The District of Columbia Enacts Provisions Regarding Notaries Public
The District of Columbia has passed D.C. ACT 22-471, now known as D.C. Law 22-189, or; the “Revised Uniform Law on Notarial Acts Act of 2018.” The act includes new provisions that facilitate notarizations using electronic records, permit the notarization of signatures of parties outside the United States, and prohibits certain fraudulent or deceptive practices.
Of particular note, the act allows an individual who holds a notary public commission to apply to the Mayor for an endorsement as an electronic notary. Electronic records are defined as information that is stored in an electronic or other medium and is retrievable in a perceivable form. Prior to a notary receiving an endorsement as an electronic notary public the notary is required to complete a training course, make the required oath, identify the tamper-evident technology the notary intends to use to complete the notarial act, and provide an exemplar of their electronic signature and official seal. Upon receipt of an endorsement as an electronic notary the notary public may perform notarial acts with respect to electronic records. When performing a notarial act on an electronic record the electronic notary is not required to use a tamper-evident technology that the notary has not selected.
The act also provides for a series of prohibited acts. A notary public commission does not authorize an individual to assist persons in drafting legal records, give legal advice, or otherwise practice law. Additionally, a commission does not authorize an individual to act as an immigration consultant, or represent a person in a judicial or administrative proceeding. Further, a notary public who is not an attorney licensed to practice law in the District of Columbia may not use the term ‘notario’ or ‘notario publico’.
The act does not affect the validity or effect of a notarial act performed prior to the effective date of the act, and a notary public who obtained their commission prior to the effective date of this act shall continue in that capacity until the expiration of their commission. However, a notary public who holds a commission that is effective as of the date of this Act is subject to, and is required to comply with the provisions of the act. D.C. Law 22-189 became effective December 4, 2018 and the full text of the act may be found at: https://code.dccouncil.us/dc/council/laws/22-189.html
Adam Faria, JD, is a regulatory compliance consultant with CLA. He is a graduate of Northeastern University and earned his juris doctor at Suffolk University Law School. He is admitted to the bar in Massachusetts and New Hampshire.
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