official Code 1-1231.07) and Section 24121 of this chapter, and shall also refuse a request to:
   “(a) Use a tamper-evident technology that the electronic notary does not know how to operate; or
   “(b) Perform an electronic notarial act if the electronic notary has a reasonable belief that a tamper-evident technology does not meet the requirements set forth in these rules” (17 DCMR 2411.1).

7. Technology Neutrality: “Rules issued regarding the performance of notarial acts with respect to electronic records shall not require, or accord greater legal status or effect to, the implementation or application of a specific technology or technical specification” (CDC 1-1231.31[b]).

8. Journal: For the requirement that Electronic Notaries must keep a journal of notarial acts and duties related to keeping, maintaining, and reporting a lost or stolen journal, see “Records of Notarial Acts,” below.

Remote Notarial Acts

1. Applicable Law

   1. Revised Uniform Law on Notarial Acts: Effective September 21, 2022 and subject to a future applicability date, the District adopted the Revised Uniform Law on Notarial Acts, provisions related to notarial acts for remotely located individuals. . These provisions are summarized below.

   2. District of Columbia Municipal Regulations: Effective November 3 and subject to a future applicability date, the Secretary of the District of Columbia adopted permanent rules on remote notarization. These provisions are summarized below.

2. Technology Systems

   1. Approval of System Providers: Not required.

   2. List of System Providers: Not currently provided.

3. Communication Technology

   1. Definition: “'Communication technology' means an electronic device or process that:
      “(A) Allows a notary public and a remotely located individual to communicate with each other simultaneously by sight and sound; and
      “(B) When necessary and consistent with other applicable laws, facilitates communication with a remotely located individual who has a vision, hearing, or speech impairment” (CDC 1-1231-13a[p][1]).

   2. Clarity of Communication: “Communication technology for remote notarial acts must provide for synchronous (i.e., existing or occurring at the same time) audio-visual feeds of sufficient audio clarity and video resolution to enable the notary public and remotely located individual to see and speak with each other” (17 DCMR 2418.1).

   3. Confirmation of Record: The process must provide a means for the notary public reasonably to confirm that an electronic record before the notary public is the same record in which the remotely located individual made a statement or on which the remotely located individual executed a signature” (17 DCMR 2418.1).

   4. Security of Communication: “Communication technology must provide reasonable security measures to prevent unauthorized access to:
      “(a) The live transmission of the audio-visual feeds;
      “(b) The processes used to perform identify proofing; and
      “(c) If applicable, the electronic record that is the subject of the remote notarial act” (17 DCMR 2418.2).

4. Confirmation of Record: “A notary public or notarial officer located in this State may perform a notarial act using communication technology for a remotely located individual if … [t]he notary public is able reasonably to confirm that a record before the notary public is the same record in which the remotely located individual made a statement or on which the individual executed a signature” (CDC 1-1231-13a[b][2]).

5. Remotely Located Individual Outside the U.S.: “A notary public or notarial officer located in this State may perform a notarial act using communication technology for a remotely located individual if … for a remotely located individual located outside the United States:
   “(A) the record:
   “(i) Is to be filed with or relates to a matter before a public official or court, governmental entity, or other entity subject to the jurisdiction of the United States; or
   “(ii) Involves property located in the territorial jurisdiction of the United States or involves a transaction substantially connected with the United States; and
   “(B) Ahe act of making the statement or signing the record is not prohibited by the foreign state in which the remotely located individual is located” (CDC 1-1231-13a[b][4]).

6. Recording of Remote Notarial Act: For the requirement that a Notary Public or a person acting on behalf of a Notary must create an audio-visual recording of the remote notarial act, see “Records of Notarial Acts,” below.

7. Remote Oaths: “Except as otherwise provided by another law of the District, a notary public located in the District may use communication technology under subsection (b) of this section to administer an oath to a remotely located individual if the notary public:
   “(1) Identifies the individual under subsection (b)(1) of this section;
   “(2) Creates or causes the creation under subsection (b)(3) of this section of an audio-visual recording of the individual taking the oath; and
   “(3) Retains or causes the retention under subsection (j) of this section of the recording” (CDC 1-1231-13a[g]).

Paper Remote Notarial Acts

1. Acknowledgments Only: “A notary public located in the District may use communication technology under subsection (b) of this section to take an acknowledgment of a signature on a tangible record physically present before the notary public if the record is displayed to, and identified by, the remotely located individual during the audio-visual recording under subsection (b)(3) of this section” (CDC 1-1231-13a[c]).

2. Confirmation of Paper Record: “The requirement under subsection (b)(2) of this section for the performance of a notarial act with respect to a tangible record not physically present before the notary public is satisfied if:
   “(1) the remotely located individual:
   “(A) During the audiovisual recording under subsection (c)(3) of this section, signs:
   “(i) The record; and
   “(ii) A declaration, in substantially the following form, that is part of or securely attached to the record: “I declare under penalty of perjury that the record of which this declaration is part or to which it is attached is the same record on which (name of notary public), a notary public, performed a notarial act and before whom I appeared by means of communication technology on _______________ (date).
   “Signature of remotely located individual ______________________
   Printed name of remotely located individual____________________”; and
   “(B) Sends the record and declaration to the notary public, by first-class United States Mail or delivery by common-carrier or commercial delivery service, not later than 3 days after the notarial act was performed” (CDC 1231-13a[d][1]).

3. Audio-Visual Recording: A notarial officer who performs a notarial act using communication technology on a paper record must make an audio-visual recording of the notarial act. In the audio-visual recording, the notarial officer must record the individual signing the record and declaration (CDC 1-1231-13a[d][2][A]); see “Records of Notarial Acts,” below).

