District of Columbia - U.S. Notary Reference

Last Update: May 20, 2025

Notary Jurisdiction

District of Columbia (CDC 1-1231.09[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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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
   899 North Capitol Street, NE, Suite 8100
   Washington, DC 20002

2. Phone: 202-727-3117

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

Laws, Rules and Guidelines

1. Laws:

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

   2. Citations: Citations to the Code in this chapter follow this convention: CDC, title, section, and any paragraph and subparagraph within the section, if any, in brackets. Example: CDC 1-1231.19[d][4].

2. Rules:

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

   2. Citations: Citations to the Regulations follow this convention: Title DCMR Section, and any paragraph and subparagraph within the section, if any, in brackets. Example: 17 DCMR 2403.2[e].

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

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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

   1. Online: 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.

   2. Application Notes (website, “ONCA – Notary Application Instructions”):

      1. Commission Name: Applicants should use the form of their name as they want it to appear on their commission. “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]).

      2. Capitalization Rules: 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.

      3. Abbreviations: Abbreviations should not be used and the entire name of the street must be completely spelled out.

      4. Thoroughfare Name: Applicants must select a name for the thoroughfare (street, road, avenue, etc.) and quadrant (SE, NE, NW, etc.) from the applicable dropdown lists.

      5. Letters of Request: The required letters of request must be uploaded as attachments to the online application.

      6. Character References: The names, addresses, phone numbers and email addresses of two character references are required.

      7. Complete in One Sitting: The information in the web form cannot be saved, so applicants must complete and submit the application in one sitting. The application will only be submitted if all fields are completed and the letters of request have been properly uploaded.

      8. Notifications: 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.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.

   3. Fee: 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[e]).

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 § 1-1231.19(i) (CDC § 1-1231.01[3]; 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

   1. Notary Public Commission: “An applicant may apply for an electronic notary endorsement only if the applicant currently holds an active notary public commission” (17 DCMR 2400.4; 17 DCMR 2400.5[b]).

   2. Other Requirements: An individual applying for an electronic notary endorsement must do the following within 30 calendar days of receiving the endorsement, or forfeit the endorsement:

      1. Course: The Notary must complete a training course for the Electronic Notary endorsement.

      2. Oath: The Notary must take the oath prescribed for civil officers in the District as set forth in D.C. Official Code § 1-501.

      3. Tamper-Evident Technology: The Notary must notify ONCA of the tamper-evident technology provider that the electronic notary intends to use.

      4. Electronic Signature: File an exemplar of the electronic notary's electronic signature and official seal” (17 DCMR 2400.5[a]).

      5. Compliance with Bond Requirement:6“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]).

4. Application

   1. Online: 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.

   2. Time Barred: 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).

   3. Technology Vendor: 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. Fees

   1. Application Fee: The fee to submit an application for an Electronic Notary endorsement or renewal endorsement is $30 (17 DCMR 2400.3, 2403.1).

   2. Exemption from Fee: “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 listed 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 1-1231.09[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” (17 DCMR 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

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

2. Exemption: “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]).

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

   1. Notify ONCA: Notaries must notify ONCA in writing within 30 days when they change their name (17 DCMR 2422.2).

   2. Notify Surety: 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).

   3. New Seal, Stamp/Certificate: “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, the Notary must obtain a new notarial stamp/certificate (NPH)

   4. Proof of Notification of Surety: In addition, a Notary must 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 (NPH)

   5. Oath Page: Finally, the Notary must come to ONCA to complete an oath page with embossed seal impressions that reflect the name change (NPH).

   6. Name Change at Time of Renewal: “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 2428.3).

      “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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Authorized Acts

1. Notarial Acts: District Notaries are authorized to perform the following notarial acts (CDC 1-1231.01[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. Definitions

   1. Acknowledgment: “‘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 1-1231.01[1]; see also 17 DCMR 2499.1).

   2. In a Representative Capacity: “In a representative capacity” means acting as:
      “(A) An authorized officer, agent, partner, trustee, or other representative for a person other than an individual;
      “(B) A public officer, personal representative, guardian, or other representative, in the capacity stated in a record;
      “(C) An agent or attorney-in-fact for a principal; or
      “(D) An authorized representative of another in any other capacity” (CDC 1-1231.01[6]; see also 17 DCMR 2499.1).

