The District of Columbia Revises its Notary Public Regulations
On June 15, 2016, the District of Columbia Office of the Secretary repealed and replaced Ch. 24 of Title 17 of the District of Columbia Municipal Regulations dealing with Notaries Public. The revised rules are effective July 1, 2016.
2400 Appointment of Notaries
The District of Columbia Office of the Secretary, Office of Notary Commissions and Authentications Section has replaced the office of the Mayor as the body that may appoint notaries (2400.1). In order to be appointed as a notary, the applicant must be a citizen of the United States who is a resident of the District of Columbia or whose sole place of business or employment is located in the District (2400.2). The applicant must be at least 18 years of age (2400.3). Letters requesting appointment shall be sent to the Office of Notary Commissions and Authentications, 441 4th Street N.W., Suite 810 South, Washington D.C. 20001 (2400.10).
2401 Government Employees
Under the revised regulations, upon termination of a government employee’s commission due to the employee leaving government service, the employee is required to return his or her official notary seal to the Office of Notary Commissions and Authentications (ONCA) office (2401.2).
2402 Application and Orientation; Reappointment
The requirement that an applicant obtain a letter of endorsement from 3 references has been replaced. New applicants must now provide the names, addresses, phone numbers and email addresses of two individuals who can attest to their character (2402.2).
In addition, all new applicants are required to attend an orientation session provided by ONCA (2402.3).
The term of appointment for a notary public is 5 years (2402.4). A notary whose commission has expired may be reappointed within 12 months of commission expiration by submitting a reappointment application to ONCA (2402.5). If a notary’s commission expired more than 12 months prior, then the notary must apply as a new applicant (2402.5).
2407 Notary Public Records
Each notary shall keep a record of all official acts performed. Based upon national standard practices, the ONCA recommends that the notary log include the following:
- (a) Name: The name and address of each person appearing before the notary;
- (b) Date: The date they appeared before the notary;
- (c) Identification: The method by which each person was identified to the notary;
- (d) Document Type: The type of document involved;
- (e) Fee: The fee charged; and
- (f) Signature: The signature(s) of person(s) signing the document(s).
2409 Expiration of Commission
It is required that a notary who no longer resides in the District of Columbia or who is no longer employed in a business physically located in the District resign his or her commission by notifying ONCA in writing or via email.
The full text of the new regulations may be found here.
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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