4. Certificate of Notarial Act: “After receipt of the record and declaration from the individual, executes a certificate of notarial act under § 1-1231.14 that includes a statement in substantially the following form: ‘I (name of notary public) witnessed, by means of communication technology, (name of remotely located individual) sign the attached record and declaration on (date).’” (CDC 1-1231-13a[d][2][B]).

5. Alternative Procedures Authorized: “Subsection (d) of this section does not preclude use of another procedure to satisfy subsect (b)(2) of this section for a notarial act performed with respect to a tangible record” (CDC 1-1231-13a[f]).

6. Effective Date of Paper Remote Notarial Act: “A notarial act performed in compliance with subsection (d) of this section complies with § 1-1231.14(a)(1) and is effective on the date the remotely located individual signed the declaration under subsection (d)(1)(A)(ii) of this section” (CDC 1-1231-13a[e]).

Withholding Documents

“Except as otherwise allowed by law, a notary public shall not withhold access to or possession of an original record provided by a person that seeks performance of a notarial act by the notary public” (CDC 1-1231.25[e]).

“Except as otherwise authorized by law, a notary public shall, upon the request of a person who has provided the notary public with original records, return those records to the person” (17 DCMR 2429.5).

I-9 Forms

“I-9 forms … do not need to be notarized and should not be notarized but the instructions include: ‘...may designate someone to fill out Forms I-9 for you, such as a personnel officer, foreman, agent, or anyone else acting on your behalf, such as a notary public....’ As a notary public you may not assist” (NPH).

Permissible Documents

The “Notary Public Handbook” contains a list of example documents that are eligible for notarial acts. This list is not inclusive.

• Original or copies of diplomas or GEDs from any primary or higher education institution except from the District of Columbia Public Schools or the University of the District of Columbia.

• Copies or original of diplomas from District of Columbia Public Charter Schools. This includes any transcripts or documents issued by a school, university, college or other educational institution regardless of where it is located.

• Copies of any passports.

• Copies of any driver’s licenses, including those issued from the District of Columbia.

• Copies of many federal documents such as FBI background checks and fingerprints. In general, any federal document that does not say on its face it cannot be notarized, may be copied and notarized. EXCEPT, you may not notarize naturalization or immigration documents, whether originals or copies.

• A Power of Attorney.

• Annual renewals of non-profit [501(c)(3)] forms.

• Documents in any language, but Notaries must be able to read and write in that language. At the time of taking the oath of office, Notaries who will be notarizing documents in a foreign language will be required to sign to indicate they can read and write in languages other than English. “Existing Notaries may continue to notarize documents in any language regardless of whether they can read or write in that language, but when they renew their commission they will be required to read and write in any language they will be performing notarial services” (NPH).

• Mortgage documents, lending agreements and other items regarding real estate.

• Any other documents that have a requirement for notarization (except as noted below) or you believe meet the basic requirements for notarization.

Impermissible Documents

The “Notary Public Handbook” also contains a list of documents Notaries may not notarize.

• Birth, death, and marriage certificates.

• Divorce decrees.

• Documents issued by Departments or Agencies of the District of Columbia – whether original or copies – that have the signature of the Agency or Department Director.

• Diplomas from the DC Public Schools or UDC.

• Some federal documents, (ex: original passports, Naturalization, Immigration, any original forms, I-9 forms--see “I-9 Forms,” above).

• Determinations of the original set-up for non-profit [501(c)(3)] forms, but Notaries may notarize the annual renewals.

Back Side of Document

“A notary may notarize on the back of the document if there is not room on the front, but you should refrain from adding a blank page” (NPH).

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CERTIFICATE OF NOTARIAL ACT

Certificate Requirements

1. General Requirement: “(a) Notarial acts performed shall be evidenced by a certificate” (CDC 1-1231.14[a]).

2. Specific Requirements: “The certificate shall:
   “(1) Be executed contemporaneously with the performance of the notarial act;
   “(2) Be dated;
   “(3) Identify the jurisdiction in which the notarial act is performed;
   “(4) Contain the notarial officer’s title of office; and
   “(5) If the notarial officer is a notary public:
   “(A) Be signed by the notary public in the same manner as on file with the Mayor; and
   “(B) Indicate the date of expiration, if any, of the notary’s commission” (CDC 1-1231.14[a]).

3. Tangible Records: “If a notarial act regarding a tangible record is performed by a notary public, an official seal shall be affixed to or embossed on the certificate. If a notarial act is performed regarding a tangible record by a notarial officer other than a notary public and the certificate contains the information specified in subsection (a)(2), (3), and (4) of this [CDC 1-1231-14], an official seal may be affixed to or embossed on the certificate” (CDC 1-1231.14[b][1]).

4. Electronic Records: “If a notarial act regarding an electronic record is performed by an electronic notary and the certificate contains the information specified in subsection (a)(2), (3), and (4) of [CDC 1-1231-14], an official seal shall be attached to or logically associated with the certificate” (CDC 1-1231-14[b][2]).

Certificate Forms

The District of Columbia has adopted the Revised Uniform Law on Notarial Acts and the Act’s short-form certificates. The District of Columbia Municipal Regulations contain certificate forms for remote notarial acts. These certificate forms appear below.
“The forms in Section 16 of the Act (D.C. Official Code § 1-1231.15) are examples of certificates with the sufficient information included. In contexts where another District law requires a specific form, that form shall be used” (17 DCMR 2421.1).