2. Requirements

   1. Identity of Principal: “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…..” (CDC 1-1231.04[a]). The same standards apply to a Notary who performs electronic and remote notarial acts (17 DCMR 2408.9; 17 DCMR 2416.3).

   2. Signature of Principal: “A notarial officer who takes an acknowledgment of a record shall determine … that the signature on the record is the signature of the individual” (CDC 1-1231.04[a]). The same standards apply to a Notary who performs electronic and remote notarial acts (17 DCMR 2408.9; 17 DCMR 2416.3).

   3. Acknowledgment of Principal: The individual making the acknowledgment must verbally “declare” (acknowledge) to the Notary (CDC 1-1231.01[1]; see also 17 DCMR 2499.1):

      1. Signature: The individual must acknowledge that “the individual has signed a record for the purpose stated in the record….”

      2. Representative Capacity and Authority: If the individual has or is signing the record in a representative capacity, the individual must declare “that the individual signed the record with proper authority and signed it as the act of the individual or entity identified in the record.”

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. Definitions: “‘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 1-2131.01[18]; see also 17 DCMR 2499.1).

2. Requirements

   1. Identity of Principal: “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....” (CDC 1-1231.04[b]; 17 DCMR 2408.7). The same standards apply to a Notary who performs electronic and remote notarial acts (17 DCMR 2408.9; 17 DCMR 2416.3).

   2. Signature of Principal: “A notarial officer who takes a verification of a statement on oath or affirmation shall determine … that the signature on the statement verified is the signature of the individual.” (CDC 1-1231.04[b]; 17 DCMR 2408.7). The same standards apply to a Notary who performs electronic and remote notarial acts (17 DCMR 2408.9; 17 DCMR 2416.3).

   3. Oath/Affirmation: The short form certificate of notarial act for a verification on oath or affirmation states, “Signed and sworn to (or affirmed) before me …” (CDC 1-1231.15[3]) indicating that the Notary Public performing the verification must administer an oath or affirmation the principal.

   4. Witness Signature: The short form certificate of notarial act for a verification on oath or affirmation (CDC 1-1231.15[3]) states, “Signed and sworn to (or affirmed) before me …” indicating that the Notary Public performing the verification must personally witness the principal sign the record.

Signature Witnessings or Attestations

Requirements

1. Identity of Principal: “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 1-1231.04[c]; 17 DCMR 2408.2). The same standards apply to a Notary who performs electronic and remote notarial acts (17 DCMR 2408.9; 17 DCMR 2416.3).

2. Witness Signature: The short form certificate of notarial act for a signature witnessing (CDC 1-1231.15[4]) states, “Signed [or attested] before me …” (CDC 1-1231.15[4]) indicating that the Notary Public performing the signature witnessing must personally witness the principal sign the record.

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]; 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 1.1231.04[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; 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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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 1-1231.05).

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 (CDC 1231.04[a]-[c]).

   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 1-1231.06[a]; 17 DCMR 2408.3).

   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 1-1231.06[b]; 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 1-1231.06[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

   1. Competence: “A notarial officer may refuse to perform a notarial act if the officer is not satisfied that … [t]he individual executing the record is competent or has the capacity to execute the record….” (CDC 1-1231.07[a][1]; 17 DCMR 2421.2). 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. Willingness: “A notarial officer may refuse to perform a notarial act if the officer is not satisfied that … [t]he individual’s signature is knowingly and voluntarily made” (CDC 1-1231.07[a][2]; 17 DCMR 2421.2). 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 1-1231.07[b]; 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 1-1231.03[b][1]). A notarial act that violates this provision is voidable (CDC 1-1231.03[c]).

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 1-1231.03[b]). A notarial act that violates these provisions is voidable (CDC 1-1231.03[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; 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]; 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]; 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]; 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 28-4910).

   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 1-1231.01[17]).

   2. Selection by Notary: “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]).

   3. Standards: “If the Mayor has issued rules establishing standards for approval of technology pursuant to § 1-1231.31, 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]).
      “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. 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]; 17 DCMR 2418.1).

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) The 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]).