Sufficiency of Certificate

1. Notarial Acts: “A certificate of a notarial act is sufficient if it meets the requirements of subsections (a) and (b) of this section and it:
   “(1) Is in a short form as set forth in § 1-1231.15;
   “(2) Is in a form otherwise permitted by the law of the District;
   “(3) Is in a form permitted by the law applicable in the jurisdiction in which the notarial act was performed; or
   “(4) Sets forth the actions of the notarial officer and the actions are sufficient to meet the requirements of the notarial act as provided in §§ 1-1231.04, 1-1231.05, and 1-1231.06 or law of the District other than this act” (CDC 1-1231.14[c]; see also 17 DCMR 2407.4).

2. Remote Notarial Acts: “A short-form certificate under § 1-1231.15 for a notarial act subject to this section is sufficient if it:
   “(1) Complies with rules issued under subsection (l)(1) of this section; or
   “(2) Is in the form under § 1-1231.15 and contains a statement in substantially the following form:
   'This notarial act involved the use of communication technology.’” (CDC 1-1231-13a[i]).

Electronic Notarial Certificate

1. Requirement: “For every electronic notarial act, an electronic notary shall complete an electronic notarial certificate that complies with the requirements of Sections 15 and 16 of the Act (D.C. Official Code §§ 1231.14 and 1-1231.15)” (17 DCMR 2412.1).

2. Contemporaneous Completion: “An electronic notarial certificate shall be completed at the time of notarization and in the physical presence of the individual making the statement or executing the signature” (17 DCMR 2412.2).

3. Official Seal and Signature Required: “An electronic notary or remote notary shall sign notarial certification on an electronic record with an electronic signature that complies with Section 2414 and authenticate an electronic notarial act with an official electronic seal that complies with Section 2415” (17 DCMR 2413.1).

Remote Notarial Certificate

“If a notarial act is performed under this section, the certificate of notarial act under § 1-1231.15 and the short-form certificate under § 1-1231.15 must indicate that the notarial act was performed using communication technology” (CDC 1-1231-13a[h]).

Security of Certificate

“If a notarial act is performed regarding a tangible record, a certificate shall be part of, or securely attached directly to, the record. If a notarial act is performed regarding an electronic record, the certificate shall be affixed to, or logically associated with, the electronic record. If the Mayor has issued rules establishing standards pursuant to § 1-1231.31 for attaching, affixing, or logically associating the certificate, the process shall conform to the standards” (CDC 1-1231.14[f]).

Executing a Certificate

“By executing a certificate of a notarial act, a notarial officer certifies that the officer has complied with the requirements and made the determinations specified in §§ 1-1231.03, 1-1231.04, and 1-1231.05” (CDC 1-1231.14[d]; see also 17 DCMR 2407.5).

“A notarial officer shall not affix the officer’s signature to, or logically associate it with, a certificate until the notarial act has been performed” (CDC 1-1231.14[e]; see also 17 DCMR 2407.6).

Certificate Stamp

District Notaries are required to obtain a “certificate stamp” with the wording for an acknowledgment and verification on oath or affirmation (jurat) certificate that complies with the RULONA short-forms. (See “Certificate Forms” above.) They must use preprinted notarial certificate wording appearing on the document or use their certificate stamp. The certificate stamps must be purchased and brought presented for approval for use by ONCA when appearing to take the oath of office.

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SEAL AND SIGNATURE

Definitions

1. “‘Official seal’ means a physical image affixed to or embossed on a tangible record or an electronic image securely attached directly to or logically associated with an electronic record” (CDC 1-1231.1[11]).

2. “‘Notarial sealer’ means:
   “(A) A physical device capable of affixing to or embossing on a tangible record an official seal;
   “(B) An electronic device or process capable of attaching to or logically associating with an electronic record an official seal” (CDC 1-1231.1[9]).

Seal Requirement

1. Notarial Acts

   1. Notaries Public: Required.
      “If a notarial act regarding a tangible record is performed by a notary public, an official seal shall be affixed to or embossed on the certificate” (CDC 1-1231.14[b][1]).
      “If a notarial act (other than a notarial act authorized by the federal government) regarding a tangible record is performed by a notary public, an official seal shall be affixed to or directly embossed on the certificate” (17 DCMR 2407.3).

   2. Other Notarial Officers: Permitted.
      “If a notarial act is performed regarding a tangible record by a notarial officer other than a notary public and the certificate contains the information specified in subsection (a)(2), (3), and (4) of this section, an official seal may be affixed to or embossed on the certificate” (CDC 1-1231.14[b][1]).
      If a notarial act (other than a notarial act authorized by the federal government) is performed regarding a tangible record by a notarial officer other than a notary public and the certificate contains the information specified in Subsections 2407.2(b), (c) and (d) of this Section, an official seal may be affixed to or embossed on the certificate” (17 DCMR 2407.3).

2. In-Person Electronic Notarial Acts

   1. Notaries Public: Required.
      “If a notarial act regarding an electronic record is performed by an electronic notary and the certificate contains the information specified in subsection (a)(2), (3), and (4) of this section, an official seal shall be attached to or logically associated with the certificate” (CDC 1-1231.14[b][2]).
      “An electronic seal may be used to authenticate an electronic notarial act, if the electronic notarial certificate conforms to the requirements set forth in Sections 15 and 16 of the Act (D.C. Official Code §§ 1-1231.14 and 1-1231.15)” (17 DCMR 2415.1).

   2. Other Notarial Officers: Notarial officers other than Notaries Public who do not hold a commission as a Notary Public are not authorized to perform in-person electronic notarial acts under District law.

3. Remote Notarial Acts

   1. Notaries Public: Required.
      “A remote notary shall sign each notarial certificate for a remote notarial act on a tangible record with a signature that complies with Section 2401.1 and authenticate the remote notarial act with an official seal that complies with Section 2404.1” (17 DCMR 2431.2).

   2. Other Notarial Officers: Notarial officers other than Notaries Public who do not hold a commission as a Notary Public are not authorized to perform remote notarial acts under District law.

4. Electronic Real Property Records: Not required.
   “A physical or electronic image of a stamp, impression, or seal is not required to accompany an electronic signature” (CDC 42-1232[c]).

Seal Format

1. Notarial Acts

   1. Inked Embossment: “If the seal is affixed to a tangible record, it shall be applied in permanent ink and shall be capable of being photocopied” (17 DCMR 2404.3).
      “The notary public must ink their raised seal embossment, subsequent to its placement on a document, every time, no exceptions” (NPH).

   2. Exception: “If the document being notarized is made of a non-porous material, such as Mylar or a similar material to which standard ink will not adhere, an embossed seal shall be used alone or in conjunction with a non-porous, permanent ink that dries through evaporation, which will adhere without smearing” (17 DCMR 2404.4).

   3. Shape/Size: The seal must have a “border in a circular shape no larger than one and three-quarters inches (1.75 in.) surrounding the required words” (17 DCMR 2404.1[e]).

   4. Components: The District of Columbia Notary seal must contain the following components (17 DCMR 2404.1):

      1. The notary public's name at the top, exactly as indicated on the commission;

      2. The words "Notary Public";

      3. The words "District of Columbia" ;

      4. The notary public's commission expiration date; and

      5. A border in a circular shape no larger than one and three-quarters inches (1.75 in.) surrounding the required words.
         “The seal shall not contain the District of Columbia corporate seal” (17 DCMR 2404.5).

2. In-Person Electronic Notarial Acts: “The electronic seal of an electronic notary shall be a digital image that appears in the likeness or representation of a traditional physical notary public official seal meeting the requirements of Section 17 of the Act (D.C. Official Code § 1-1231.16 and Section 2404 of this chapter” (17 DCMR 2415.2).

3. Remote Notarial Acts: The same requirements for an official seal with respect to a tangible record and an in-person electronic notarial act apply to Notaries Public who perform remote notarial acts on tangible and electronic records, respectively.

Example

The below actual-size example of a typical inked embossment Notary seal and electronic Notary seal are allowed by District of Columbia law. Formats varying from this may also be permitted.

Placement of Seal

“A notary public shall affix his or her official signature and official seal on every document notarized, at the time the notarial act is performed” (17 DCMR 2404.2).

1. Obscuring Signatures, Dates: “The seal impression should never be placed over signatures and dates. Usually space is provided to the left or right of the notary’s signature for the seal impression. If such space is not provided, the seal impression should be placed near the notary’s signature” (NPH).

2. Seal Foil: “The seal must be attached directly on the document. It may not be put on top of any other item such as foil or other materials” (NPH).

3. No Room for Seal: “If there is no room to allow the notarization on the front side [of the document], you may perform the notarization on the back” (NPH).

Acquiring a Seal

“A notary public commissioned by ONCA shall procure an official seal only after receiving the appointment notice evidencing the notary public's commission from ONCA and shall provide a copy of this notice to their chosen seal vendor as part of procuring the seal upon request” (17 DCMR 2405.1).

Grandfathered Seal

“A notary public with a commission from ONCA that was in effect on December 4, 2018, may continue to use their notarial seal until their commission expires” (17 DCMR 2405.2).

Ownership and Security of Seal

“A notary public shall be responsible for the security of the notary’s notarial sealer and shall not allow another individual to use the notarial sealer to perform a notarial act. Upon the death, resignation, or removal from office of a notary public, the notary’s records, including all the official papers, shall be deposited with the Mayor” (CDC 1-1231.17[a]).

Lost, Stolen or Damaged Seal

“If a notary public’s notarial sealer or signature is lost, stolen, damaged, or otherwise incapable of affixing a legible image, the notary, or the notary’s personal representative or guardian shall promptly notify the Mayor” (CDC 1-1231.17[b]).

“When the seal of a notary public commissioned by ONCA or the electronic seal of an electronic notary is lost or stolen, the notary public or electronic notary shall notify ONCA, in writing, or by email to notary@dc.gov, within ten (10) business days of discovering the seal was lost or stolen” (17 DCMR 2406.1).

1. Replacement Seal: “The notary public or electronic notary may not obtain a replacement official seal until they have properly notified ONCA in writing, or by email to notary@dc.gov, that the original was lost or stolen” (17 DCMR 2406.2).
   “A replacement official seal must contain some variance from the original seal, and the notary public or electronic notary must provide ONCA an impression of the new seal” (17 DCMR 2406.3).

2. Recovery of Lost Seal: “If the original seal or electronic seal, which was lost or stolen, is found or recovered after a replacement has been obtained, the notary public or electronic notary shall destroy the original seal” (17 DCMR 2406.4).

Official Signature and Seal Samples

“An applicant for a commission as a notary public shall … [f]ile the notary’s signature and deposit an impression of the notary’s official seal with the Mayor” (CDC 1231.19[d][3]).

Electronic Notary Seal

1. In-Person Electronic Notarial Acts Only: “The tamper-evident technology used to attach an electronic notary's electronic seal shall not be used for any purpose other than performing electronic notarial acts under Sections 20 and 21 of the Act (D.C. Official Code §§ 1-1231.19 and 1-1231.20) and this chapter” (17 DCMR 2415.3).

2. Lost or Stolen e-Seal: For the requirement to report a lost or stolen electronic seal, see “Seal and Signature,” above.

Electronic Notary Signature

1. Attribution to Notary: “An electronic notary shall use a tamper-evident technology that complies with Section 2410 to produce the notary's electronic signature in a manner that is capable of independent verification” (17 DCMR 2414.1). “For the purposes of this section, "capable of independent verification" means that any interested individual may confirm through ONCA that an electronic notary who signed an electronic record in an official capacity had authority at that time to perform electronic notarial acts” (17 DCMR 2414.4).

2. Security and Sole Control: “An electronic notary shall take reasonable steps to ensure that no other individual may possess or access the notary's electronic signature” (17 DCMR 2414.2).
   “An electronic notary shall keep in the sole control of the notary all or any part of a tamper-evident technology whose exclusive purpose is to perform electronic notarial acts” (17 DCMR 2414.3).

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RECORDS OF NOTARIAL ACTS

Records Requirement

1. Journal

   1. Notarial Acts: Required. “A notary public shall maintain a journal in which the notary public records all notarial acts that the notary public or electronic notary performs” (CDC 1-1231.18[a]).
      “Each notary public, including each electronic notary or remote notary, shall record each notarial act in a journal at the time of notarization in compliance with Section 19 of the Act (D.C. Official Code § 1-1231.18) and these rules” (17 DCMR 2422.1).

   2. In-Person Electronic Notarial Acts: Required (CDC 1-1231.18[a]; 17 DCMR 2422.1).

   3. Remote Notarial Acts: Required (CDC 1-1231.18[a]; 17 DCMR 2422.1).

2. Recording of Remote Notarial Acts: Required.
   “A notary public or notarial officer located in this State may perform a notarial act using communication technology for a remotely located individual if … [t]he notary public, or a person acting on behalf of the notary public, creates an audio-visual recording of the performance of the notarial act” (CDC 1231-13a[b][3]).

Journal Format

“A journal may be created on a tangible medium or in an electronic format” (CDC 1-1231.18[b][1]).

1. Tangible Journal: “If the journal is maintained on a tangible medium, it shall be a permanent bound register with numbered pages” (CDC 1231.18[b][2]).
   “A tangible notarial journal shall:
   “(a) Be a permanent, bound book with numbered pages; and
   “(b) Have the capacity to record for each notarial act:
   “(1) The information required by Section 19 of the Act (D.C. Official Code § 1-1231.18(c)(1)-(7));
   “(2) A description of the notary public's method of identifying the individual for whom the notarial act is performed; and
   “(3) The individual’s signature, or the signature of an authorized party in compliance with Section 9 of the Act (D.C. Official Code § 1-1231.08), or a notation that the notarial act was a remote notarial act” (17 DCMR 2423.1[3]).
   “The notary may maintain a separate journal for tangible records” (17 DCMR 2422.1[b][2]).

2. Electronic Journal: “If the journal is maintained on a tangible medium, it shall be a permanent bound register with numbered pages. If the journal is maintained in an electronic format, it shall be in a tamper-evident electronic format complying with the rules issued by the Mayor” (CDC 1231.18[b][2]).
   “If the journal is maintained in an electronic format, it shall be protected with technology designed to allow a person inspecting the journal to determine whether there has been any tampering with its integrity” 17 DCMR 2422.1[b][2]).
   “If a notary public subject to Section 19 of the Act (D.C. Official Code § 1-1231.18) keeps an electronic journal pursuant to that provision, the electronic journal shall:
   “(a) Be capable of recording the same information required for a tangible notarial journal;
   “(b) Enable access by a password or other secure means of authentication;
   “(c) Be capable of creating a duplicate record of the journal as a backup; and
   “(d) Be capable of providing tangible or electronic copies of any entry made in the journal” (17 DCMR 2423.2).

Journal Entries

1. Required Entries: “An entry in a journal shall be made contemporaneously with performance of the notarial act and contain the following information:
   “(1) The date and time of the notarial act;
   “(2) A description of the record, if any, and type of notarial act;
   “(3) The full name and address of each individual for whom the notarial act is performed;
   “(4) If the identity of the individual is based on personal knowledge, a statement to that effect;
   “(5) If the identity of the individual is based on satisfactory evidence, a brief description of the method of identification and the identification credential presented, if any, including the date of issuance and expiration of an identification credential when such a credential is used;
   “(6) The fee, if any, charged by the notary public; and
   “(7) The signature of each individual for whom the notarial act is performed” (CDC 1-1231.18[c]).

2. Exception: “Notaries performing remote notarial acts are not required to collect and maintain the signatures of the signers when those notarizations were performed remotely. For any remote notarial act, the notary must note in his or her journal that the notarization was performed remotely” (17 DCMR 2423.3).

Contemporaneous Completion

“An entry in a journal shall be made contemporaneously with performance of the notarial act performed in the physical presence of the notary” (17 DCMR 2422.1[c]).

Lost or Stolen Journal

“If a notary public's journal is lost or stolen, the notary shall notify ONCA within ten (10) business days of discovering the journal was lost or stolen. The notary must purchase a new journal within fifteen (15) days of discovering the journal was lost or stolen” (17 DCMR 2422.1[d]).

Retention of Journal

“The notary public shall retain the journal until required to transmit the journal to the Mayor under subsections (e) and (f) of this section” (CDC 1-1231.18[a]).

Disposition of Journal

1. Resignation, Revocation, Suspension: “On resignation from, or the revocation or suspension of, a notary public’s commission, the notary shall transmit the journal to the Mayor” (CDC 1-1231.18[e]; see also 17 DCMR 2417.1[e]).
   “If the notary public terminates his or her commission or endorsement or that commission or endorsement is revoked or suspended, the notary shall transmit the journal to ONCA” (17 DCMR 2422.22[e]).

2. Death or Incompetency of Notary: “On the death or adjudication of incompetency of a current or former notary public, the notary’s personal representative or guardian or any other person knowingly in possession of the journal shall transmit it to the Mayor” (CDC 1-1231.18[f]; see also 17 DCMR 2417.1[f]).
   “The personal representative or guardian of a notary public commissioned by ONCA shall, if the notary dies or is adjudicated incompetent, follow Section 2422.1(f) related to the disposition of the notary’s journals” (17 DCMR 2424.1).

Retention of Recordings

1. Requirement: “A notary public must retain any audio-visual recording created under Section 14a(b)(3) of the Act (DC Official Code § 1-1231.13a(b)(3)) in a computer or other electronic storage device that protects the recording against unauthorized access by password or other secure means of authentication. The recording must be created in an industry-standard audio-visual file format” (17 DCMR 2420.1).
   “The fact that the notary public’s employer, contractor, or repository keeps or stores any audio-visual recordings shall not relieve the notary of the duties required by these rules” (17 DCMR 2420.4).

2. Retention Period: “An audio-visual recording must be retained for at least ten (10) years after the recording is made” (17 DCMR 2420.2).

3. Backup: “A notary public must take reasonable steps to ensure that a backup of the audio-visual recording exists and is secure from unauthorized use” (17 DCMR 2420.3).

4. Access Instructions: “The notary public, or the notary’s personal representative or guardian, shall provide access instructions to the ONCA for any audio-visual recordings maintained or stored by the notary, upon commission resignation, revocation, or expiration without renewal, or upon the death of adjudication of incompetency of the notary” (17 DCMR 2420.6).

Repository of Recordings

1. Authorization: “A notary public, or the notary’s personal representative or guardian, may by written contract engage a third party to act as a repository to provide the storage required by this section. A third party under contract under this section shall be deemed a repository under Section 14a(j) (DC Official Code § 1-1231.13a(j)) of the Act” (17 DCMR 2420.7).

2. Contract: “Any contract under Subsection 2420.7 of this section must:
   “(a) Enable the notary public, or the notary’s personal representative or guardian, to comply with the retention requirements of this section even if the contract is terminated; or
   “(b) Provide that the information will be transferred to the notary public, or to the notary’s personal representative or guardian, if the contract is terminated” (17 DCMR 2420.8).

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FEES FOR NOTARIAL ACTS

Maximum Fees

1. Notarial Acts: The maximum fees of District Notaries are (CDC 1-1231.23[a] and 17 DCMR 2425.1):

   1. Taking an acknowledgment or proof: $5 per signature;

   2. Administering an oath or affirmation, including jurat, seal: $5;

   3. Taking an affidavit, including jurat, seal: $5;

   4. Any other notarial act: $5.
      “Nothing in [DMCR 17-2400-2499] shall be construed to require that a notary public or an electronic notary charge for notarial acts” (17 DCMR 2420.3).

2. In-Person Electronic Notarial Acts: Electronic Notaries may charge the same maximum fees as for a tangible notarial act (17 DCMR 2425.1).

3. Remote Notarial Acts: Remote Notaries may charge $25 for a remote notarial act (17 DCMR 2425.1).

Reducing or Waiving Fees

“A notary public may waive a scheduled fee or charge an amount less than the scheduled fee” (CDC 1-1231.23[c]).

“Nothing in this chapter shall be construed to require that a notary public or an electronic notary charge for notarial acts” (17 DCMR 2425.3).

Travel Fee

“A notary public may charge, upon agreement of the person to be charged, an amount not-to-exceed the actual and reasonable expense of traveling to a place where a notarial act is to be performed if it is not the usual place where the notary public performs notarial acts. Traveling expenses shall be in writing, itemized, and separate from the fee for the notarial act” (CDC 1-1231.23[b]).

“A notary public commissioned by ONCA, including an electronic notary, may charge a travel fee when traveling to perform a notarial act if:
“(a) The notary public and the individual requesting the notarial act agree upon the travel fee in advance of the travel;
“(b) The notary public explains to the individual requesting the notarial act that the travel fee is in addition to the notarial fee in Subsection 2420.1 and is not required by law;
“(c) The fee is for travel to a place that is not the usual place where the notary public performs notarial acts; and
“(d) The fee does not exceed the actual and reasonable expense of traveling to the place where the notarial act is to be performed” (17 DCMR 2425.5).

Technology Fee

“An electronic notary may charge a reasonable fee based on the electronic technology that the electronic notary uses if that fee is agreed to in advance with the customer and itemized separately on the invoice” (17 DCMR 2425.1).

Copying Fee

“A notary public commissioned by ONCA, including an electronic notary, may, in addition to the fees described in Subsection 2420.1, charge the actual costs of copying any instrument or record” (17 DCMR 2425.4).

Additional Fees

Aside from the fee for the notarial act and a travel, technology, or copy fee, a Notary is not permitted to charge any additional fee in connection with the performance of a notarial act: “The notary may not charge any other additional fees when performing the notarial act in the notary's place of business or residence” (17 DCMR 2425.4).

Government Notaries

“Except as authorized by statute or regulation, a District of Columbia Government Notary shall not charge a fee for notarial acts performed in that capacity” (17 DCMR 2425.6).

“Except for a notary public commissioned by the federal government, a notary public, including an electronic notary, who is exempted from paying the application fee pursuant to Subsection 20(b) of the Act (D.C. Official Code § 1-1231.19(b)) shall not collect a notary fee” (17 DCMR 2425.2).

However, any government-employed Notary who is a District resident and who wishes to make money as a Notary on his or her own time may apply for a “dual commission” and pay personally for the commissioning fee and bond. For more information on dual commissions, see “Commission Process” under “Commission and Appointment,” above.

Overcharging

“A notarial officer other than a notary public shall not charge a fee for performing notarial acts” (CDC 1-1231.23[a]).

For overcharging, a Notary may be fined $100 and removed from office (17 DCMR 2406.3).

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REAL ESTATE PRACTICES

Notary Signing Agents

Currently, there are no statutes, regulations or rules expressly governing, prohibiting or restricting the operation of Notary Signing Agents within the District of Columbia.

1. Title Insurance Producer License Clarifications: In 2010, the District of Columbia Council enacted reforms to the District’s laws related to title insurance. The Department of Insurance, Securities and Banking (DISB) stipulated at that time that a title insurance producer had to be present whenever documents to effect the purchase, sale, or financing of an interest in real property were signed by the parties. This meant that Notary Signing Agents could not conduct loan signings unless there was a title insurance producer present or they became title insurance producers themselves.
   Then, effective October 23, 2015, the DISB issued Bulletin 15-IB-8-10/23, clarifying that Notary Signing Agents operating within the District may perform loan signings without a license as a title insurance producer. “The new policy reflected in this Bulletin formally adopts and incorporates substantially all of the Department’s previous guidance with the one notable change of removing the requirement that a title producer must be present at every real estate closing in the District. The change is intended to allow notaries to witness the execution of documents without having to become licensed.
   “As further clarified below, notaries will no longer be required to obtain a title insurance producer license so long as they do not solicit, sell or negotiate title insurance or closing protection letters. For example, activities that would trigger the requirement for a notary to become licensed as a title producer would include any discussion about the terms of any title insurance or closing protection, the premium, or any additional or alternative insurance of any kind” (Bulletin 15-IB-8-10/23).

2. Written Disclosure: “If a notary acts on behalf of a title insurance producer in a capacity that does not require a title producer license, then the title producer shall execute a written disclosure statement that acknowledges the role of the notary in the closing transaction and that the notary is acting on behalf of the title producer. The disclosure also shall describe the scope of the agency, including the limited role and services provided by the notary, and state that any questions concerning the title insurance or the closing process or documents must be referred to the title producer. Prior to obtaining and witnessing any signatures, the notary or title producer shall deliver to the subject party to the closing a copy of the disclosure statement and obtaining the party’s acknowledgment of receipt. The title producer shall be required to retain a copy of the signed disclosure statement and make a copy available to the Commissioner upon request” (Bulletin 15-IB-8-10/23).

Recording Requirements

1. Signatures and Acknowledgment: “The Recorder of Deeds shall not … [a]ccept for recordation any instrument unless the instrument is executed and acknowledged according to law by the person granting or contracting his or her right, title, or interest in the real property” (CDC 42-407[1]).

2. Deeds: “Any deed conveying real property in the District, or interest therein, or declaring or limiting any use or trust thereof, executed and acknowledged and certified as provided in §§ 42-101, 42-121 to 42-123 [repealed], 42-306, and 42-602 and delivered to the person in whose favor the same is executed, shall be held to take effect from the date of the delivery thereof, except that as to creditors and subsequent bona fide purchasers and mortgagees without notice of said deed, and others interested in said property, it shall only take effect from the time of its delivery to the Recorder of Deeds for record” (CDC 42-401).

3. Security Instruments: “Mortgages and deeds of trust to secure debts, conveying any estate in land, shall be executed and may be acknowledged and recorded in the same manner as absolute deeds; and they shall take effect both as between the parties thereto and as to others, bona fide purchasers and mortgagees and creditors, in the same manner and under the same conditions as absolute deeds” (CDC 42-801).

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RECOGNITION OF NOTARIAL ACTS

Notarial Acts in the District of Columbia

“(a) A notarial act may be performed in the District by:
“(1) A notary public of the District;
“(2) A judge, clerk, or deputy clerk of a court of the District; or
“(3) Any other individual authorized to perform the specific act by the law of the District.
“(b) The signature and title of an individual performing a notarial act in the District shall be prima facie evidence that the signature is genuine and that the individual holds the designated title.
“(c) The signature and title of a notarial officer described in subsection (a)(1) or (2) of this section shall conclusively establish the authority of the officer to perform the notarial act” (CDC 1-1231.9).

Police Property Clerk: The Property Clerk of the District’s Metropolitan Police has all the powers conferred upon District Notaries (CDC 5-119.04).

Notarial Acts in U.S. State or Jurisdiction

“(a) A notarial act performed in another state shall have the same effect under the law of the District as if performed by a notarial officer of the District, if the notarial act performed in that state is performed by:
“(1) A notary public of that state;
“(2) A judge, clerk, or deputy clerk of a court of that state; or
“(3) Any other individual authorized by the law of that state to perform the notarial act.
“(b) The signature and title of an individual performing a notarial act in another state shall be prima facie evidence that the signature is genuine and that the individual holds the designated title.
“(c) The signature and title of a notarial officer described in subsection (a)(1) or (2) of this section shall conclusively establish the authority of the officer to perform the notarial act” (CDC 1-1231.10).

1. Territories: “Deeds and other instruments affecting land situate in the District of Columbia may be acknowledged in the islands of Guam and Samoa or in the Canal Zone before any notary public or judge, appointed therein by proper authority, or by any officer therein who has ex officio the powers of a notary public; provided, that the certificate by such notary in Guam, Samoa, or the Canal Zone, as the case may be, shall be accompanied by the certificate of the governor or acting governor of such place to the effect that the notary taking said acknowledgment was in fact the officer he purported to be; and any deeds or other instruments affecting lands so situate, so acknowledged since the 1st day of January, 1905, and accompanied by such certificate shall have the same effect as such deeds or other instruments hereafter so acknowledged and certified” (CDC 42-111).

2. Philippine Islands and Puerto Rico: “Deeds and other instruments affecting land situate in the District of Columbia may be acknowledged in the Philippine Islands and Puerto Rico before any notary public appointed therein by proper authority, or any officer therein who has ex officio the powers of a notary public; provided, that the certificate by such notary in the Philippine Islands or in Puerto Rico, as the case may be, shall be accompanied by the certificate of the Executive Secretary of Puerto Rico, or the Governor or Attorney General of the Philippine Islands to the effect that the notary taking said acknowledgment was in fact the officer he purported to be” (CDC 42-112).

Notarial Acts in Federally Recognized Indian Tribe

“(a) A notarial act performed under the authority and in the jurisdiction of a federally recognized Indian tribe has the same effect as if performed by a notarial officer of the District, if the notarial act performed in the jurisdiction of the tribe is performed by:
“(1) A notary public of the tribe;
“(2) A judge, clerk, or deputy clerk of a court of the tribe; or
“(3) Any other individual authorized by the law of the tribe to perform the notarial act.
“(b) The signature and title of an individual performing a notarial act under the authority of and in the jurisdiction of a federally recognized Indian tribe shall be prima facie evidence that the signature is genuine and that the individual holds the designated title.
“(c) The signature and title of a notarial officer described in subsection (a)(1) or (2) of this section shall conclusively establish the authority of the officer to perform the notarial act” (CDC 1-1231.11).

Notarial Acts Under U.S. Law

“(a) A notarial act performed under federal law has the same effect under the law of the District as if performed by a notarial officer of the District, if the notarial act performed under federal law is performed by:
“(1) A judge, clerk, or deputy clerk of a court;
“(2) An individual in military service or performing duties under the authority of military service who is authorized to perform notarial acts under federal law;
“(3) An individual designated a notarizing officer by the United States Department of State for performing notarial acts overseas; or
“(4) Any other individual authorized by federal law to perform the notarial act.
“(b) The signature and title of an individual acting under federal authority and performing a notarial act shall be prima facie evidence that the signature is genuine and that the individual holds the designated title.
“(c) The signature and title of an officer described in subsection (a)(1), (2), or (3) of this section shall conclusively establish the authority of the officer to perform the notarial act” (CDC 1-1231.12).

Notarial Acts in Foreign State

“(a) If a notarial act is performed under authority and in the jurisdiction of a foreign state or constituent unit of the foreign state or is performed under the authority of a multinational or international governmental organization, the notarial act shall have the same effect under the law of the District as if performed by a notarial officer of the District.
“(b) If the title of office and indication of authority to perform notarial acts in a foreign state appears in a digest of foreign law or in a list customarily used as a source for that information, the authority of an officer with that title to perform notarial acts shall be conclusively established.
“(c) The signature and official stamp of an individual holding an office described in subsection (b) shall be prima facie evidence that the signature is genuine and the individual holds the designated title.
“(d) An apostille in the form prescribed by the Hague Convention of October 5, 1961, and issued by a foreign state party to the Hague Convention conclusively shall establish that the signature of the notarial officer is genuine and that the officer holds the indicated office.
“(e) A consular authentication issued by an individual designated by the United States Department of State as a notarizing officer for performing notarial acts overseas and attached to the record with respect to which the notarial act is performed conclusively shall establish that the signature of the notarial officer is genuine and that the officer holds the indicated office” (CDC 1-1231.13).

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AUTHENTICATION OF NOTARIAL ACTS

Office of Secretary of District of Columbia

An authenticating certificate for a District of Columbia Notary may be obtained at the Office of the Secretary of the District.

1. Fee: A fee of $15 per document authenticated, including an apostille (17 DCMR 2432.3), payable to “DC Treasurer” by check or money order. In addition, payment by Visa, MasterCard, Discover or American Express is accepted for in-person requests only. Only checks and money orders are accepted for mail-in authentications.

2. Mail or In Person:
   Office of Notary Commissions and Authentications
   441 4th Street, N.W.
   Suite 810 South
   Washington, DC 20001

3. Phone: 202-727-3117

4. Procedure: Mail or present in person the original notarized document(s), along with the proper fee and a self-addressed, stamped envelope. “Documents submitted must be notarized by a D.C. notary or be a certified copy issued by a Government of the District of Columbia agency.” (website, “Authentications”). If the request is conveyed by mail or delivery service, in a cover letter indicate the nation to which the document will be sent, as well as the requester’s name, address and phone number. Mailed requests typically take two to three business days to process. In-person authentications are available from 9:00 a.m. until 1:00 p.m. Monday through Friday. Individuals sign in upon arrival and are served in order. Individuals who sign in before 1:00 p.m. will be served same day.
   Birth and death certificates must be the original form from the District and by on letter size. Marriage certificates and divorce decrees must be the originals issued by the U.S. Superior Court of the District of Columbia. A “triple seal” must be requested for these documents (website, “Authentications”).

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© 2024 National Notary Association.